“A legal absurdity”. For Me Mourad Battikh, it is inconceivable that a reclassification of charges would be carried out for Pierre Palmade
. And yet, the decision rendered by the college of experts relayed by our colleagues from
Parisian
this Thursday, September 21, is indeed preparing to do so. As a reminder, on February 10, 2023, the 55-year-old comedian caused a road accident in Seine-et-Marne by hitting a car head-on. Inside, three people, including a pregnant woman who lost her child after the shock.
But the report released this Thursday would show that this same baby was not born alive. He was viable, but died before giving birth. And that changes everything. Now, Pierre Palmade
would no longer be indicted for “injuries and manslaughter” but only for “injuries”. An unacceptable situation for the lawyer of the victims’ family invited this Friday morning to Apolline de Malherbe on RMC
.
Also see: Pierre Palmade: new controversy for rapper Freeze Corleone!
Me Mourad Battikh dejected by the new report on Pierre Palmade
“To acquire legal personality in France, you must be born alive and viable”he recalled initially before specifying: “Viable, experts agree that the child must have passed 24 weeks and weigh at least 500 g. In this case, we were more than 24 weeks old, we were at a fetus which weighed 1 kg, so there was no difficulty regarding viability. To be alive, the legislator tells us that it must have its first breath outside the mother’s womb. In this expertise, we will explain to us that he is not alive because he came out dead, in the legal sense of the term. And at the same time, that he is not alive because of the direct consequences of the accident. You see absurdity. It is explained that he cannot be alive because of the accident, but that he does not carry legal personality.”
In fact, Me Mourad Battikh clearly explains that there should be no homicide retained in “This folder”. “This poses a real difficulty. We are faced with a legal absurdity. The lawyers that we are in my office intend to alert the legislator and the magistrates who will have to judge this case. The notion of linking life to the first breath is not appropriate not and we see the limits of this reasoning”regrets the lawyer before concluding: “We link the cessation of life to the cessation of the heartbeat. We say that the heart no longer beats therefore that the person is dead. There, the heart was beating, in the mother’s womb. And even that it there was the cesarean section, the heart was still beating, with very weak pulsations. And we have, this time, linked life to the first breath.”
The family shocked, this child “had a first name”
This modification that could be made to the file is a huge shock for the mother who lost her child. Her lawyer in fact indicates to Apolline de Malherbe that “this child had a first name, which had been carefully considered throughout the pregnancy by the parents”. “He had everything of a child who was about to be born. He had his room, he had his toys ready, his cuddly toys”, he informs. Despite this difficult news to accept, Me Mourad Battikh. Should not request a second opinion because “the result will be the same” according to him. “The problem is not in the experts’ conclusions. It is deeper, it has to be sought at the root”he concluded.
RF