New twist in the Millas accident trial. While their client was absent for the resumption of the proceedings on Monday morning (Nadine Oliveira remains hospitalized in intensive care), the two defense lawyers attacked head-on the president of the court, Céline Ballerini. They launch an extremely rare procedure, a motion for recusalfor her to be removed from office and replaced by a new magistrate.
“You have made comments that make the defense fear a lack of impartiality“, launched this Monday morning Maître Louis Fagniez to the president of the court. This request is filed “when it is considered that a magistrate or the court lacks impartiality, it is the first president of the court of appeal who is seized and must indicate whether or not the magistrate concerned“showed impartiality, explained Ms. Ballerini.
The trial was suspended until 2:30 p.m. this Monday in order to examine this defense request. If successful, the trial would start over with a new magistrate. Faced with this situation, the prosecutor did not hide his anger : “this procedure is totally inappropriate, it is a slippage on the part of the defense, which wants to confiscate the trial“.
“Resuming the trial from the start would be unimaginable, and psychologically impossible”also reacts Stephane Mathieu, the father of Ophelia, one of the schoolgirls who died in the accident.
Conversely, if the motion for recusal is rejected, this does not mean that the trial will resume immediately. Because there is also the question of the defendant’s state of health, still hospitalized in cardiology after her discomfort at the hearing on Thursday. A medical expertise could be requested, before the resumption of the debates.