2023-09-22 13:30:00
The “intermediate” decision rendered Friday by the Marche-en-Famenne criminal court, requesting additional expertise before ruling on the merits of this fatal road accident case, is ultimately not surprising given the turn of the procedure in justice.
A case in which the mayor of Somme-Leuze, Valérie Lecomte, is being prosecuted for involuntary manslaughter as a motorist. On July 16, 2020, his vehicle hit an octogenarian pedestrian, Monique Doppagne (84 years old), while she was crossing the urban boulevard of Marche-en-Famenne to reach Home Libert where she resided. The elderly woman died from her injuries. Valérie Lecomte never denied having hit the octogenarian. But she always maintained that the victim was crossing outside of a pedestrian crossing.
However, in this fatal accident case, the prosecution had not appointed an automobile expert. Which ultimately had consequences for the rest of the legal proceedings. The police court found that the driver was fully responsible, holding that the octogenarian was indeed crossing a pedestrian crossing.
But the case was the subject of an appeal both by the prosecution (because the sentence handed down by the police court did not order the driver’s license exams to be retaken) and by the defendant (who requested acquittal).
The Marche criminal court, acting as an appeal court for the police court, ended up ordering an automobile expertise, initially lacking, to clarify the circumstances of the fatal accident, and therefore ultimately the responsibilities.
A new hearing in December
While the case returned to court on September 14, Valérie Lecomte’s lawyer, Me Alexandre Wilmotte, was very critical of the expert mandated by the court who, according to him, would tell her one thing and then the other.
The expert, points out the defense, estimated, preliminary that the victim could have actually crossed outside the pedestrian crossing but then concluded by specifying that he had no technical elements to refute the words of a witness affirming that the The octogenarian was on a pedestrian crossing. The defense also saw doubts which should lead to an acquittal of the driver.
The elected official’s lawyer also suggested that the court summon the expert. A request on which the defense of Monique Doppagne’s relatives, civil parties, had not itself expressed any reservations.
And the criminal court in a judgment rendered this Friday, although it was initially expected next month, therefore made a decision aimed at being further informed.
The automobile expert is asked to supplement his report with regard to his technical considerations for the point of impact with the vehicle as well as what may appear to be a change of opinion on his part in this same report. .
The expert must submit his new observations by the beginning of December at the latest and the file has already been rescheduled for a new hearing on December 14.
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