The public prosecutor of Bastia appealed against the motion for nullity pronounced in “the Pelican affair” and the release in the file says fodder aid, two decisions rendered on July 6 by the Bastia Criminal Court.
The prosecution wishes to have a new analysis, in this case that of the Court of Appeal.
Prosecutions had been launched following suspicions of criminal offenses affecting, according to the prosecutor’s office, two measures taken by the Corsican Territorial Authority under the Giacobbi mandate: the settlement of the ship’s charter with the CMN Pelican in November 2014 (1.8 million euros) and the fodder aid scheme put in place between September and November 2015 (in this case 228,000 euros but this sum had not been paid in the end).
Paul Giacobbi, who was then chairman of the executive council, Thierry Gamba-Martini, who was its director general of services, and Francis Pian, who served as director of the Corsican transport office, were cited for embezzlement. public in the first case and for attempt in the second.
“Violation of the right to a fair trial”
The shipping company La Méridionale, as a legal person, was prosecuted for concealment of embezzlement of public funds but only in the “Pelican” file. The trial was held on October 28.
On July 6, concerning the “Pelican” file, the Bastia criminal court upheld the exception of nullity presented by Mr.e Emmanuel Mercinier-Pantalacci, lawyer for Paul Giacobbi, regarding the non-compliance, according to him, with article 77-2 of the Code of Criminal Procedure, and, extending it to all defendants, he concluded that cancellation of their summons to court.
This article stipulates that one year after the accomplishment of the first act in a procedure, the defendant is entitled to obtain a copy of the file after having made the request to the public prosecutor, then to make observations.
However, the defense of Paul Giacobbi points to the fact that his request has remained a dead letter.
For the court, there was therefore “violation of the right to a fair trial and the rights of the defense”.
In the case of fodder aid, the court pronounced the release of all the defendants. It considered that the elements which emerge from the file as from the hearing of October 2020 “are insufficient” to characterize the alleged offenses.
Measures taken by the CTC “outside any legal framework”
These two decisions had been welcomed with satisfaction by the defendants’ lawyers.
Me Mercinier-Pantalacci noted that the court’s judgment “to some extent, repaired the damage that has been done”, arguing that on the one hand, “there was no offense”, and that on the other hand, “the proceedings are vitiated because the rights of the defense have been violated by the prosecutor.”
Me Jean-Sébastien de Casalta, adviser to Thierry Gamba-Martini, underlined that “These two decisions are in line with the procedural argument and the substance that the defense of Thierry Gamba-Martini had developed. Justice has been rendered to my client”.
Me Emmanuel Molina, lawyer for La Méridionale, had specified that “This decision sounds like a reminder to the law. The spirit of ease which characterized these lawsuits collided with the law, which is to be welcomed”.
In the requisitions that he had developed during the October hearing, the prosecution, for its part, considered that the two measures of the CTC at the heart of these cases had been decided. “outside any legal framework”.
The public prosecutor had described as “disguised subsidy” the invoice of 1.8 million euros paid by the OTC for the charter of the Pelican by the CMN in order to mitigate the risk of a strike at the SNCM.
He considered that the aid for the importation of fodder for breeding intended for two agricultural structures fell within the scope of “of a patronage system.”
The prosecutor had requested a one-year suspended prison sentence, a 50,000 euro fine and five years of ineligibility against Paul Giacobbi; eight months suspended and 10,000 euros fine against Thierry Gamba-Martini; six months suspended sentence and 10,000 euros fine against Francis Pian; and a fine of 200,000 euros against La Méridionale.
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