A judgment delivered at the end of last September by the Hainaut Assize Court had surprised more than one jurist. Former police officer Francis Vandy had been convicted of murder and assassination. He caught two Romanians fishing illegally in his private pond and shot them dead with a gun.
The jurors had found that the first shot was not premeditated, unlike the second. “On Wednesday, the Court of Cassation overturned this aggravating circumstance of premeditation”, says Me Ricardo Bruno, criminal lawyer specializing in cassation appeals. The case will be referred to another assize jury, probably in Namur.
Facts
On August 28, 2019, in the evening, Francis Vandy surprised Constantin Tomescu and Gabriel Ghelmegeanu fishing for carp in his private pond in Forchies-la-Marche. The former police commissioner, exasperated by these recurring visits to his private property, first kills Constantin with a bullet in the forehead. The ex-member of the PJ then fires a second shot which defeats Gabriel.
The Charleroi judicial police suspect Francis Vandy, nicknamed Lucky Luke during his years in The Crime’. The crime took place on his property and a 9 mm cartridge case was found at the crime scene. This is a projectile used by law enforcement. However, the suspect never returned his service weapon, which he declared missing. Francis Vandy is questioned, he denies any involvement in the facts. He confessed in October 2019 and was placed under an arrest warrant.
The verdict
For the jury, the first shot is an instinctive shot. There is no evidence that Francis Vandy had the intent to kill when he arrived at his pond. On the other hand, for the second shot, which killed Gabriel Ghelmegeanu, the jurors considered that the former policeman had planned the second crime, for fear of being denounced for the first.
This judgment challenged more than one jurist, starting with the defense lawyers, Me Julien Charles and Me Nabil Khoulalène. The time between the two shots was very short, which excludes any reflection according to the lawyers, therefore premeditation.
Only the second crime will be retried
The two lawyers went to defend their point of view before the Court of Cassation on Wednesday, with Me Ricardo Bruno. “We had already convinced the Advocate General at the Court of Cassation”, says the latter. The High Court partially quashed the judgment.
The case will therefore be retried in part before another Court of Assizes. The first crime will no longer be the subject of a debate, but the second will be debated on its qualification. “The sentence of 25 years of criminal imprisonment imposed on Mr. Vandy was not legally justified, because the unity of intention had been retained. The sentence can only be capped at twenty years”concludes Me Bruno.