It is a double procedural error that angered the victims of the fire in the seasonal building in Courchevel (2 dead and 25 injured on January 20, 2019).
The main suspect in this case, in pre-trial detention since March 30, 2019, had to be released following these two huge blunders of justice.
On March 19, a judge of freedoms and detention (JLD) of the court of Chambéry (Savoie) must rule on the extension of the pre-trial detention of the alleged arsonist, Hicham A., 24, indicted for " destruction by fire resulting in death ”.
Even if he denies the facts, the man, a drug dealer, is suspected of having started a fire in the building housing the seasonal workers.
According to the prosecution, he could have sought revenge on an ex-girlfriend residing in the building, but also settle accounts with another dealer present in the building that night.
On March 19, for the JLD to be able to extend his imprisonment as requested by the examining magistrate, Hicham A.'s lawyer must be present.
But justice then makes a first mistake.
She summons a lawyer, Me Vey, who defended the alleged arsonist during the proceedings, but not her main lawyer who, since October 8, 2020, is officially Me Anthony Truchy, of the Dijon bar.
(Golden Coast).
It must be said that Hicham A. had several defenders during the investigation.
And in particular a certain Eric Dupond-Moretti who, by becoming Keeper of the Seals, of course had to abandon the case.
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After its first blunder on March 19, justice is trying to make up for its error by quickly setting a new hearing.
The date of March 26 is retained.
And this is where the second error occurs.
The suspect's lawyer must be summoned at least five days before the examination of his client's file.
However, Me Anthony Truchy will not be contacted until the day before the adversarial debate.
As a result, on March 26, he was not present before the judge of freedoms and detention.
The magistrate nevertheless pronounced the extension of the arrest warrant of Hicham A.
On March 29, his lawyer then seized the magistrates of the investigating chamber of the Court of Appeal of Chambéry, who were obliged to note the double procedural error.
And immediately draw the consequences by pronouncing "the annulment of the extension of the pre-trial detention of Hicham A.", and by ordering "his release under judicial supervision".
For Me Truchy, lawyer for the suspect, “the law is stubborn.
And when the law is not applied, the sanction is immediate and normal ”.
Passport confiscated, but ...
The prosecutor of Chambéry, Pierre-Yves Michaud, himself recognizes that this release is logical: “This dysfunction violated the fundamental rights of the accused.
The judicial control of Hicham A. obliges him not to leave the department of Hérault where he resides, to go twice a week to the gendarmerie.
His passport was also confiscated.
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For Me Sylvain Cormier, lawyer for several civil parties, “these errors of justice were largely avoidable.
What happened is truly inexplicable and heartbreaking ”.
André Corci, whose daughter Ambre was seriously injured on the night of the fire when she jumped from the 3rd floor, does not hide his anger: “It's a shame.
It is scandalous to find oneself confronted with such blunders of justice, in the file of a fire where there were nevertheless two deaths and 25 wounded.
The suspect, who already has a heavy judicial past, is now in the wild and it is feared that he will flee and never be present during his trial.
This is unacceptable.
Even if this man no longer has a passport, it is easy for him to reach Spain, then Morocco, as the borders are sieves.
"
André Casella, a seasonal worker who miraculously escaped the fire, but who remains traumatized, is equally upset: “What is happening today is terrible for the victims.
We may never see this man who is accused of being at the origin of this tragedy.
It is unbearable.
One cannot understand such gross errors of justice.
This is unacceptable ".
Laurent Vanlerberghe, he lost his brother Olivier in the disaster: “We are stunned by this release.
My brother's life does not seem to weigh very heavily.
We have the impression of being abandoned by the courts.
But we will not give up.
We will go to the end ”.
