his lawyers denounce a “legal charade”

The first meeting between the vice-prosecutor of the Republic of Bordeaux and Moufide Bouchibi dates back to May 14. Subject to an arrest warrant since 2012, the latter has just been handed over to France by the authorities in Dubai where he had been arrested two months earlier. In 2015, the person concerned was sentenced in his absence by the Bordeaux Criminal Court to a 20-year prison sentence and a fine of one million euros in connection with a drug trafficking case. ” Prosecutor, can I ask you a question? The fine of a million, I can pay it in cash ? “, asks then Moufide Bouchibi in the office of the magistrate. ” It’s a joke of course “, would have immediately reacted his lawyer. ” In other countries, it could pass for an attempt at corruption “, considers, for his part, Mathieu Fohlen telling, this Friday, the anecdote in the preamble to his indictment.

Two hours later, at the end of it, the deputy prosecutor requested an 18-year prison sentence against Moufide Bouchibi, a 41-year-old Franco-Algerian, trafficker ” scale”, in logistical capacity to send astronomical quantities of cannabis resin “, up to three convoys of go-fast per week at the time of the facts retried since Wednesday, that is to say in 2011. A condemnation accompanied by a security sentence of two-thirds, a fine of one million euros, not payable in cash a priori, and continued detention due to ” leakage risks ” abroad.

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Courtroom transformed into a “boxing ring”

These requisitions are considered by Moufide Bouchibi’s lawyers as an aggravation of the conviction pronounced in 2015 for the same facts – editor’s note, which he disputes -, because of the security sentence. Regretting the presentation of their client as the ” new public enemy number 1 “, Where ” the biggest trafficker in the history of France, who introduced himself to the hearing as working in the ” real estate renovation in Dubai, they asked the court to resist pressure from the prosecution and the media.

In his indictment, Mathieu Fohlen also returned to the three days of heated debates, interspersed with multiple incidents, evoking a courtroom “ transformed into a boxing ring » and « verbal and physical excesses for the sole purpose of preventing serenity and the continuation of the debates from the defense.

During the trial, Me Thomas Bidnic, Me Amar Bouaou and Me Raphaël Chiche, the trio of black dresses who defend Moufide Bouchibi, proved to be quite formidable. Often on the verge of contempt, drawing their penal code faster than their shadow, multiplying the requests for nullity, sometimes written and printed in the middle of the hearing using a portable printer, to the point of repeatedly provoking the exasperation of the court .

During their pleadings, they asserted this strategy of defense, sometimes vehement, with regard to what they consider to be ” a judicial charade” and an instruction to ” gaping deficiencies “: ” The prosecutor talked about breach defense. Vergès is Vergès. We do not dispute your legitimacy as a judge nor your role, nor in principle your right to judge Mr. Bouchibi. We said what we had to say, we said it a bit violently but to respond to another violence,” pleaded Me Thomas Bidnic.

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Hundreds of hours of listening

The charges against the defendant date back ten years. In March 2011, the gendarmes of Tarn-et-Garonne chased a convoy of go-fast, these vehicles that spin at high speed to transport drugs. In the chase, one of the two Mercedes ends up abandoned in a wood, the other in a ditch after leaving the road. Inside, 743 kg of cannabis resin. One of the drivers was then arrested.

A judicial inquiry is open. It was quickly supplemented by elements from another procedure carried out at the same time by the departmental security of Mulhouse. It tapped four individuals suspected of being involved in large-scale drug trafficking. Telephone interceptions lead investigators to believe that several of them would be linked to the go-fast completed in the ditch.

A few months later, they think they have identified one of the interlocutors, the head of the import network, visibly based in Morocco: Moufide Bouchibi, already convicted four times for similar acts, a man who grew up in the Paris region before migrate to Mulhouse. ” This identification is the colossal issue of this file “, explains Mathieu Fohlen. It is questioned by the defense of the person concerned. The latter disputes the voice recognition carried out by a single police officer on the basis of wiretaps carried out in another previous file. ” What is important is the familiarity of the policeman with the speakersays the magistrate. However, he transcribed hundreds of hours of listening to Moufide Bouchibi “.

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“Lit” a rival

According to the Deputy Prosecutor, this identification is based on other elements. One of the four protagonists was the trafficker’s former brother-in-law. On several occasions, the first name “Moufide” is also pronounced during conversations, ” a small mistake that will ruin the efforts of concealment of delinquents.

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Elements drawn from the criminal environment also confirm this identification, according to the magistrate. On telephone tapping, the speaker identified as Moufide Bouchibi indeed evokes his fierce rivalry with Sophiane Hambli. He also regrets that one of his associates is not ” alight » a so-called « Boxer » working for the same Hambli. Said “Boxer” will be killed in October 2013 in Casablanca. Arrested a few weeks later by the Moroccan authorities, the authors allegedly designated Moufide Bouchibi as the sponsor, according to a note dated December 2013 from the security attaché of the French Embassy in Morocco read out at the hearing by the vice -attorney. ” “Moufide”, of course, there can be several. But the “Moufide” in rivalry with Sophiane Hambli, this seriously reduces the number », Considers the magistrate.

These telephone interceptions also contain a wealth of information on the ” commercial strategy » put in place by the trafficker on the narcotics market. Just like its size in this same market. During 2011, when one of his convoys carrying 1.6 tons of cannabis had just been intercepted and one of his drivers was in police custody, Moufide Bouchibi did not hesitate to send another convoy, with 2.4 tons on board to France. ” He didn’t tremble, he brought the goods up “explains the magistrate. A scenario that will happen again and again.

“Guys, they swear by me”

Its strong position in the market would also be based on its ability to pay cash and within three days its cannabis resin suppliers in Morocco. ” Like that, guys, he swears by me “, he explains in a listening quoted at the hearing.

On the criminal assets of the trafficker, the magistrate does not hide that they are difficult to trace, because essentially located on the other side of the Mediterranean. Here again, however, the interceptions provide interesting information. On a listening, Moufide Bouchibi is thus offered land in the chic districts of Marrakech in exchange for the delivery of several kilos of resin. ” You pay the notary “, he then asks his interlocutors.

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In the preamble to his argument, Me Thomas Bidnic mocked the lack of humor of the Deputy Prosecutor about the scene of the fine: ” It’s just funnyhe says. It’s the humor of someone who is desperate, at the bottom of the hole and who still has the resource of laughing. Moreover, these remarks do not appear on the PV”.

In their respective pleadings, the lawyers underlined, according to them, the hiatus between the very serious charges which weigh against their client and “ the weakness of the work of instruction “, listing the shortcomings of the procedure: wild extradition, arrest warrant null and void according to them, client declared on the run when he was not … “VYou have a judgment from 2015 which is a copy-paste of the order for remand to the court which itself is, word for word, typos for typos, a copy of the prosecutor’s final indictment “, they mock.

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They also question the identification of their client on the wiretaps, recognized by ” a single investigator », « never having been heard during the procedure “: ” No voice comparison work was done during the instruction. We take our word for what this policeman says, without any control “.

Judgment was reserved for September 9.

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