It is a new step taken towards a future trial. The investigation opened in Bobigny (Seine-Saint-Denis) in the case of Théo Luhaka, seriously injured during a police check in 2017, is officially closed, the parties' lawyers said on Friday. “We received a notification. (…) The judge considers that she has completed the investigations that she deems appropriate, ”declared Me Antoine Vey, lawyer for the young man, confirming information from the Parisian .
On February 2, 2017, Theo was seriously injured in the anal area by a telescopic baton, during a police check in the city of 3,000 in Aulnay-sous-Bois. Four police officers were indicted, including one for "rape", in this case with national repercussions, which has become emblematic of the debate around police violence.
The case could be tried at the assizes
The investigation completed, Me Vey said he had "three months" to file any requests for an act, recalling that his request for a reconstruction of the facts had already been refused by the investigating magistrate. "We are now awaiting the final indictment from the prosecution and then the order for dismissal from the judge," then explained Me Frédéric Gabet, the lawyer for the police officer indicted for rape. This one pleads an "involuntary" gesture of his client, during a muscular arrest.
The referral order should be issued in early 2021, said the counsel of Théo Luhaka, who hopes that a trial can be held from "the end of 2021". The case could be tried at the assizes, even if the qualification of rape was not retained for lack of evidence proving the intentionality of the gesture.
Battle of expertise
In 2019, a medical expert had concluded that the young man was suffering from a "permanent disability", caused by injuries "in certain and direct relation" to his arrest. His handicap results in incontinence which requires “lifelong” care, according to the expert report.
Another expertise was carried out during the investigation to complete the first and assess the progress of his injury. "The conclusions must be notified" soon, said Mr. Vey, who was not aware of it on Friday.
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