2023-10-16 15:25:00
The president of the Liège Assize Court decided Monday afternoon to continue the debates in the trial of Omar Ettaleb, Zakaria El Bouraqui and Sami Gallout, accused of the murder of Ilyas Kösker. The first accused fled Monday morning by removing his electronic bracelet. In a ruling delivered at the resumption of the hearing, the presidency announced that Omar Ettaleb would be tried in absentia.
After two weeks of trial, the 33-year-old accused was called in sick due to gastroenteritis. A forensic doctor, however, deemed him fit to attend his trial. Monday morning, however, Omar Ettaleb cut off his phone and tore off his electronic bracelet before disappearing.
Unprecedented scenario
The court was faced with an unprecedented situation: detained under the terms of the electronic bracelet, Omar Ettaleb had attended the start of his trial. However, a judgment of the Court of Cassation considers that a detainee cannot take the liberty of transforming the adversarial procedure (in his presence) into a default procedure (in his absence).
When the hearing resumed on Monday afternoon, the deputy of the King’s prosecutor Xavier Montiel-Corte requested the continuation of the debates and a default judgment procedure against Omar Ettaleb. The president then delivered a judgment in which she noted the absence of the main accused. Omar Ettaleb will therefore be judged in default.
Omar Ettaleb’s situation could still change if he were to be intercepted while on the run.
After the judgment, the civil party’s lawyers continued their pleadings.
For Me Catherine Lechanteur, Sami Gallout “has not dissociated himself from the criminal spiral, even if he regrets”. Me Pauline André, for her part, stressed that the accused had minimized his role in a false manner. Contrary to what he claimed, the accused always knew that Ilyas Kösker had been killed according to the lawyer
Facts
Omar Ettaleb did not appear this Monday morning when his trial resumed. He claimed to be suffering from an illness and went to the emergency room at Citadel Hospital, where a court-appointed medical examiner later determined he was capable of attending trial. He was invited to join the Assize Court by his lawyers.
In the meantime, Omar Ettaleb could be located via the electronic bracelet he wore, since he was appearing under the bracelet detention regime. The deputy public prosecutor, however, announced that this electronic bracelet was cut near the Atlas bridge in Liège. Omar Ettaleb is therefore considered on the run.
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