jeudi 9 juin 2011

Colonna: an appeal in cassation of the defence


Colonna: an appeal in cassation of the defence



Ajaccio before the transfer to the scene of the crime of the special Assize Court that retried Yvan Colonna (8 June)

AFP - Stephan Agostini

The defence is going to appeal against a judgment of the Court of Assizes on a letter attributed to Yvan Colonna

The special Assize Court in Paris decided Wednesday to pay to debate the threatening letter which Yvan Colonna would have sent a key to the prosecution witness.

The defence immediately announced an appeal against this decision.

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Reconstitution in Ajaccio for Erignac trial

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Trial Colonna: travel to Ajaccio

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"The fact that the origin of the document issue, consisting of a photocopy, remains indeterminate, is not enough to reject it debates, announced the President of the Court. Hervé Stephan. Unsuccessful in their request for inadmissibility, Colonna councils therefore announced an appeal in cassation.

Revealed on 27 May, this four-page letter written in Corsica, transmitted by the Director of the judicial police, had the effect of a sudden Thunder. Fresnes dated December 19, 2010, it threatened "war" Pierre Alessandrione of the six members of the commando sentenced in 2003 for the murder of the prefect of Corsica Claude Erignac, if he did not everything to exonerate Yvan Colonna at trial.

Alessandri is part of the members of the commando which had implicated Cargese Shepherd when their guards to view in May 1999. He recanted that 17 months later.

While they had not challenged the authenticity of this letter in their first statements to the press, Colonna lawyers had very quickly characterized it as "false" before the Court. The defence also challenged the conditions in which this missive arrived at trial, the Director of the judicial police, Christian Lothion, refused to reveal the identity of the person which the provided.

Hearing behind closed doors Monday in Ajaccio
The special Assize Court in Paris has moved to Ajaccio Monday night for a hearing in camera. Protected by a cordon of CRS, the hearing took place on the scene of the crime, street of colonel Colonna of stadium, where the prefect Erignac was assassinated on 6 February 1998 to 21 h, while he went on foot to a concert after having parked his car. It was the first time since his 2007 trial thatyvan colonna back in Corsica.

"This transport nourish my beliefs on the guilt of Yvan Colonna", said, on the side of civil parties, Mr. Benoit Chabert, who represents the State, to the press late evening. This hearing on the other hand was deemed "very favourable to the defence" by one of the lawyers of Yvan Colonna, Mr. Pascal Garbarini.

The size of the shooter could not be determined
The two lawyers pointed out that the debate on the size of the shooter could not be resolved, the two present balisticiens the scene being not fallen agreement. "One cannot say what was the size of the drawer", summarized Mr. Chabert. Me Garbarini however stressed that one of the balisticiens found that "the drawer must necessarily do more 1, 75 m, or even 1.80 m", while Colonna measures only 1.72 Mr. "doubt benefits the accused", he said.

Alessandri is retracted
Pierre Alessandri, the only one of the six members of the commando sentenced in 2003 to have agreed to give details on the conduct of the crime, was also present. Sentenced to life imprisonment as co-author of the assassination, it provides since 2004 being one who killed the prefect of three bullets in the neck. As other members of the commando, he was in custody in May 1999 put in issue Yvan Colonna, and recanted that months later. According to Mr. Chabert, Alessandri "gave a version impossible." "He placed the prefect Erignac almost two metres from the place where his body was found."

But for Me Garbarini, Pierre Alessandri gave a version of "very contradictory with the one he had given in custody", and "one finds that it cannot rely on one, or rely on the other". "It seems quite difficult in these conditions that Yvan Colonna can be recognized guilty in this case", he said.

First return in Corsica
Cargèse Shepherd was returning to Corsica for the first time, since his trial in 2007 when a transport of justice had also been organized. Yvan Colonna was "attentive but spectator" this operation. "I have nothing to do in this case, so I'm not," he said at the start of the hearing, according to his lawyer. He then remained silent.

Held for the third time for the murder of the prefect and the attack a few months earlier of the gendarmerie of Pietrosella, near Ajaccio, where the murder weapon had been stolen, Cargèse Shepherd disputes all of the facts alleged against him.

The hearing took place in the quiet under high police protection, journalists and onlookers being maintained remotely by a cordon of CRS. A few dozens of curious who had gathered early evening shortly after left the premises. The Court and the majority of participants left for Villacoublay (Yvelines) on a Transall military aircraft which took off at approximately 0: 30 pm, according to Ms. Dubois.

The son of the slain prefect, Charles - Antoine Erignac, had also made the move. Some 640 CRS and mobile gendarmes arrived on the continent to strengthen personnel stationed permanently in Corsica.

Third trial for Colonna
Colonna, who challenges all the facts alleged against him, is considered for the third time for the murder of prefect Claude Erignac on February 6, 1998 to 21: 00 pm while he went on foot to a concert after having parked his car.

The 2009 appeal verdict, which had affirmed his conviction to life imprisonment by adding a period of 22 years, was quashed by the Court of cassation for a procedural defect

Reconstitution in Ajaccio for Erignac trial

Hearing very special at the trial of Yvan Colonna.La Court moved the scene of the crime in Ajaccio. A kind of reconstruction which is clearly not really advances the discussion. Defence, as civil parties, have held their positions were reinforced.

See the video

Reconstitution in Ajaccio for Erignac hearing trial very special at the trial of Yvan Colonna.La Court moved the scene of the crime in Ajaccio. A kind of reconstruction which is clearly not really advances the discussion. Defence, as civil parties, have held their positions were reinforced. See the video see video

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