for the Paris court, the State has not committed gross negligence

In its showdown with the state, the bar association suffered a setback on Wednesday, November 3. He failed to have a ” heavy mistake “ of the State in the so-called “fadettes” case between 2014 and 2019, during which the National Financial Prosecutor’s Office (PNF) used detailed telephone records from several counsel.

The lawyers had summoned before the first civil chamber of the Paris judicial court the judicial agent of the State and asked for 50,000 euros in compensation for a malfunction in the public service of justice. They were dismissed.

The PNF investigates the lawyers

As part of an investigation carried out between 2014 and 2019, the PNF had gone through detailed invoices (“fadettes”) from tenors of the bar – including Eric Dupond-Moretti – to identify who could have informed former President Nicolas Sarkozy and his lawyer Thierry Herzog that they were bugged in connection with a corruption case. This investigation for breach of professional secrecy was dismissed in December 2019.

The excitement aroused by this affair had prompted the former Minister of Justice Nicole Belloubet to request a report from the General Inspectorate of Justice, which, in its conclusions delivered in September 2020, had not seen any illegality in this procedure. but pointed out a number of irregularities. It is in this context that the bar association took legal action in December 2020.

“No manifest illegality and therefore no gross negligence”

In its decision handed down on Wednesday, the court considered that the interference in the privacy of the lawyers concerned and their interlocutors was not disproportionate to the objective pursued.

He emphasizes in particular that the telephone investigations only concerned one “very short period” ; that they complied with European law at the time regarding the use of “fadettes”; that the investigators did not wiretap the lawyers. “There was no manifest illegality and therefore no gross negligence” of the public ministry, reacted the lawyer of the State, Mand Bernard Grelon, welcoming a judgment which gives “completely satisfied”.

During the hearing on October 6, on behalf of the bar association, Mr.and Frédérique Baulieu argued that there was “a serious attack caused to the professional secrecy of lawyers, to their reputation and their image”. “There have been serious dysfunctions in the public service of justice”she pleaded.

Eric Dupond-Moretti, who is one of the lawyers concerned, had announced that he was filing a complaint for invasion of privacy. He withdrew it on the evening of his appointment as Minister of Justice, July 6, 2020.

Read also Article reserved for our subscribers Case of the fadettes: Castex suffers a setback with the Superior Council of the Judiciary

The World with AFP

Leave a Comment