The covid is invited to the hearing. Chronicle of a morning in court ….
Returned cases, videoconference hearing, IT problems … Covid does not facilitate the affairs of Marseille magistrates. Our judicial columnist spent the day at the Court of Marseille, in the 11th chamber, known as “Single Judge”
Fifteen cases are scheduled for the morning in 11th single judge. Due in particular to the covid, six files are returned. Among the cases retained, a videoconference with a 22-year-old inmate incarcerated in Luynes prison. President Madame Samii, initiated the liaison with the remand center.
“We must do our utmost to get him to come in a quarter of an hour at the most … well, we will take another file in the meantime”
With a sigh, the president said ” it is a file that we can finally take! “. She started to liaise with the remand center. On the screens of the courtroom, the image appears, we see a white room, a white table, three white chairs. Madame Samii asks if the defendant is there, a guard appears “It has not yet arrived, because there was a delay in the movements”. The president : “we have to do our utmost to get him to come in a quarter of an hour at the most… well, we’ll take another file in the meantime ”.
I was lost, I returned my license, I still haven’t done the internship, because I don’t know where to do it
Loic 26 years old, is present at the bar, he opposed a court decision condemning him to a fine of 300 euros, obligation of awareness training and suspension of driving license for six months, for driving a vehicle in having used narcotics. The young man explains to the president that he paid the fine without sending the proof to the prosecutor “Because I was lost, I returned my license, I still haven’t done the internship, because I don’t know where to do it! “. The president tells the accused: “You have opposed the court decision, that’s when you want to be tried. In your case, you have executed part of the judgment by paying the fine and you have returned your driver’s license. You have to do the awareness training ”. The prosecutor of the hearing takes the floor and specifies that the young man cannot be tried ” because the decision has been partially executed ”. After a short moment of reflection, the president makes her decision: “after deliberation, the court declares your opposition inadmissible, you go to the Office for the Execution of Sentences, they will give you the procedure to follow and tell you where to do the internship, especially show your recipe title to show that you have paid the fine. You understood well ? Good bye, sir “. Led by the court usher, the young man leaves the room to go to the BEX.
There was concern in detention!
Return to Luynes, question from the president “He still hasn’t arrived?” “ The supervisor repaired on the screens: “There was concern in detention! “. The president : “We’ll call you back in 20 minutes. Okay, we’ll take the next file ”.
When she says that I insult her is when I expressed my disagreement
A man, a woman walks up to her bar, petite curly brown hair, wearing a black puffer jacket and backpack. Him white hair, black mask wearing a dark parka. The husband and wife are summoned for violence and damage to property belonging to others. They are both warned and victims. The facts took place on November 17 and 18, 2019. The President gave a quick summary of the facts. “You have lived together for more than ten years, you have two children. That day, (November 18, editor’s note), following a marital dispute, you filed a complaint, you said, Madam, to be tired of insults. You jumped on your husband’s neck. Mister was injured, resulting in one day of temporary incapacity for work. In the fight madam’s head banged, three days of ITT. “ Side by side facing the judge, the two spouses confronting each other The husband: “I admit having broken the phone. When she says that I insult her, it is when I expressed my disagreement with her in the life of our couple ”. The president specifies: ” Sir, you are accused of violence! “
HE TAKEN MY HEAD WITH ALL HIS FORCES
Amal speaks “He took my head with all his strength, to bang against the wall!”. Hassan responds ” she went to the emergency room to overwhelm me, on the advice of her friends ”. The president reads the medical certificate “The doctors noted various lesions and noted significant psychological retention. “ Hassan: “I have never hit my wife in ten years together, we had arguments, but I never hit her. I broke her phone because she broke mine. When she meets herself angry, she breaks up. She broke several computers. “ Amal: ” I recognize, that I jumped to the neck of Monsieur. The night before, there were the phones broken, that evening, I saw that he had been drinking. The next morning, he came to wake me up to tell me you’re going to buy my phone back. He insulted me in front of my children, I started to scream, I no longer overlook the harassment, he made me beside myself! “. The president mentions a failed penal mediation, the ongoing divorce proceedings and notes that the family court judge has issued an order enjoining Hassan to the family home he still occupies, while it belongs to his wife. ” Sir, you must leave the apartment which does not belong to you, it is for the interests of the children and you must respect this decision which dates from August 2021 ”. The magistrate questioned Amal again: “your husband you towards his contribution? (150 euros for each child (editor’s note). Responnse : ” he paid me last month 150 euros this month, nothing; he told me he didn’t have any money. Not three weeks ago, at the bottom of the building, he told me I’m going to kill you in Arabic, and he called me a whore. I have suffered from this problem for 10 years. “. The president closes the debates by asking the two spouses if they wish to become a civil party. ” you are both victims and warned ”. Him : “no ! ” She : “What does it mean ?” President’s response: “that means that you are asking for redress ”. Amal: “I ask for peace! “.
Madame has been brutalized!
In her indictment, the prosecutor claims against Amal three months suspended prison sentence, ” This means that we must think before any act, it is necessary that the defendants know that the suspension is a sentence of warning ”. Against Hassan six months suspended sentence ” Monsieur disputes the violence and recognizes the damage, but there is a medical certificate which shows that Madame was brutalized! “ The judge delivers her decision: three months suspended prison sentence against Amal and six months against Hassan “You must not master other offenses for five. You have this Damocles sword on your head. Sir, I urge you to leave Madam’s apartment, you must go to the Office for the Execution of Sentences. You must pay 127 € uros of rights if you pay within 15 days it is 20 less.
He’s there ? He’s there !
Back to the videoconference. This time, the young man, born in Mayotte in 1990, is very present. The judge asks the defendant for his address, “I live in La Maurelette (a city of the northern districts of Marseille editor’s note) at my daronne ”. The magistrate evokes the charges and realizes that there is no lawyer at the side of the young man ” Do you have a lawyer ?” Responnse : “I don’t know why, he’s not here, I don’t understand, I’m going to pass like that. ”
What did you drink? A bottle of vodka?
Ms. Samii, lists the charges: “Around 6 a.m. in September 2018, in a supermarket with an accomplice, you entered through the staff door, your colleague tried to steal a bottle of alcohol, you threatened a store employee with a knife. ” Responnse : ” I found a knife on the ground, I wanted to scare them, I didn’t want to tear the guy apart, I didn’t know what I was doing, I had drunk too much “. Matter of the judge : “What did you drink?” A bottle of vodka? “ Responnse ” Yes ! “ The judge “Do you recognize the facts? “ Responnse : “Yes ! “ Before the indictment, the president, evokes the five convictions which appear in the criminal record of the young man, she asks him why he is imprisoned today? ” It is a warrant of committal. ” ” Why ? ” asks the magistrate. Answer is for an attempted … an attempted murder. The judiciary: “I see that on your criminal file that you have been under a committal warrant since October 2019, for a murder case. “ The prosecutor requires six months in prison and five years of ban on carrying a weapon “These are serious facts, there is a carrying of a weapon and death threats. “ After a few moments of reflection, the president makes her decision “The court, after having deliberated, you find guilty of the charges and sentences you to six months suspended prison sentence and three years ban on carrying a weapon”. “You understood ? ” ” Yes ! “
Baptism by fire
This morning is a baptism of fire for Madame Samii, who has just been appointed to Marseille. She has reached her first single-judge correctional hearing. Previously she was stationed in Rodez.