Nothing is now opposed to the resumption of the trial of Nicolas Sarkozy and his lawyer Thierry Herzog, prosecuted for active corruption and active trading in influence.
On Monday, the court ordered a medical expertise to assess the state of health of Gilbert Azibert, the third defendant in this so-called "tapping" case, absent at the opening of the proceedings.
Debated this Thursday afternoon at the resumption of the hearing, this expertise came to confirm that Gilbert Azibert could appear.
The trial said of the wiretapping case will therefore resume on Monday.
His lawyer, Me Dominique Allegrini, had made a request for referral on the basis of two medical certificates of November 3 and 11.
“My client is 74 years old, he has been followed for more than ten years by a cardiologist for problems of heart failure, blood pressure and respiratory problems.
His doctors strongly advised him not to travel, ”said the lawyer at the bar.
However, according to information from BFMTV that we were able to confirm, the state of health of the former magistrate at the Court of Cassation did not prevent him from attending his trial.
"The state of health of Mr. Gilbert Azibert is currently compatible with a response to a judicial summons and his participation in a criminal trial in compliance with current health constraints," indicates the expertise of which we have become aware.
The threat of Covid-19 is evacuated
The medical expert appointed by the court noted that the septuagenarian was indeed being treated for chronic heart failure.
But, after a clinical examination, he considered that his cardio-pulmonary function was "efficient in a stable environment and under appropriate treatment".
He therefore concluded that there was no medical obstacle to his appearance.
Based on this, the expert considers that "there is no compelling health reason preventing Mr. Gilbert Azibert from leaving his residence in order to respond to a judicial summons in strict compliance with barrier gestures in this epidemic period".
In her mission letter, the president of the 32nd chamber had mentioned the possibility of a face-to-face appearance at the judicial court of Paris or by videoconference from the judicial tribunal of Bordeaux, in Gironde, where he resides.
Depending on the expertise, both possibilities are possible.
Invited to formulate "any remarks useful for the manifestation of the truth", the expert finally delivers his recommendations.
The doctor recommends, in addition to continuing his treatment, that Gilbert Azibert be subject to basic medical supervision every half-day.
The threat of Covid-19 is evacuated.
“Concerning an increased risk of infection by the coronavirus, there is currently no proven and acquired medical data indicating such a risk under the guise of strict compliance with the barrier gestures imposed within a judicial body and more generally of 'an establishment open to the public'.
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At the hearing, Me Allegrini had specified that his client intended to appear before his judges, excluding a possible recourse to videoconference.
"He will be there on Monday if the expertise confirms that he is in a position to do so," he said on Thursday to our colleagues from M6.