2023-11-22 14:41:00
This Wednesday, Brussels lawyer Olivier Stein arrived at 8:20 a.m. at the Arlon courthouse, pleading prepared, in order to defend the interests of his client, victim, among other things, of assault and battery and harassment from of her ex-companion. The defendant arrived at 9 a.m., handcuffed and surrounded by three police officers for the start of the hearing.
At the presidency of the Arlon criminal court, judge André Jordant and his clerk; at the public prosecutor’s office, the deputy of the king’s prosecutor, Stéphanie Brand.
The only one present of the two defense lawyers, the Chestrolaise Anne-Catherine Mignon, with a closed and tense face, is standing behind her client. The defendant, Loïc Genin, was in the spotlight last Wednesday, sentenced to nine years in prison for another affair (see the judicial column in our web edition of November 20). A repeat offender, he is once again prosecuted before the courts, but proclaims his innocence. The case is important enough for the three hours of the morning hearing to be devoted to it.
Spectacular turn of events
However, there was a twist before President Jordant opened the debates. Mr. Mignon files, on behalf of his colleague Mr. Mainz, a request to disqualify Judge Jordant. Very rare procedure which, legally, can be filed as long as the pleadings have not been launched. “You were involved in this judgment which heavily condemns my client, explains Me Mignon to Judge Jordant. When we read your judgment, we can conclude that you consider his guilt as already established for the facts with which he is accused today. We believe that your impartiality is not guaranteed to deliver good justice.”
Judge, prosecutor and lawyer for the civil party fulminate
Ms. Brand fumes and criticizes the defense for playing for time “even though she has known the composition of the seat for a month”. Judge Jordant, destabilized, is desperately looking for a legal quibble that would have allowed him to ignore the request.
Mr. Stein, really not happy to have wasted his time between Brussels and Arlon, quickly understood that there was no escape and that the hearing would be postponed to a later date, the class of young people who came to attend a judicial hearing, can return to his school.
Judge Jordant must now decide, within 48 hours, whether he withdraws or rejects the request for recusal.
According to his decision, the case will return to the Court, at the earliest in 2024 given the congestion of the role, either under his presidency or under that of another judge.
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