2023-07-28 15:33:32
Friday, the Court of Cassation confirmed the dismissal of the Keeper of the Seals Eric Dupond-Moretti on trial before the Court of Justice of the Republic for “illegal taking of interests”, dismissing most of the appeals brought by the Keeper of the Seals.
While the Minister had lodged eight appeals against the procedure and the October judgment having pronounced his referral to trial, the Court of Cassation largely validated the investigation, mainly canceling only a seizure of documents carried out during the July 2021 search at the ministry. In the wake of this announcement, Minister Spinosi’s lawyer indicated that his client “awaits with confidence” his trial which “will highlight the absence of any conflict of interest in this case”.
The Minister felt that his right to silence had not been notified to him
The cancellation of the documents searched in July 2021 at the ministry does not affect the decision to refer the minister to trial “insofar as this decision refers to other elements which, according to the CJR’s investigative commission [Cour de justice de la République]constitute sufficient charges”, indicated the Court of Cassation in a press release.
The Minister also considered that the order for dismissal should be set aside because his right to remain silent had not been notified to him.
But the Court of Cassation notes that the CJR’s investigating committee “informed the minister of his right to remain silent when he first appeared before it to be questioned”, many months earlier. “This notification is valid for the entire duration of the information procedure conducted by the investigating committee” and therefore did not have to be renewed.
Doubtful administrative investigations in the eyes of justice
Eric Dupond-Moretti, confirmed as Keeper of the Seals during the recent reshuffle, is suspected of having taken advantage of his function as minister to settle scores with magistrates whom he had opposed in his first life as a lawyer.
A first file concerns the administrative investigation ordered by Eric Dupond-Moretti in September 2020, targeting three magistrates of the National Financial Prosecutor’s Office (PNF).
The second case concerns the administrative investigation launched by Eric Dupond-Moretti against a former investigating judge seconded to Monaco, Edouard Levrault, who had indicted one of his clients when he was a lawyer.
Dupond-Moretti retains the confidence of Elisabeth Borne
“We take note of the decision. The Keeper of the Seals is presumed innocent. Judicial proceedings continue independently. He has the full confidence of the Prime Minister, ”wrote, in the afternoon Matignon, in a message to AFP.
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