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“You are incompetent, and helpless…and too stupid to fix a problem you caused.” There is no question for Claude Olive of letting such remarks pass which he considers to be an attack on his honor and dignity. This is why the mayor of Anglet (SE) appeared, as a victim and civil party, before the criminal chamber of the Bayonne judicial court this Tuesday, November 19. A collegiate tribunal which judged and convicted the defendant from Toulouse. The 59-year-old man had already been “called to the law” in 2018 for acts of a similar nature. He was sentenced to five months in prison as requested by the Bayonne prosecutor’s office.. The 50-year-old was also ordered to pay a symbolic 1 euro in damages as well as legal fees amounting to 600 euros.
“State of necessity”
Presided over by judge Mélanie Mistral, the court judged the official in question, Alain Krausz, who used the “Messenger” messaging service to send the mayor, on July 29, a harsh text in order to denounce his living conditions, in particular heating, in an apartment in the “Le Sextant” residence where he lives with his partner. Full beard and dark jacket, the man, who calls himself a journalist without a press card and “descending”believes that Claude Olive is responsible for the uncomfortable situation in which he finds himself and which has lasted for five years. He attacks Claude Olive as president of the social landlord OFFICE64 of Housing. However, he says he has acted “in distress”due to the recent death of his mother. “I wanted to cause an electric shock, but I recognize inappropriate comments” specifies Alain Krausz who pleads “the state of necessity”.
“Excess and not outrage”
The sixty-year-old’s lawyer insisted on freedom of expression for her client that “Claude Olive considers himself a political opponent”. Me Anne-Marie Mendiboure denounces “the unbearable reality of the apartments in the residence where it is 46 degrees!”. A context which explains the incriminated proposals according to the defense. Words that relate to “excess and not outrage” concludes the lawyer of a man whose monthly income does not exceed 800 euros. What does relaxation require?
One euro in damages
After having evacuated the initial proceedings for defamation due to limitation of the facts (deadline of three months exceeded), the court focused on the other proceedings, those for “insulting a person holding public authority”Called to testify at the bar, Claude Olive insisted: “we can have problems, but that does not give us the right to wipe our feet on the elected representatives of the Republic”. The mayor of Anglet had very little appreciation for the messages received last summer. “Everything is not permitted, we are not doormats” deplores the elected official. His defender, Mr. Philippe Gensse, insists: “The defendant has exceeded the limits, we are not in freedom of expression, but in outrageous comments.” One euro in damages is requested, while the prosecution requested a five-month suspended prison sentence. It is about “about a particular violence” estimates the Prosecutor of the Republic Jean-Claude Belot. Alain Krausz’s defense “wonders” on a possible call.
1. Can you tell us about the context in which the incident between the mayor of Anglet and the defendant occurred? How did their professional roles play a part in this incident?
2. What were the specific messages exchanged between the two parties that led to the legal proceedings? How did the defendant justify his actions, and what was the mayor’s reaction to these messages?
3. The defense argued for freedom of expression, while the prosecution emphasized the excessive nature of the comments—what do you think is the appropriate balance between these two principles in this situation?
4. How does the concept of “state of necessity” relate to the defendant’s actions? Does this defense hold any weight in your opinion?
5. What factors do you think contributed to the lengthy legal process of this case? Do you think the outcome is appropriate considering the severity of the comments made?
6. In your opinion, how does social media affect public discourse and the potential for conflicts like this to arise? Are there any measures that could be taken to prevent similar incidents in the future?
