A lawyer for civil parties has made a request to postpone the trial of Joël Le Scouarnec to the Assizes of Charente-Maritime, Sunday, facing the coronavirus pandemic. The ex-surgeon of Jonzac has been on trial since Friday March 13 for rape and sexual assault on four minors and his trial should theoretically continue until March 17. All of the civil party lawyers are supporting this request for referral this Sunday afternoon. The defense is against it, but has indicated that it will not oppose it due to the circumstances. The president of the assize court announces the continuation of the trial at least until the resumption of the hearing, Monday, before ruling on a possible dismissal.
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"Preserve the health of all stakeholders"
In a letter sent this Sunday at midday to the President of the Assize Court and to the Advocate General, Me Marie Grimaud who represents the association Innocence in Danger and two prescribed victims of Joël Le Scouarnec made a request of reference to "preserve the health of all the actors in this trial" in the face of the "Covid-19 pandemic which is developing on our territory".
Counsel explains that she learned the day before that one of her clients was diagnosed with Covid-19, "forcing me to make arrangements for the confinement of members of my cabinet and myself who were in contact with this client sometime last week. " She claims to have also been informed by her two clients at the trial of Joël Le Scouarnec "that someone close to their entourage has just been diagnosed positive for Covid-19 and that they themselves will respect containment measures due from their recent contact with this person. " This prevents them from coming to testify as planned, this Monday, March 16.
"Impossible to know if one of us is a carrier"
Me Grimaud adds: "It is impossible to know if one of us is currently carrying this virus given the incubation period". All of the lawyers for civil parties joined in this request for a referral. "The continuation of the trial does not seem to me to be a 'vital task' within the meaning of government prescriptions," says counsel for the association La Voix de l'Enfant.
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It is up to the Assize Court to decide whether or not to continue the proceedings. As of Friday, the court had taken into account the coronavirus crisis by appointing three assessors instead of two usually, in the event of forced defection due to confinement. Since then, there have been no government orders prohibiting the holding of meetings. The circular issued Saturday by the directorate of criminal affairs and pardons, advises to postpone the hearing "in the event of illness of the counsel for the accused, in order to respect the rights of the defense". Not a word on the civil parties.
"The public health order will have its place in the reflection"
In a letter of response, the president of the assize court maintains in state, this Sunday, the holding of the trial and affirms that the "decision of dismissal or not will be taken in public hearing Monday March 16 after presentation of the opinions of Everyone will have to take into account the general interest and, she adds, public health will have its place in the reflection. " The magistrate explains that she "does not plan to comply with anything in public opinion, if the dismissal is not ordered it will not be to avoid Joël Le Scouarnec from confronting his accusers, "If he is ordered, it will not be to protect him" again "from a confrontation with his accusers or his judges."