The Court of Cassation on Tuesday February 21 asked the Versailles Court of Appeal to re-examine requests for nullity in the investigation in Nanterre targeting Thierry Solère, adviser to Emmanuel Macron indicted for a dozen financial offenses.
The investigating chamber of the Versailles Court of Appeal (Yvelines) had rejected in July numerous requests for nullity, issued by the defense of Thierry Solère and three business leaders indicted.
The court quashed this decision on Tuesday for procedural defect, considering that it could not "
ensure
" that the defendants had indeed had the last word during the hearing in Versailles.
She therefore requested a re-examination.
The former MP disputes
"
It's a first victory
," reacted to AFP Patrice Spinosi, who represented Thierry Solère and two other defendants.
“
New judges will now have to assess the validity of the questioning of Thierry Solère, like that of the other indicted.
Their chances of having the lawsuit declared null and void are all the greater
,” said Me Spinosi.
Read alsoQatargate: two MEPs lose their immunity
Since the opening of the judicial investigation in 2019 in Nanterre, Thierry Solère, now 51 years old, has been prosecuted for embezzlement of public funds, tax evasion or even fictitious employment.
The former LREM deputy from Hauts-de-Seine disputes all the accusations.
"Partiality of the prosecution" in question
His defense denounces in particular the conditions of his lifting of parliamentary immunity in July 2018, "
the partiality of the Nanterre prosecution
" and the feedback from the public prosecutor to the then Keeper of the Seals, Jean-Jacques Urvoas.
This question was the subject of two priority questions of constitutionality (QPC), initiated by the defence.
Only one was submitted to the Constitutional Council, which had finally validated the feedback.
After this validation, the Versailles Court of Appeal re-examined the defendants' requests for nullity and rejected them last July.
This Tuesday, the Court of Cassation demanded a new hearing, except for one of the business leaders indicted, who precisely denounced these feedbacks in his appeal.
“
It is regrettable that the Court of Cassation has evaded this central point of law
”, reacted to AFP his lawyer Me Marie-Alix Canu Bernard.
“
We are waiting to see what the investigating judges will do with it
” who will ultimately decide on whether or not to hold a trial, she said.
