The defense pleaded on Wednesday for the total acquittal of Jérôme Valcke and Nasser Al-Khelaïfi during the appeal trial on FIFA TV rights. The Public Ministry had requested sentences of 35 and 28 months, respectively, in its indictment.
Lawyer for the former secretary general of the International Federation of Football Association (FIFA), Me Patrick Hunziker considered that the burden of the Public Ministry of the Confederation (MPC) ‘was disproportionate’. And that the prosecution ‘was trampling on the indictment by inventing corrupt pacts and basing itself on legal innovations.’ Accordingly, the defender asked the Court of Appeal to completely clear his client.
For his part, Me Grégoire Mangeat spoke of a ‘desire for a trophy’. ‘In its hunt, the prosecution tried to smear Nasser Al-Khelaïfi by instilling the poison of suspicion’, with new documents released during the appeal. This without taking into account the confidence granted by all sports authorities to the president of Paris-St-Germain and boss of BeIN Media.
‘No business Villa Bianca’
According to Me Mangeat, the strict conditions of private corruption, laid down at the time by the law on unfair competition, are not met in this case. Thus, the awarding of TV rights to BeIN did not lead to a disruption of the market, insofar as it then existed and the group was the only credible player on the Middle Eastern market.
Taking over, Me Marguerat underlined that Nasser Al-Khelaïfi completely disputes the accusation of instigation to unfair management. ‘Jérôme Valcke did not grant favors to BeIN which, given its position, had no interest in asking it for any intervention whatsoever.’ The acquisition of Villa Bianca was motivated by purely economic considerations. ‘There was something for every side – there was never a Villa Bianca affair.’
Everything is false
Tying the sheaf, Me Marc Bonnant spoke of a case that forever discredited an Attorney General of the Confederation. ‘What intelligence to assess the rent of a vulgar shack for a few months’. Here, the corrupter is false, the corrupted is false, launched the lawyer. ‘I bribe to suffer harm, admirable logic of the Public Ministry!’
During the morning, his colleague, Me Hunziker, engaged in a detailed review of case law. Unlike the Public Prosecutor’s Office, he came to the conclusion that at the material time, between 2013 and 2015, the receipt of benefits was not prohibited and that there was no obligation to return either.
The lawyer considered that Jérôme Valcke had played no role in the conclusion of the FIFA TV rights contracts. These agreements did not fall within its competence and were signed by the TV division of the federation. In the market situation at the time, the conditions obtained were the best possible.
beyond his means
Me Elisa Bianchetti, too, mentioned the loan from Villa Bianca to Jérôme Valcke. This operation had nothing to do with any intervention in the allocation of TV rights in favor of BeIN Media. ‘Jérôme Valcke and Nasser Al-Khelaïfi had known each other since 2011. They had very close friendships.’ The prosecution ignored these relationships to construct the theory of a corrupt pact.
The lawyer pointed out that her client has never hidden his financial difficulties or that he was living beyond his means. When he agreed to acquire a new yacht and the Sardinian villa, ‘it was only natural that he turned to Al-Khelaïfi.’
Jérôme Valcke is accused of aggravated unfair management, passive corruption and forgery in the titles. Only this last grievance was upheld by the Court of Criminal Affairs in the fall of 2020. Nasser Al-Khelaïfi responds with instigation to aggravated unfair management. He was acquitted at trial.
The hearing continues with the argument of Me Alec Reymond, defender of the third defendant.
/ ATS