Lyhanna case: Barella's lawyers report leak to prosecution
The defence lawyers for Jérôme Barella are denouncing the publication of extracts from his police custody hearing, which are covered by legal confidentiality. They announce a report to the prosecutor and do not rule out filing a complaint.
Disclosure of Barella's police custody hearing: his lawyers refer matter to prosecutor
Hours after extracts from the police custody hearing of Jérôme Barella were published online, his two defence lawyers announced a report to the prosecutor. Google News LU FR reports that Maîtres Sandra Vazquez and Éléonore Paré are denouncing an illegal disclosure of documents covered by legal confidentiality in the case of the disappearance and murder of Lyhanna, an 11-year-old schoolgirl in the Gers department.
In a statement released on Wednesday evening, the two lawyers of the 41-year-old accused person, currently in pre-trial detention, stated they wished to "respond with the utmost firmness". The extracts had been published by Franceinfo, revealing the contents of the statements made by Barella to police in late May, before the child's body was even recovered.
Remarks "truncated and taken out of context"
On the merits, Maîtres Vazquez and Paré criticise the media outlet for publishing "remarks that were truncated, taken out of context and presented as damning", before any discussion before a court. Presenting their client as responsible for Lyhanna's death constitutes, in their view, "a conflation that the state of the proceedings does not allow" and represents "a serious breach of his presumption of innocence".
At this stage, Jérôme Barella is facing charges of abduction, unlawful confinement, murder and rape of a minor under fifteen years of age.
An offence punishable by up to three years' imprisonment
The two lawyers are not limiting themselves to a warning in principle. They describe the publication of the interview records as a clear violation of investigative and legal confidentiality, recalling that such disclosure is "punishable by up to three years' imprisonment and €45,000 in fines" under provisions relating to breach of professional confidentiality and disclosure of information from an ongoing investigation.
They indicate their intention to "pursue all available legal remedies" in order to identify the source of the leak. In addition to reporting the matter to the prosecutor, they do not rule out filing a complaint. "Let anyone who thought they could exploit these proceedings be aware that this conduct will not go without consequences," they warn.
Presumption of innocence reaffirmed
Maîtres Vazquez and Paré conclude their statement with a firm reminder: their client "remains presumed innocent". "Being charged does not amount to conviction," they write.
The two lawyers also clarify that they will not comment on the merits of the case, considering that it "is to be debated before a judge and not in the press", in respect, they add, owed to the victim's family.
Source: Google News LU FR