a former magistrate was asked if the prosecutor could give so many details to the press

The press conference of the Mont-de-Marsan prosecutor, Olivier Janson, sparked a lot of criticism, particularly regarding its duration and his comments on the singer’s private life.

In his press conference on Thursday April 25, the prosecutor of Mont-de-Marsan, Olivier Janson, provided numerous details about the private life of Kendji Girac, after his gunshot wound. Details which have sparked criticism, particularly among jurists. “I would not have spoken about his private life, nor his cocaine use, because it is not directly linked to the facts”, says Jacques Dallest. This former attorney general has notably handled cases linked to organized crime or more recently to the Maëlys affair.

franceinfo: What does the law say about the public expression of a prosecutor?

Jacques Dallest: The law is very vague. Article 11 of the Code of Criminal Procedure authorizes the prosecutor to communicate on “objective elements” folder. That’s basically all he can say. He is also there to correct errors that may be made in the media. And that has an interest. But there are no further details on the prosecutor’s scope of expression. Simply, he should not make a value judgment on the matter.

Afterwards, there is the practice which can be a little different, it can happen that we give a feeling, etc… But what the public and the media expect is the most objective, the most serious information , the most reliable. In a legal case, we say a lot of things at the start, things go a bit in all directions, there are rumors, there are errors: the prosecutor is there to put things right and respond to expectations.

This is what the law specifies: “éavoid the spread of fragmentary or inaccurate information, put an end to a disturbance of public order.” Do you think the prosecutor remained in his role?

First, it took too long. A one and a quarter hour conference on a case under the pretext that the victim is a well-known person… And doing an analysis on suicide is off topic, I think. We don’t have to explain the reasons at this stage. He is there to talk about a fact of a criminal nature, possibly the circumstances, what he knows, the material elements, the ongoing expertise, his analysis of the hypotheses. He explains that there is ultimately no intervention from a third party [dans le tir]. It’s very good, it puts an end to the idea that he was shot. I would have stopped there. I would not have spoken about his private life, nor his cocaine consumption, because it is not directly linked to the facts, unlike the Pierre Palmade affair, where the use of narcotics can explain the accident. A press conference, at the start of an investigation, must leave doors open, saying that the investigation is continuing.

But the investigation should not go very far. The prosecutor said that “this procedure should end with a dismissal.”

The error there is that he almost announces that he is going to close the file. Legally, this is undoubtedly what should be done. If it is a suicide attempt or a personal gesture, there is no criminal offense. But there’s no point announcing it. Another error is when he says that there will be no prosecution for gun possession. It is still a category B weapon with the largest caliber of automatic pistols, a Colt 45 of the American army. This is not a harmless weapon. If tomorrow, his colleagues at the Mont-de-Marsan public prosecutor’s office want to prosecute someone who was found in possession of a firearm and I am this person’s lawyer, I would say: “Are you closing the Kendji Girac case while you are prosecuting my client?” This is a strategic error.

“A prosecutor must be attentive to equality before the law.”

Jacques Dallest, former attorney general

at franceinfo

Whether your name is Girac or Delon, if you have committed an offense, except in very special circumstances, you must be held accountable, like any citizen. There, the prosecutor issues a decision much too quickly. As attorney general, which I was, I would ask for prosecution. The Attorney General has the legal power to order one of his prosecutors to prosecute if the latter considers dismissal. This is what we call an appeal against dismissals, it is in the law.