Bernard Tapie's appeal in the controversial 2008 arbitration case continued on Tuesday in the absence of the businessman and his lawyers, who had requested a medical referral.

The defense of Bernard Tapie, who suffers from cancer, has filed a request for a postponement of the trial linked to a worsening of his state of health, preventing him from being present.

The boss of the media group

La Provence

refuses to be represented by his lawyers, wishing to express himself in this case which is the "fight of a lifetime", pleaded Hervé Temime.

Bernard Tapie, present on several occasions since the resumption of the hearings on May 10, "tried to go as far as possible in the trial", continued Me Temime.

The treatments he will follow "are likely to allow him to participate in a new trial at a relatively close date," he added, asking that an expert report be ordered.

A request joined by the lawyers of Maurice Lantourne, former counsel to Bernard Tapie and also warned.

"The rights of defense of Me Lantourne would be seriously affected if the hearing were to continue without the presence of Mr. Tapie", estimated Me Paul-Albert Iweins.

No referral possible before April 2022

Welcoming, like all parties, the "courage" of the businessman "in the face of the disease", the public prosecutor recognized a "very difficult situation" but requested the continuation of the debates, indicating that no dismissal would be possible before April 2022. After a suspension, the Court of Appeal rejected these requests, "on the grounds that this dismissal would be contrary to the respect of the reasonable time to which the defendants are entitled". The president notably justified her decision by stressing that Berrnard Tapie had been heard during the investigation and during the trial.

"Very good, perfect, well bye," said Me Temime before leaving the room with her colleague Julia Minkowski. The lawyers have lodged an appeal against this decision, "contrary to the case law of the criminal chamber (of the Court of Cassation, Editor's note) and of the European Court of Human Rights," said Me Temime Tuesday evening. The trial had already been postponed in October after a request from Bernard Tapie linked to a deterioration in his state of health.

The former president of Olympique de Marseille and his five co-defendants, including Orange boss Stéphane Richard, were released in July 2019, before the prosecution appealed.

In this case, Bernard Tapie is suspected of having, with accomplices, "rigged" a private arbitration made in 2008 and supposed to put an end to his dispute with Credit Lyonnais.

This arbitration had concluded with a "fault" of the former public bank and granted to the entrepreneur 403 million euros.

The sentence has since been annulled in civil proceedings for "fraud", Bernard Tapie being definitively ordered to reimburse the sums collected.

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