It remains included in the file.
The investigating chamber of the Grenoble Court of Appeal (Isère) rejected on Tuesday a request for the nullity of a psychiatric expertise by Nordahl Lelandais.
It was entered in December in the dossier of the murder of Maëlys.
This decision comes less than a week before the start of the trial of Nordahl Lelandais in the case of the murder of soldier Arthur Noyer in April 2017, which will be held from May 3 to 12 before the Assize Court of Savoy.
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Alain Jakubowicz, the 38-year-old accused's lawyer, challenged the impartiality of an expert seized to carry out the last psychiatric expertise carried out at his request in the Maëlys case. According to him, the psychiatrist in question, Paul Bensussan, should have declared himself incompetent to intervene because of his participation, on March 30, 2018, on France 5, in the program "C dans l'air" devoted to his client after the latter confessed to the "fatal blows" dealt to Arthur Noyer.
In its judgment, the investigating chamber considered that the expert "did not go beyond his mission and was content to give psychiatric explanations on the alleged acts", details a source close to the case.
“In any event, the defense did not request a second opinion.
The report can always be submitted to the adversarial debate during the hearing at the assizes.
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A "sexual impulse control disorder"
Paid in December in the Maëlys file, the report is interested in the pedophile inclinations of Nordahl Lelandais and advances in particular that he was not affected, at the time of the murder of the girl, of a "psychic disorder having abolished or even altered his discernment or control of his actions ”. The two experts seized also affirm that the former handler presents a "dangerous state in the psychiatric sense" and that his "antisocial personality", subjected to "addictions" and a "disorder of the control of the sexual impulses", is characterized by a “propensity to act aggressively”. Contacted Monday, Me Jakubowicz indicated in advance that he did not want to react. The parties have five days to be able to appeal.
A possible cassation appeal by Nordahl Lelandais would “de facto suspend” the issuance of a possible indictment order by the two investigating judges.
It is indeed not conceivable "that it could contain elements which could be the subject of a cassation", indicates a source close to the file.
In a press release, the lawyer for Maëlys' parents, Me Fabien Rajon, notes that it is "not insignificant to notice that Lelandais requested the cancellation of this expertise, which he had nevertheless demanded with great authority. a few months ago ”.
"I did not see why such a report had to be canceled, on the lunar to say the least, of an interview granted by one of the two experts, three years before, and besides with a lot of caution in its expression", a- he clarified.
On March 19, the Grenoble prosecutor's office requested the dismissal of the thirty-something before the Assizes of Isère for the kidnapping, kidnapping and murder of Maëlys, in August 2017, during a wedding in the village hall of Pont -de-Beauvoisin. The public prosecutor also requested the referral of the Savoyard to the Isère jurisdiction for sexual assault on two young cousins and the recording of child pornography images. According to a judicial source, the trial of the alleged murderer of Maëlys could take place "during the first quarter of 2022".