2024-04-07 05:39:49
After a long hearing that began this Friday, April 5 and ended late at night, judge Hélène Gerhards was indicted and placed in pre-trial detention, announced the Nice prosecutor, Damien Martinelli, in a press release.
Currently stationed at the Agen Court of Appeal, the magistrate is indicted for 11 offenses, committed between 2008 and 2022. Among these, “forgeries in public or authentic writing by a depositary of public authority “, “misappropriation of public funds by a person holding public authority”, “passive and active influence peddling”, “criminal association with a view to preparing a crime or an offense punishable by 10 years”.
A “close proximity” made of “reciprocal services”
After being appointed investigating judge in Marseille in 2008, Hélène Gerhards crossed the Mediterranean and reached Ajaccio. She remained there from 2011 to 2016, a period marked in particular by the assassination attempt on Charles Cervoni, a close friend of Alain Orsoni, and the assassination of the president of the bar, Antoine Sollacaro, in 2012. During her stay in the imperial city, the magistrate had also been the subject of threats and had been placed under police protection.
During the preliminary investigation opened in 2021, the police were particularly interested in his links with Johann Carta, considered by the police as a member of the Corsican criminal gang “Little Bar”. These links mainly concern work carried out in the magistrate’s villa, located in Pietrosella, on the south bank of Ajaccio.
“In regular contact with other people known to the police (…)the magistrate seemed to maintain a close relationship made in particular by reciprocal servicespoints out the Nice prosecutor, Damien Martinelli, who had requested the placement in pre-trial detention of Hélène Gerhards. Among these services provided, the investigation highlighted that the magistrate might, in addition to providing legal advice, search for and communicate information concerning ongoing procedures or data from files.“According to the prosecution, the judge admitted”illicit consultation of data for the benefit of an unfavorably known individual“. She is also suspected, among other things, of having established false expertise and misappropriating 120,000 euros.
“Other solutions were possible”
“To adhere to the thesis of the prosecution and its investigation carried out exclusively once morest the prosecution and from scratch, for several years, we would have to accept the idea of a magistrate with two faces, almost schizophrenic“, denounce Hélène Gerhards’ lawyers, Messrs Cathy Richard and Yann Le Bras, for whom “other procedural solutions were possible, but the path of institutional violence was chosen“.
A rare decision, but not unprecedented
Since 2000, judges have had recourse, on four occasions, to the placement in pre-trial detention of judicial magistrates under investigation, for a body which had around 7,000 members at the time. There are 8,500 today.
2003 : Jean-Louis Voirain, first deputy of the Bobigny public prosecutor’s office, was imprisoned in the corruption case known as Sentier II. He spent eight months in pre-trial detention, before being sentenced on appeal in 2011 to three years in prison, including twenty months, and a fine of 30,000 euros. The former prosecutor had notably admitted to having received “gifts”, including watches, suits, payment of school fees from one of his daughters or even envelopes each containing 5,000 francs (760 euros) and some of which bore the mention “uncle”. In exchange, he “boosted” certain files, “kicked” tickets and provided legal advice.
2008 : Patrick Keil, then deputy prosecutor of Montpellier, spent three months in pre-trial detention, suspected of corruption for having informed, for remuneration, a dentist of the progress of a procedure concerning him. The one nicknamed “the little judge” was known for having caused the Tour de France to falter in 1998, while he was leading the investigation into the Festina case of doping in cycling. An affair which marked the beginning of his descent into hell. Between December 2007 and July 2008, the magistrate received €8,000 from his “friend” for services rendered. He was sentenced in 2012 to a one-year suspended prison sentence.
2011 : A judge from Béthune (Pas-de-Calais), Pierre Pichoff, was imprisoned for three months for corruption, accused of having paid for complacent decisions and, in particular, of having received 3,000 euros once morest his commitment to render a favorable decision for a defendant in a fraud case. He was sentenced on appeal in 2018 to five years of deprivation of his civic and civil rights.
2014 : The Mayotte investigating judge, Hakim Karki, was indicted for rape and imprisoned four days before being placed under judicial supervision. He was sentenced on appeal, this Thursday, April 4, 2024, to ten years’ imprisonment by the Val-de-Marne Assize Court, for the rape of a young woman following an evening in a bar in the archipelago, in 2014.
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