2023-11-29 13:45:00
Impeccable service record, an exemplary career, a very good station manager. And yet this customs brigade chief had to explain himself this Wednesday before the Namur criminal court, with 3 of his colleagues. By his own admission, it was his only misstep in his 43-year career.
The acts were committed on February 10, 2021 in Couvin. While the brigade leader and 2 colleagues had just learned of their transfers to La Louvière and Charleroi, the brigade leader wrote 6 false MBMs (mobile brigade control sheets), out of the 13 checks carried out that day by him and 3 co-defendants. These documents do not constitute minutes, but are used internally in the context of establishing statistics. They describe the type of intervention and how it took place.
The author of the forgery, who has since retired, explains: “We were at work that day and I noted checks of vehicles which were not checked. I was physically and psychologically ill because 2 of my colleagues and I had been transferred. 4 days earlier, we noted that counterparts were not complying with a memo relating to Covid. I am the only one responsible for these forgeries, my colleagues were not present when I committed them, alone in my office. I was unmotivated at the time and chose the wrong solution.”
Formed as a civil party, the FPS Finances, which launched the proceedings, claims one euro definitively for the offenses committed, and moral damage of 5,000 euros for the damage to the image of the administration agents caused by these facts . 309 euros, namely the defendant’s pay that day, are also claimed. Among the 6 false documents drawn up was the license plate of a vehicle which had not been driven for a year and had therefore not been checked. Or that of a car that had been checked an hour earlier.
The Namur public prosecutor’s office considers the fraudulent intent established with regard to the brigade leader, while mentioning his impeccable service record. Stressing that the fear of a disciplinary measure might be at the origin of the commission of the forgery, the substitute Debelle requests the simple suspension of the pronouncement of the conviction for this accused and the acquittal for his colleagues.
From the pleadings of the lawyers of the various defendants, who showed an internal document without filing it, it appears that real pressure exists within the customs administration regarding the figures to be achieved in terms of controls and revenue. “We had to make figures, it was a question of life and death, a disciplinary file might be opened if certain amounts were not reached”. Which would have led to the commission of forgeries. Me Druart, counsel for the main defendant, pleads in this context for acquittal on the basis of irresistible duress. Acquittal is also sought for the other defendants.
Judgment on January 17.
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