Through Writing La Rochelle
Published on 30 Nov 20 at 10:16
After 7 years, the Poitiers Court of Appeal determined, on November 25, the general launch for four former elected officials of the Community of agglomerations of La Rochelle pursued for Bribery throughout the sale of the golf de la Prée in Marsilly in 2013.
July 2013, the members of the Syndicat intercommunal à single vocation du golf de La Prée (SIVU) composed of four elected La Rochelle, four of Nieul-sur-mer and four of Marsilly unanimously resolve to place the golf course of La Rochelle up for sale for causes of general curiosity.
Originally, in keeping with the four defendants, “rents which were not paid by the AB Golf company, linked to economic difficulties”.
One purpose, which the prosecutor Dominique Émilie Chevalier had swept apart with a wave of the hand, “an audit that you ordered proves the contrary”.
Despite the insistence of President Delphine Portal, the actual motive for this sale of a public good has by no means transpired in the debates, not even in the present day.
Compensatory allowance of 225,000 euros
Note that in the case, André Audroin, head of AB Golf and never a civil social gathering at the listening to, will come out of this untimely termination of his affermage contract, with a compensatory indemnity of 225,000 euros.
This will lead to the withdrawal of the two appeals he had filed with the Poitiers Administrative Court, however not the legal criticism, which is able to proceed to run till August 30, 2018.
The second purpose is the downgrading from public to non-public of the 18-hole 60-hectare space, obligatory for its sale and which ought to have gone by means of a interval of inactivity. It was not the case.
Conditional sentence and ineligibility
The lawyer of the Sivu period, Me Frédéric Marchand (son of the former Minister of the Interior underneath François Mitterrand, NDLR), known as as a witness throughout the trial, got here to clarify this to the bar.
In 2018, the La Rochelle prosecutor’s workplace demanded a six-month suspended jail sentence in opposition to Marie-Thérèse Delahaye, former mayor of Marsilly, the former sports activities deputy of the metropolis of La Rochelle, Jack Dillenbourg, Pierre Malbosc deputy elected in La Rochelle, lastly Henri Lambert who was mayor of Nieul-sur-mer and third vice-president of the city neighborhood of La Rochelle.
Three years of ineligibility have been additionally required in opposition to Pierre Malbosc and 5 in opposition to Henri Lambert.
But a couple of weeks later, the courtroom launched the four defendants, earlier than the La Rochelle prosecutor’s workplace appealed in opposition to the determination.
General rest and reminder of the regulation
On Wednesday November 25, the Poitiers Court of Appeal due to this fact confirmed the determination handed down by the La Rochelle courtroom. The four elected officials have been acquitted of the chiefs, “of failure to execute the law and influence peddling”.
The Advocate General considers that the proceedings initiated following André Audrouin’s submitting of a criticism have been extraordinarily fragile. But additionally that the determination to place the golf course on sale had been taken unanimously by the 12 members of the SIVU.
General rest due to this fact, if not for Sébastien Arzalier, at the time secretary of the SIVU and now hooked up to the deputy of La Rochelle Olivier Falorni, who had seen himself throughout the investigation of the file, notify a recall to the regulation by the public prosecutor.
By Yannick Picard.
