The two Frenchmen who had been convicted in Madagascar of an tried coup and an try to assassinate the Malagasy head of state, represented by their legal professionals, requested on Friday 22 July for the annulment of their sentence on the Court of Cassation in Antananarivo.
From our correspondent in Antananarivo,
Last December, Franco-Malagasy Paul Rafanoharana and French Philippe François acquired 20 years and 10 years of arduous labor respectively. On Friday, their legal professionals, who denounce a trial and investigations tainted with irregularities, uncovered the Court of Cassation’s procedural errors, which they contemplate quite a few.
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Violation of the confidentiality of the directions, violation of the fitting to defence, inadequate entry to paperwork and even incorrect translations… In an virtually empty room and for virtually two hours, the protection legal professionals’ submissions comply with one another. Master Solo Radson, lawyer for the French-Malagasy Paul Rafanoharana insisted on proof that he considers unreasonable, particularly an audio recording offered on the trial as a compromising dialog between his shopper, his spouse and a 3rd lady:
“This recording was transcribed by a bailiff. But the officer, who did not know Mr. Paul Rafanoharana, could not recognize his voice without having seen him, without having spoken to him. So it is obvious. This is incongruous evidence and provided by administration. How do you recognize a voice from someone you’ve never seen? It’s made from scratch. I also asked, why haven’t you submitted this recording for investigation? There was plenty of time to file this piece during the investigation.
“An unfair trial”, according to the defence. The defense is requesting that the sentence handed down by the General Criminal Court in Antananarivo be annulled last December, without dismissing the trial, which would lead to the release of the detainees.
“I alluded particularly to the manufacturing of objects that had been not made through the preliminary investigation, didn’t contradict my shopper, and had been produced effectively after, through the trial, signifies Maître Raymond Chan-Fah, the French lawyer Philippe François. So these are all of the procedural flaws that we’ve raised. What we additionally hope is that the Court will see all these flaws and have a tendency to overturn the judgment that has been given. I a great deal insist that this file will not be contradictory, it will not be truthful. It was an unfair trial. But we’re hopeful. We hope the decision is overturned.”
The Court of Cassation’s determination is anticipated on 26 August. If the Court overturns the decision, with out presentation to the court docket, the 2 arrested are launched. If they’re despatched again to court docket, a brand new trial will happen. The court docket may uphold the sentence, and the 2 males will then stay in jail. In this case, Philippe François can request a penalty switch to France.