at this stage of the trial Christine Lagarde, the general prosecutor, Jean-Claude Marin, has revealed Thursday, December 15, the best lawyer of the former minister of Economics tried for “negligence” before the Court of justice of the Republic.
He barely had time to close its requisitions, concluding that the absence of sufficient charges to enter into the way of conviction, that the accused, put to the test so far, has enjoyed a few sweets : chocolates “Treets”. In a sign of relief.
The meeting adjourned, she immediately did enjoy his lawyers, asked to plead on Friday.
Charge “of enchantment”
But this is only on Monday that the Court, the sovereign, will tell if it ranks up to the position of the public prosecutor or condemns the director-general of the international monetary Fund, punishable by a year imprisonment and 15,000 euros fine.
“Nothing that weighs to load or discharge against Christine Lagarde has been left in the dark,” said the attorney general Jean-Claude Marin, taking the view that “these discussions did not bring any specific element to edit the requisitions of the parquet. Which had asked, with constancy, that the former minister is not returned before the Court, composed of three senior judges of the court of cassation and of the twelve parliamentarians – six deputies and six senators.
But at the end of four years and four months of investigation, the commission of instruction has judged otherwise. Also, the attorney general has been pleased to point out that “the hearings have not confirmed a charge as well low or mesmerising”.
“You have to judge a case without precedent”, has launched, with a political art consumed, Jean-Claude Marin to the address of the judges from parliament. Namely the “responsibility of a minister” for a political decision-making may be “unhappy,” but cannot be assessed criminally, according to him.
Christine Lagarde has been able to commit “errors of judgement”, a “political mistake”, but “never in itself only an offence” (according to the prosecutor).
either by deciding of the arbitration rendered the July 7, 2008, in favour of Bernard Tapie in the dispute between Credit Lyonnais in the sale of sports group Adidas or in the refusal not to seek the annulment of the award, which has been reported to 403 million euros for spouses Tapie. 45 million non-taxable in respect of the moral prejudice.
“the anachronism of justice”
Jean-Claude Martin has also warned the judges against “the anachronistic judicial is to judge a case in the light of what you know today”. Cancelled February 17, 2015 by the court of appeal of Paris, this arbitration has been regarded as vitiated by a fraud of which the beneficiary alleged Bernard Tapie, the organizer, his lawyer Maurice Lantourne and the accomplice the referee, Pierre Estoup, has emphasized the attorney general. This “non-departmental” in this case of drawers, and full of twists and turns is the subject of a hearing before the ordinary justice system for “organised fraud and misuse of public funds.
“According to the response that you make to it, the Court could see sizeable gains in their activity”, he added, what alarmed the parliamentarians to be called upon one day to any ministerial functions, and, who knows, they may find themselves in the place of Christine Lagarde.
In summary, the former minister would be “responsible but not guilty” according to the formula used in the past by the former minister of social affairs Georgina Dufoix, relaxed in march 1999 by the Court of justice of the Republic in the case of the contaminated Blood.
François Pérol, and Claude Guéant, to the bar
The requisitions have been a balm for Christine Lagarde who, as a watermark, was not spared by the two witnesses stars of the day, François Pérol, and Claude Guéant, respectively secretary general and deputy secretary general of Nicolas Sarkozy to the Elysee, at the time of the implementation of the arbitration controversial.
defending Himself from any legal jurisdiction, François Pérol has agreed that he had expressed a favourable opinion in favour of arbitration. At the Elysee, he received Bernard Tapie. “Two or three times,” he said.
president Martine Ract Madoux, who does not, indicates that the records of the Elysée say “six to seven times”.
“They are a relative reliability”, minimizes François Pérol, whose ears s’empourprent.
And this pivotal meeting of July 30, 2007 in the office of Claude Gueant, during which the choice of arbitration is experiencing a boost ? François Pérol has not the slightest remembrance. A sign of amnesia a concern for the one who presents himself at the bar as a “leader of society” and that the president obliges us to specify that he is the chairman of the management board of the second largest banking group in France, BPCE.
at that meeting, Bernard Tapie has outlined his arguments in an arbitration. Were present, in addition to François Pérol, and Claude Guéant, Stéphane Richard, the director of the cabinet of Christine Lagarde, Jean-Francois Rocchi, the president of the Consortium of Realization (CDR) the structure of defeasance assets Credit Lyonnais and Patrick Ouart, the councillor for Justice Nicolas Sarkozy.
“The Elysee has not given instruction in a case like this, argues François Pérol. One of the ideas above. The competent authority, it is the one that takes the decision.”
in other words, Christine Lagarde, then concentrated, hands clasped. The banker will, however, not to greet them before returning the output.
Claude Guéant, does little more brave in the face of a president not of the kind to be daunted by the man who was the first cop of France. In the minutes, Bernard Tapie, who was often in contact with him to the various positions that he has held, describes it as the “transmission belt”.
True or false ? The president wants to know.
“If he wants to say that I sent her referrals to the competent ministry, this is not fake,” says Claude Guéant, now retired from the public service, and today as a business lawyer. And add it as one throws a stone in the garden of the neighbour, Christine Lagarde : “The Elysée is not a substitute to the ministry”.
Fortunately, Jean-Claude Marin was there.