It’s already been a good hour since the three judges of the Paris Court of Appeal, the two representatives of the prosecution, and the defense lawyers confronted their exegesis of a passage from the tapping of the Bismuth line, this hidden line thanks to which the lawyer Thierry Herzog thought he could speak discreetly with his client Nicolas Sarkozy. This Wednesday, December 7, it is about the moment when Thierry Herzog announces to Nicolas Sarkozy that their « which is Gilbert [Azibert] » “has had access to the opinion which will never be published by the rapporteur” of the criminal chamber of the Court of Cassation, which must soon decide on the fate of the diaries of the former President of the Republic, seized within the framework of the Bettencourt affair. “You know that there is work! », comments the lawyer, proud and happy to bring good news to his client.
Cet « avis », dont Gilbert Azibert would have learned, thanks to his interpersonal skills with his peers at the Court, is one of the elements of the “corruption pact” alleged against the three defendants. The prosecution clings to it, the defense wants to dismiss it, and between the two, the court wonders. So we fight. This « avis » is he a « avis » ? Wouldn’t it rather be a « rapport », which one is not covered by the secret? We repeat each of the sentences of the intercepted conversations. The defense claims to find there proof that it is only a question of the « rapport ». The prosecution opposes this « l’ » a little further, which would establish on the contrary that it is indeed the famous “opinion”.
As for Nicolas Sarkozy, whose wiretaps show that he clearly understands nothing of the mysteries of criminal procedure, is he aware of having access to secret information? Does this exclamation point translate his jubilation? This comma, his hesitation? Should we see in this “Hmm, good”indifference, incomprehension or the satisfied expression of a victory?
“I don’t need a tutor”
At the helm, the former president listens in silence to the interpretations offered by the flock of black robes surrounding him. Only the jerky movements of his shoulder reflect his impatience. Suddenly, he can’t take it anymore, approaches the microphone.
“My lawyers, thank them, think I meant this. Madam and Sir prosecutors think that I expressed that. Good. I don’t need a tutor. Allow me to explain myself. This shows the impossibility for a court to decide on an offense based on telephone conversations. They are only additional evidence. Not evidence. There is no material element. Nothing that can incriminate me. Me, I try to help the court, because it’s my interest. Here, I have the impression of being heard, I do not say, listened to. »
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