“We are creating a guilty person”, the husband’s defense files a complaint against the investigating judges

2023-11-24 14:29:02

“Inadmissible”, “unworthy”, “downright scandalous”. While Cédric Jubillar was sent back to the Tarn Assize Court on Tuesday to answer for the murder of his wife Delphine, his lawyers did not let up. In their sights: the indictment order (OMA) issued by the two judges who investigated the case. According to Me Alexandre Martin, they write, in the code, on page 48 of the document, that “Cédric Jubillar is the author of the murder of his wife”. And for the defense, this certainty, stated “black and white”, offends, even “tramples”, the sacrosanct principle of the presumption of innocence.

“It’s contempt for a possible future trial jury from which all its independence is taken away,” says her colleague Emmanuelle Franck. “The investigating magistrates are going beyond their role and are already ruling on the guilt of the person who has not yet been judged,” explains Jean-Baptiste Alary, the suspect’s third counsel.

“Judicial mistreatment”

The three lawyers therefore announce that they will not only appeal the OMA on the merits but also that they will request its “pure and simple cancellation”. Secondly, they also intend to file a complaint against the two investigating judges before the Superior magistrate counsel for “violation of ethical rules”. A procedure which will also concern Dominique Alzeari, who was public prosecutor of Toulouse in June 2021, at the time of the indictment of Cédric Jubillar. “This procedure has been flawed from the start, since he presented Mr. Cédric Jubillar before the whole of France as the culprit of the murder of his partner Delpline,” says Alexandre Martin, who denounces a case of “judicial mistreatment.”

Beyond its recriminations against “an incriminating investigation”, the defense also intends to appeal the OMA on the merits. “There’s no body, no crime scene, no confession, no nothing. The ordinance is a patchwork of elements without anything precise,” recalls Emmanuelle Franck.

“procedural gestures”

Delphine Jubillar, a 33-year-old nurse and mother of two children, disappeared from her family home in Cagnac-les-Mines (Tarn) on the night of December 15 to 16, 2020, in full health curfew. In their OMA, which in the ranks of the civil parties, we find rather “well put together”, the judges recall in particular that Delphine Jubillar had initiated divorce proceedings to start a new life with another man, whom she met the previous summer. The trail of this “Montauban lover” and the latter’s wife was studied and then ruled out by investigators. Furthermore, Cédric Jubillar, who was having a hard time with the breakup, had made death threats against Delphine.

Philippe Pressecq, lawyer for Delphine Jubillar’s relatives, sees in the decision of the husband’s defense to appeal “procedural gestures”. “In this case,” he told AFP on Wednesday, “Cédric Jubillar’s ​​defense has a very clear strategy: it wants to bury the investigation under a deluge of useless and dilatory procedural steps, the aim of the maneuver being to delay the trial, hoping that he can appear free.”

The trial was to be held at the earliest at the end of 2024 and more probably during 2025. The new front opened this Friday by the lawyers of suspect No. 1 will certainly cause a shift in the anticipated schedule. Yet another request for the husband’s release was rejected on Tuesday by the Toulouse Court of Appeal. His defense will return to the charge, because “the investigation having been completed”, there is no reason for him to remain incarcerated;