This is an extremely rare occurrence. Magistrate Hélène Gerhards, indicted and imprisoned in an investigation for her supposed links with Corsican banditry, will be able to leave pre-trial detention, the Aix-en-Provence Court of Appeal ordered this Wednesday, April 17. “ The Court overturns the decision of the judge of freedoms and detention and orders the release under judicial supervision of Ms. Gerhards », declared Laurent Becuywe, president of the investigating chamber of the Aix-en-Provence Court of Appeal.
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But this release is accompanied by severe restrictions including “the ban on contacting all the protagonists in the case, the ban on exercising the profession of judicial magistrate and the ban on going to ” in Corsica. “ Our client appeared yesterday (Tuesday April 16) at the hearing of the Aix Court of Appeal, emaciated and devastated after this nightmare for two weeks. This decision to release him is a huge relief and a long process will begin to demonstrate his innocence. », Yann Le Bras, one of the magistrate’s lawyers, told Agence France-Presse (AFP).
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“Don’t put me through this”
The day before, Hélène Gerhards and her counsel had, during the hearing, justified their request for release for family reasons, health reasons but also procedural ones, the investigation against her having started almost three years ago and half. President of the Assize Court of Lot-et-Garonne until January 2023, she proclaimed her innocence on Tuesday April 16 and requested an end to her pre-trial detention.
“ Put me under judicial control, with a bracelet, whatever. I will respect everything but don't put me through this again », begged in court the one who was an investigating judge in Corsica from 2010 to 2016.
This was his first speech since his indictment on April 5 for 11 charges, including embezzlement of public funds and forgery of public documents by a holder of public authority, followed by his placement in detention. provisional – exceptional decisions concerning a magistrate.
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Conversely, Advocate General Jean-François Mailhes had requested his continued detention in order to “ to avoid any major risk of fraudulent consultation » between the parties. The magistrate is suspected of having maintained links with personalities of Corsican banditry. Investigators suspect her in particular of having, in exchange for undeclared work paid at a discount in her luxury villa located south of Ajaccio with her former companion, a former police officer, “rendered services” to members island banditry, including information on ongoing legal proceedings and legal advice.
