Is there two-tiered justice?
One for the gold-selling rap stars, cyberstalkers, another for the average cyberstalker?
This is in any case what the defense of Magali Berdah, the agent of reality TV stars, alleged victim of cyberharassment from the rapper Booba, thinks.
While prison was requested on Monday against several defendants accused of harassment against Magali Berdah, the rapper Booba, before the investigating judge who had summoned him, only received a reminder of the judicial review which has been imposed on him since October, as part of his indictment for “harassment”.
The reason for this summons of Booba to the judge?
A violation by the rapper of his judicial control through several online publications deemed fraudulent by Magali Berdah's defense.
A judicial review dating from the beginning of October, when Élie Yaffa, his real name, was indicted for “harassment”.
In the security measures, he is notably prohibited “from meeting and entering into contact in any way whatsoever with Magali Berdah, this ban includes that of any publication likely to generate a notification on the online services of the complainant.
(…) This contact means a direct interaction and not a simple mention.
»
In short: the famous rapper is prohibited from speaking directly to Magali Berdah on social networks like X, where he is hyperactive.
A measure which leaves him room for maneuver, which Berdah's defense deplores: he can in fact publish messages about the case opposing him to the agent, as long as he does not clearly "tag" her .
“I can’t really deny it”
This measure therefore allows the rapper to continue to express himself on the issue which has pitted him, for over a year now, against those he calls “influvoleurs”, multiplying the mocking and accusatory publications against reality TV stars. , as well as Magali Berdah, founder of the Shauna Events agency and number 1 target of her attacks.
But, despite this ban on entering into direct contact with the entrepreneur, Booba continued to publish fraudulent messages, according to lawyers Antonin Gravelin-Rodriguez and Rachel-Flore Pardo, Magali Berdah's advisors.
Faced with Booba, the judge noted in particular two publications on Twitter (henceforth X), directly tagging Magali Berdah, and addressing her informally.
“I stopped talking about her and now she’s the one harassing me?
!
@MagaliBerdah you stop talking about me immediately!!!
Thank you,” Booba said for example on X on October 28, highlighting a video extract from the agent's YouTube channel, which denounced the rapper's actions.
Without “no doubt”, these messages “constitute a violation” of the rapper’s judicial control, underlined the magistrate.
“I can’t really deny it either way,” the rapper replied.
“You mention the YouTube series that Magali Berdah supported, I didn’t understand, I said to myself… I recognize it anyway,” he added.
Booba remains free
The “Duke of Boulogne” admitted to having gotten carried away “at the very beginning” of his judicial review.
“I got a little lost,” he explained, saying he was burned by the publication of videos by his digital enemy.
She has “a YouTube series where she only talks about me, at first I reacted, then I stopped”.
Since then, the rapper says he has pulled himself together.
“I said to myself ok, I must not communicate.
»
Other publications noted by the investigating judge came from unidentified accounts on Instagram.
“Free electrons”, comments Booba, who denies being behind these profiles.
Read alsoMagali Berdah: in conflict with Maeva Ghennam, she files a complaint for “death threats” and “provocation of racial hatred”
Following this interrogation, and despite placement in pre-trial detention required by the prosecution, the investigating judge considered that it was not necessary to strengthen the conditions of the rapper's judicial control, or to place him in detention .
A decision strongly contested by Magali Berdah's lawyers, who have denounced, for several months, continuous harassment on the part of the rapper towards the agent.
“Our client is surprised that at a time when strict prison sentences are required for cyberstalkers, Mr. Yaffa, already heavily convicted and in a state of repeat offenses, is escaping pre-trial detention even though he has clearly violated its judicial control”, note Me David-Olivier Kaminski, Me Antonin Gravelin-Rodriguez and Rachel-Flore Pardo, Magali Berdah’s lawyers.
This decision in favor of the rapper comes as seven people have just been heard in the third part of the trial for cyberharassment against Magali Berdah.
In total, 28 Internet users appeared for having written malicious messages against the agent.