When he was elected President of the Republic in 2007, Nicolas Sarkozy wanted to know everything about the turmoil in public opinion. Under his leadership, the Élysée signed costly agreements with two specialized companies run by relatives: the very right-hander Patrick Buisson first, his former eminence grise with whom he is now in the cold, and the pollster Pierre Giacometti who had accompanied during his campaign. However, in the eyes of the examining magistrate Serge Tournaire and the national financial prosecutor's office (PNF), this frenzy of advice would not have been satisfied in the rules of the art.
The so-called Elysee polls case arrives at the Paris court on Monday.
Several former collaborators of Nicolas Sarkozy - his former secretary general Claude Guéant and his former chief of staff Emmanuelle Mignon in particular - but also Patrick Buisson and Pierre Giacometti will appear before the criminal court until November 12.
The former head of state, recently convicted in the Bismuth and Bygmalion cases, has never been prosecuted in this case because of his presidential immunity.
The case concerns suspicions of favoritism and concealment and embezzlement of public funds.
In total, five natural persons and four legal persons are dismissed.
All the defendants claim their innocence.
An Anticor complaint at the origin of the case
It is to the stubbornness of the Anticor association, which lodged a complaint in 2010, that we owe the holding of this trial.
An investigation had been opened despite the initial opposition of the Paris prosecutor's office.
The favoritism aspect of the file is based on the absence of calls for tenders prior to obtaining these contracts.
But, whether it is Patrick Buisson, Pierre Giacometti or the company Ipsos, also referred to the court, the defendants assure that the Elysee was historically used to free itself from the rules of the market code. public.
And even if the code should have applied, they add, the personalization of contracts deserved an exception to competition.
"My client is accused of having committed an offense that did not exist", summarizes Me Florence Rault, lawyer for Patrick Buisson.
Claude Guéant tried for favoritism
However, for the examining magistrate, the accused - senior officials, presidential advisers - should have known that the rules of public order applied.
Claude Guéant, presented as "omnipresent" in the decision-making process, will be judged for favoritism.
Emmanuelle Mignon will be judged for complicity.
His defense recalls that the former chief of staff was the first to put order in the procurement of the Elysee after an alert from the Court of Auditors in 2009.
PODCAST.
Bygmalion, UMP and false invoices: we summarize the other case which pursues Nicolas Sarkozy
The main character of the story remains Patrick Buisson, whose PubliFact company signed a contract with the Élysée on June 1, 2007 with two key missions: a watch on the evolution of public opinion invoiced for 10,000 euros ( excluding taxes) per month and the execution of surveys on the other hand.
This initial contract and the subsequent amendments allowed him to pocket 2.7 million euros during the five-year term.
However, the investigations revealed that the former boss of the History channel was content to resell to the Presidency of the Republic polls ordered by press companies, applying in passing an average margin of… 65.75%.
Patrick Buisson suspected of embezzling 1.4 million euros
To the prosecutions for "concealment of favoritism", there are therefore added suspicions of "embezzlement of public funds".
Between June 2007 and September 2009, Patrick Buisson - the man who secretly recorded his conversations with Nicolas Sarkozy using a dictaphone - is suspected of having embezzled 1.4 million euros.
During the investigation, he explained that his interpersonal skills had on the contrary enabled the Élysée to save money.
"This argument is not supported by anything, and it was denied by the main suppliers of Patrick Buisson", lashes the investigating judge in his order.
Patrick Buisson, central figure in this affair, is being prosecuted for "concealment of favoritism", to which are added suspicions of "embezzlement of public funds".
LP / Olivier Lejeune
Pierre Giacometti's involvement appears less.
The former boss of Ipsos, who created his own company, signed a contract with the Elysée on March 16, 2008 entitled "intervention of advice - communication strategy for the Presidency of the Republic".
The result: a flat-rate remuneration of 55,000 euros (excluding taxes) per month which enabled him to achieve an overall turnover of 2.1 million euros.
“My client is only prosecuted for the concealment of favoritism,” recalls his lawyer, Me Patrick Maisonneuve.
We were able to prove the reality of the services he provided at a totally justified price.
When the Court of Auditors delivered its first report, he was worried about it, but he was reassured by his interlocutors at the Élysée.
His good faith is total.
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The former President "does not intend to comply with this summons"
During the investigation, Anticor had unsuccessfully tried to make Nicolas Sarkozy hear.
The association's lawyer, Me Jérôme Karsenti, did not disarm and had him called as a witness in court.
"The real person responsible for this whole affair is him and he will not be tried because of his immunity."
It is a judicial incongruity, argues the lawyer.
Having him summoned as a witness is the only possibility to hear his explanations on the undue advantages which he has given to his relatives.
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According to our information, the former President informed the court, in a letter dated October 13, that he "had no intention of complying with this summons" requested by a "civil party".
In this letter, sent in copy to all the parties, he recalls in particular that his hearing as a witness during the investigation of this case, already desired by Anticor, had been deemed impossible "because of the absolute nature of the immunity defined by the article 67 of the Constitution.
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