L mother of the little Fiona and her ex-boyfriend, convicted Sunday in an appeal to 20 years of imprisonment by the court of assizes of the Haute-Loire, were each lodged an appeal in cassation, a-t we learned Tuesday with their lawyers.
one of The lawyers of Cecilia Bud, Me Renaud Portejoie, said that the appeal of his client was following “four pillars” : “The conditions of the trial”, “impartiality” of the president of the assize court, that “the reasons” of the judgment, as well as “procedural irregularities”.
An aperitif between the president of the court and lawyers
Monday, 5 February, and that began the second week of deliberations, the lawyers of the mother of Fiona had demanded – in vain – a new adjournment of the trial around a curious story of an aperitif made by the president of the court, Stephen Fradin, with some tips at a hotel in le Puy-en-Velay.
“The impartiality, it is also the image that it returns. Some would say that it is an error and this is what we want to believe. We don’t want to believe the mischief,” said Me Portejoie.
READ – Case Fiona : the mother of the girl severely condemned the appeal
To his council, the condemnation of Cécile Bud is also the result of a “reasoning by amalgam”. “The court admits that he or she does not know the circumstances of the deaths of Fiona and because we do not know, you can imagine the worst”, he continued.
A body never found
Berkane Makhlouf has also lodged an appeal in cassation, considering that his conviction and sentence on appeal is “unjustified”, according to one of his lawyers, Me Marcel Schott. “Since always Berkane Makhlouf acknowledges that, if it could be a bad father-in-law, he is not responsible for the shots that caused the death of Fiona”, whose body has never been found since her disappearance in may 2013, he said, adding that he had also intended to raise issues of procedure.
Trial Fiona : the mother and her ex-boyfriend confront each other, but do not admit to anything
One of the lawyers of the father of Fiona, Nicholas Chafoulais, Jean-Francois Canis said, “wait to see the submissions raised” before the Court of Cassation, in particular, by the advice of Cécile Bud that have logged no incidents at the court of assizes. “The Cassation Court will see that there is nothing in the minutes of the debates. So how can you prove” their claims ?, he said.
A survey of ethics ?
I Canis was also planning with his colleague Charles Fribourg to seize the president to request the opening of an ethics investigation regarding the lawyers of the mother of the little girl. If the Court of Cassation was due to accede to requests to Cécile Bud and his ex-boyfriend, a fourth trial shall be held in this case. The first appeal trial was aborted in October following a quarrel between lawyers.
On appeal, the two former partners were sentenced to the same penalty of 20 years in prison, while in the first instance, in 2016, the court of assizes of the Puy-de-Dome had paid the mother for the crimes – the violence that led to the death of Fiona, condemned to only five years in prison for having to believe a child abduction. Berkane Makhlouf had already been sentenced to 20 years in prison.