Le Figaro Marseille
Will the strong man of Var politics be able to regain his seat as mayor?
From this Monday, former minister Hubert Falco appears for two days before the Aix-en-Provence Court of Appeal.
Sentenced to three years in prison and five years of ineligibility at first instance, the man who was mayor of Toulon and secretary of state for Nicolas Sarkozy before joining the cause of Emmanuel Macron has been forced since last April to leave The political life.
Hubert Falco appears again for embezzlement of public funds, accused of having benefited from free meals from the Var departmental council when he no longer sat there.
What are the facts ?
It all started in 2016. Officials from the departmental council reported to the UNSA union a situation that seemed strange to say the least within the Var assembly.
In the institution's cafeteria, the officials see Hubert Falco eating alone, at the same table, at the back of the refectory.
However, the mayor of Toulon has not been president of the community for around fifteen years.
Others say that one of the cooks from the departmental council is assigned full time to the service of Hubert Falco.
A fridge would even be reserved for the mayor of Toulon and his wife, with meals prepared in advance for evenings and weekends inside.
An alert was made to the justice system by the UNSA in January 2019. In October of the same year,
Le Canard chainé
revealed the affair to the general public.
In the columns of
Var-Matin
two days later, Hubert Falco's lawyer announced that he was filing a complaint for slanderous denunciation.
On February 26, 2020, the head chef of the Var departmental council told investigators from the Marseille financial brigade about the system he allegedly witnessed, which allowed Hubert Falco to benefit from the famous meals stored in a fridge dedicated to him.
Less than a fortnight later, he was found dead in the heights of Toulon, hanging on his terrace wearing a t-shirt bearing the departmental council logo.
In total, these private meals served to Hubert Falco and his wife, an employee of the departmental council, would have cost the taxpayer at least 64,500 euros between 2015 and 2018, according to investigators.
Or 1500 euros per month.
He is also suspected of having benefited from a public contract between the departmental council and a dry cleaning company to wash his personal laundry, in particular his tank tops, socks and pajamas.
At his side, the president of the Var departmental council at the time of the events was called to the stand.
LR Marc Giraud is suspected of having allowed Hubert Falco to benefit from these advantages, and therefore finds himself accused of theft, embezzlement or destruction of public property.
What happened in the first instance?
During the hearing, Hubert Falco admitted to having indeed benefited from some undue meals.
After several days of debate, he was sentenced at first instance to a three-year suspended prison sentence for concealment of embezzlement of public funds.
According to the president of the criminal court at the time, Céline Ballerini, in this case,
“the duty to set an example was totally flouted”
, by a man who had shown
“a clear lack of respect”
for the institutions.
“We heard the witnesses say that you were an excellent mayor, that you had done a lot,”
admitted Céline Ballerini.
“But that’s not the question
,” according to the magistrate.
“The departmental council remained your territory
,” accused Céline Ballerini.
“ Proceedings
which were revealed by wiretapping”
during the investigation
“testify to this disregard for the rules and the desire to escape certain realities”
, added the magistrate.
In addition to the prison sentences, Hubert Falco received a five-year ineligibility sentence with provisional execution.
In other words, this sentence was found to be applicable immediately, even in the event of an appeal.
“For us, this decision was not a surprise,”
said Mr. Jorge Mendes Constante, lawyer for the UNSA union which became a civil party.
It can be explained by the behavior of Mr. Falco who, during the investigation, tried to withdraw by requesting the intervention of the Minister of the Interior.”
The mayor of Toulon was thus forced to give up his mandate and, more broadly, political life.
Thus, on April 18, 2023, an order from the prefect of Var sees Hubert Falco resigning
“ex officio”
from his mandates
“as municipal councilor of the commune of Toulon and metropolitan councilor of the Toulon-Provence-Mediterranean metropolis”
.
In disaster, the Toulon municipal council meets and elects the candidate designated by Hubert Falco, his first deputy Josée Massi.
On the day of her election, the latter made no secret of wanting to ask
the mayor for
“advice” in her decision-making.
What is at stake in this new appeal trial?
This appeal trial is being held at the initiative of Hubert Falco's counsel, who expects a lot from the hearing which opens this Monday.
“My client requests the application of criminal law,”
indicates Me Thierry Fradet.
The sentence at first instance was disproportionate and extremely violent.
This is the man who is going to appear, a man who is risking his life.”
According to information from Le
Figaro
, Marc Giraud, for his part, will not appear at the hearing for medical reasons.
The hearing is scheduled to last until Tuesday.