This is the epilogue of a dossier on suspicions d’escroquerie who grows “a sigh of relief” at the defense.
After those of the mayor of ProprianoPaul-Marie Bartoli, one of his assistants and a notary, the last Relax dated was pronounced this Wednesday afternoon for the benefit of promoter Jean-Jacques Taberner by the Bastia Court of Appeal.
This file revolves around the sale for an amount of 144,000 euros by the town hall of Propriano of a communal land of 530 m2 and the house therein, to a private couple. However, he later sold it to this property dealer, who will erect a building with thirteen apartments, one of which is included in the amount of the sale.
The investigation services, alerted by an anonymous letter, suspect fraudulent maneuvers because the promoter’s mother is deputy mayor and participated in the two deliberations of the Propriano municipal council relating to the sale of this property.
After two appearances in 2019 and 2020 before the Bastia Criminal Court, the file arrived on June 15 before the Bastia Court of Appeal. The public prosecutor having withdrawn from the appeal against a judgment declaring the prescription of certain facts, the mayor, his deputy and the notary were finally not judged and the acquittal pronounced against them at first instance became final.
Only Jean-Jacques Taberner is judged, whose case has been severed, who had appealed against his conviction for fraud on November 24, 2020 by the Bastia Criminal Court to 18 months suspended prison sentence and 50,000 euros fine, and that of his two companies, SARL LIMAT and My Home, as legal persons, to a fine of 30,000 euros.
The Advocate General considered that the offense of fraud is not established and in fact, did not take requisitions.
Unsurprisingly, the Criminal Appeals Chamber overturned the November 2020 judgment on Wednesday. The court found that the Criminal Court had not been seized of any offense concerning SARL Limat and it acquitted Jean-Jacques Taberner and the My Home company, from the scam boss.
Council of Jean-Jacques Taberner, Me Stéphane Nesa declares himself “reassured” by the judgment of the Court of Appeal which “judged in law.”
“There is not the shadow of the beginning of damage, but damage is one of the essential components of the offense of fraud. It is therefore normal that there is an acquittal. The file shows that there is no There was no maneuver of any kind whatsoever on the part of my client who did not enrich himself in this real estate transaction. Mr. Taberner is now heaving a sigh of relief because this will allow him and his its companies to return to normal activity.”
–