VIDEOS. “We release the murderer and we will not have a trial ?”: at the Hérault assizes, a dying accused not fit to be judged
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It's a legal fiasco. Jean-Luc Muller was to be tried at the Hérault assizes for a murder for which he has been incarcerated since August 2020. Seriously ill for many months, his trial could not be held before, at cause of the congestion of the jurisdiction. But the accused is no longer able to appear, the trial is postponed without anyone knowing if it will ever be able to be held. To the great dismay of the civil parties.
"I had prepared myself, on the stand, I'would have said that'he'# 39;there is no greater pain than the loss of a child for a mother, it is an irreparable unnatural act… And it would have relieved me to say it ! There, we have known the murderer since the first day and we free him ? And we will not have a trial ? Where is France going ? Where is justice going ?".
A neck brace around her neck, her voice trembling, supported by her son, her brother and her sister, Marie-Christine, a 76-year-old Gardoise, did not lose her temper this Monday, March 4 leaving the Assize Court of Hérault.
Killed with a dozen stab wounds
The case of the murder of his son, Fabrice Venaruzzo, killed with a dozen stab wounds in Montpellier, at the beginning of August 2020, during a bloody and alcoholic closed session, which was to be tried for three days was dismissed sine die. The reason ? The state of health of the accused, Jean-Luc Muller, 57 years old, does not allow him to be present for the holding of his trial" writes the doctor who examined him.
This postponement constitutes a resounding and almost definitive fiasco for justice in a case where the lack of resources of the institution did not allow it to be carried out judge in time the accused, suffering from "level 4 metastasized prostate cancer" as his lawyer recalls Me Marc Gallix, whose vital prognosis has been compromised for several months in his cell in Villeneuve-lès-Maguelone (Hérault).
Added to this referral is also an immediate release of Fabrice Venaruzzo pronounced by the assizes, which the court of appeal had refused five times over the past two years.
With, extremely rare, these apologies presented by President Sylvie Rouanne to the civil parties who were collapsed at the announcement of the postponement.
"The judicial institution apologizes to you"
"I understand that this is a complicated decision and difficult to hear… The judicial institution apologizes to you"< /em> said the magistrate. "This case should have been heard in 2023, the state of staffing did not allow it. We can hear your feeling of incomprehension, but we no longer meet the conditions to keep him in detention.
The congestion of the assize courts in general and that of Hérault in particular did not allow this murder to be tried beforehand, due to a lack of sufficient magistrates and clerks. In November 2023, the First President of the Court of Appeal indicated that 170 files were in stock, not counting new cases and that in addition one of the five presidents of the Court of Appeal was in custody. spring seats could not be replaced for five months.
"There will never be a trial"
And the vast, unprecedented recruitment plan announced by the Keeper of the Seals last year, to the tune of 11 billion euros, will not be able to make up for the deficits only once the civil servants have been trained and recruited.
The Assize Court is even pessimistic about holding a trial in the future, "I am not sure we will be able to set a date given his state of health" said the president.
Enough to make the brother of the deceased jump in the room of lost steps: "It's not incomprehension, it's ;#39;is injustice, we are being deprived of our voice" he says while Fabrice Venaruzzo's aunt no longer believes in it, "there will never be a trial" she despairs.
"It's dramatic, the slowness of the procedures and the lack of resources lead to this fiasco" agrees Me Victor Calinaud, the lawyer for the civil parties.
The defense of Jean-Luc Muller, for its part, asked the court to provide evidence "d'humanity" and to release him, as she had been asking for more than a year, pointing out that the deadline maximum pre-trial detention was almost reached.
"Let him go out and die at his mother"
"We are unfortunately not surprised by what is happening and I will not be surprised if this man dies in the coming days… Since August 2020, we have known that he is ill, why was this file not taken as a priority ?" denounces Me Gallix. "Every morning, the prison guards are afraid when they open the cell to find him dead… Let him go out and die at his mother's.
What the court granted, Jean-Luc Muller was to return to Rouen in the coming hours. Before a next hearing of the case, in the coming months, without knowing if he will still be alive.
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