2023-10-26 06:25:00
The retirement of Namur judge Thomas Henrion at the age of 56 surprised many. And shocked many others. Medical reasons are given and are clearly convincing in the eyes of the competent authorities. The procedure for this early end of career is also coming to an end.
But the page is not turned so easily. Before a long sick leave started last January, the judge had taken around thirty cases under advisement. The defendants have already been heard, the prosecution has requested, the lawyers have pleaded… The magistrate had to deliver his judgment. But these pronouncements will never come.
“It’s a very, very boring situation,” says Christian De Valkeneer. “The relinquishment of an incapacitated judge can be requested but only following six months,” recalls the president of the court of first instance. “In my eyes, this is far too long a delay.”
It is a provision, among others, which also aims to strengthen the independence and solidity of the judge’s position, so that he is not moved as the wind dictates. “We would not ask for a relinquishment for a month of illness following a bad flu”, nuance the boss of the Namur first instance. “But we should be able to act at least following two or three months.”
It is the general public prosecutor’s office which must make the request for relinquishment to the court of cassation. Namur had launched this procedure, following six months, for Judge Henrion’s files.
“These very long delays raise serious questions,” people worry at the Namur courthouse. “In these files we find defendants who are being prosecuted for matters of morals but also for attacks on physical integrity. These people would perhaps have already been sentenced to prison terms. And if now, there is new action before the future judgment and this when they perhaps should have been behind bars…”
With the retirement of Thomas Henrion, the divestment would therefore take place automatically? Not so simple… “The royal decree has been issued but it has not yet been published in the Moniteur. And before this publication, we cannot transfer these files to another magistrate”, we further detail at the Palace of Justice of Namur.
We imagine that it won’t be long but litigants will still have to be patient before knowing the final judgment. The processing of these thirty files will probably be entrusted to the existing judges. A rare commodity when we know that Namur is currently missing eight magistrates to fill the framework.
“We will still ensure that the most serious cases are taken as a priority,” insists Christian Valkeneer. After almost a wasted year, it would indeed be a good idea.
We’ll have to start everything from scratch
Files cryogenically stored for months and even more than a year might also suit the defense… “Not necessarily”, estimates this lawyer from Namur who is defending a defendant in one of the cases not judged by Thomas Henrion. “My client also has the right to be determined regarding his fate. He keeps this sword of Damocles hanging over his head.”
“It’s a fact, those who are most worried will want to know the outcome as quickly as possible,” comments President Jean Sine. “But on the defense side, everyone will also be able to plead that the reasonable time limit has been exceeded (the right to be judged within an acceptable time frame). This also means that the sentences handed down will not be the same as those that might have been applied. without this extension.” They will logically be more lenient.
But for all the injured people who have filed civil claims, this is obviously a very bad scenario. “We will have to insert these numerous cases into an already very congested criminal docket,” fears this experienced criminal lawyer. “Unless we open a correctional chamber just for these files. But will we have the magistrates, the clerks?”
In any case, these thirty files will have to be taken up ab initio. And we will leave as if nothing had been done. “We will have to plead once more, request… All this will take time and energy. But it might also logically result in additional fees.” The defendants and the civil parties will also have to take charge of part of the slate. Difficult to hear.
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