How can a trial be envisaged when the only defendant, whose word is expected and scrutinized from all sides, is the hospital ? At the end of a lunar day of audience, the president of the tribunal correctional of Marseille decided. This Friday, according to the statements of her lawyers, Nadine Oliveira suffered a “heart attack”. The school bus driver involved in the terrible accident on a level crossing that claimed the lives of six schoolchildren in Millas collapsed in full hearing on Thursday. When the fifth day of this extraordinary trial opens, the fifty-year-old is not in the dock. The president of the Marseille criminal court then inquired with her advisers regarding her state of health.
“I think I can say that her heart only beat at 35 and she is now in intensive care,” says her lawyer, Jean Codognès. “So what are we doing today?” asks Céline Ballérini. That’s when a twist occurs. To everyone’s surprise, the defense lawyers demand that the president be challenged and accuse Céline Ballérini of being impartial. The hearing is suspended… for nearly seven hours, while the decision of the president of the court of appeal is taken and transmitted.
Results of the races: the motion for recusal is rejected, and the families of victims deeply angry, following long hours of waiting. “It is the trial of shame, accuses Fabien Bougeonnier, father of a deceased victim and president of the association In memory of our angels. The lawyers plan everything, and we, the victims, are still forgotten. »
“We must go to the end of this trial”
The hearing is regarding to resume… when the defense makes a new request. Although having the power to represent their client in her absence, Nadine Oliveira’s lawyers are asking for a medical expertise and a suspension of the trial, as long as her state of health is unfavourable. “Nadine Oliveira wishes to participate in her trial”, affirms Me Louis Fagniez. After a new suspension of the hearing, the court rejects all the requests, considering that the power granted by the driver this Sunday to her lawyers implies her desire to continue the proceedings without her. It is therefore now a whole new trial that opens, without the only warning of this sprawling file, and in a tension at its peak.
“We are disappointed that she is not there, confides Stéphane Matheu, father of another victim, but the trial must regain momentum. It’s a shame, it would be better for her to be there, but it’s better than nothing. “” We must go to the end of this trial, abounds Sylvain Sede, another father who is a civil party. For everyone, we need to turn the page. “An opinion that does not share the advice of the bus driver. “Nothing can replace his answer, so we have a concern,” said at the end of the hearing Me Codognès, lawyer for Nadine Oliveira. “Yes, it is biased, necessarily”, abounds Me Fagniez. From there to once more request a suspension of hearing? “We will have to think regarding whether it is in accordance with a serene hearing and with European law, blows the lawyer. We will see. Let us digest the news…”