four questions on Dominique Pelicot’s absence from the hearing for health reasons

On Monday morning, the president of the Vaucluse criminal court could only note, once again, the absence of the accused. His lawyer denounced “lamentable care”. Depending on the condition of the septuagenarian, the trial could resume on Tuesday or, on the contrary, be suspended, or even postponed until 2025.

“It’s torture for our customers.” Antoine Camus, one of the lawyers for Gisèle Pelicot and her children, is furious after the new suspension of the trial of Dominique Pelicot and his co-defendants on Monday, September 16. The health of the main accused, at the heart of the concerns, is still poor. During a hearing that lasted only a few minutes, Roger Arata, the president of the criminal court of Vaucluse, ordered that a medical examination be carried out at midday on the septuagenarian.

The continuation of this lengthy trial, in which 50 other men are being tried in addition to Dominique Pelicot, will depend on this expert assessment, the results of which will be communicated on Tuesday morning at the hearing, which will begin at 9 a.m. “Until we have the results, we cannot position ourselves”said Roger Arata. Béatrice Zavarro, Dominique Pelicot’s lawyer, denounces “a lamentable support”. Franceinfo takes stock of the questions that now arise.

1 Why is Dominique Pelicot absent?

The 71-year-old man, accused of raping his wife for ten years and having her raped by strangers while she was unconscious, underwent a scan on Sunday as well as a blood test, indicating that he is suffering “a clot in the bladder, a kidney infection and a prostate infection”said his lawyer. To confirm this diagnosis, as is customary during a trial, the president called on two doctors. These experts will have to say whether Dominique Pelicot can appear in this state tomorrow, when the hearing resumes and, if not, estimate the length of his absence.

Beatrice Zavarro has denounced all weekend, in several media, the failings of the prison administration regarding the care of his client. “I think we were held hostage for eight days.”she said at the hearing on Monday morning. Very angry, she believes that “What is happening could have been largely anticipated if [Dominique Pelicot] had been taken care of since Monday [dernier]“.

2 What exactly is his lawyer accusing him of?

Béatrice Zavarro believes that her client should have been treated at the first signs of infection. On Monday, September 9, Dominique Pelicot had indeed appeared livid, apparently suffering from renal colic. He had then been excused from the hearing. As early as the previous Friday, September 6, he had “complained of pain” and had called “help prison staff”at the Pontet remand center, near Avignon, his lawyer told franceinfo. His cell was not equipped with a telephone, so he was unable to reach her and spent the weekend of September 7-8 without any medical care.

Returning to the hearing on Wednesday, September 11, he seemed even worse off. The day before, a doctor had examined him and assured him that there was no “no contraindication” in his presence, without giving him any treatment. His lawyer did not share this observation: she said she had found him that very morning on the floor of his cell, specifying that he had previously been suffering from vomiting, malaise and kidney pain. The president had then again authorized Dominique Pelicot to leave the courtroom and had ordered an initial expert assessment. He had communicated the results on Wednesday evening. “His health condition has worsened, he is unable to appear on Thursday and Friday”Roger Arata had announced.

It was only on Sunday, September 15, that the accused was able to undergo a scan and a blood test that established a diagnosis. “I had to go to detention on Saturday morning. He was feverish, feverish and I alerted the right people to say that it had to stop.”Béatrice Zavarro told the press on Monday morning, believing that Dominique Pelicot should have been hospitalized much earlier. “Let no one tell me that Mr. Pelicot is shirking his duty: a diagnosis has been made and it is not the fruit of his imagination.”she added.

3 Why does it have to be there?

All last week, the debates continued without Dominique Pelicot. His personality was discussed and psychological and psychiatric experts were also heard on his subject, an unusual occurrence in a criminal trial in the absence of the accused. The presiding judge did not want to fall too far behind schedule, which was already very tight. And Béatrice Zavarro agreed (she could have demanded that they wait for the main accused to return). Her two sons, David and Florian, did not wish to speak in their father’s absence: their testimonies were therefore postponed. The civil party also did not want Dominique Pelicot’s brother and son-in-law to be heard in his absence.

But it is above all the substance of the case that poses a problem. Because between the 50 accused and the septuagenarian, it is one man’s word against another. Most of them deny having raped Gisèle Pelicot and believe that they were manipulated by her husband: they say that they believed in a “libertine scenario” with his consenting wife who pretended to be asleep. Dominique Pelicot, on the contrary, told investigators that they were aware that his wife was drugged and unconscious.

These conflicting versions must confront each other during the hearing. “I wouldn’t imagine our clients being heard without him being heard first.”explains Louis-Alain Lemaire, who represents four defendants. “Let’s say he doesn’t attend all the hearings… But we must at least know his position,” he continues, questioned by franceinfo.

4 What are the possible scenarios now?

Everything will depend on the results of the expert assessment. If Dominique Pelicot recovers, the trial could continue on Tuesday, even if this scenario is unlikely. If he is hospitalized for a few days, the hearing will be suspended again. But if his condition is more serious and requires a longer intervention, the trial, which was to last until the end of December, could simply be postponed and held in 2025… at best.

It would be “a disaster”, said President Roger Arata last Thursday, referring to this last hypothesis. “We would be in a situation that one would not hesitate to describe as a scandal,” warned Stéphane Babonneau, one of the lawyers for Gisèle Pelicot and her family, at the hearing this morning. Everything would have to be started from scratch and all the investigators, witnesses, experts and accused who have spoken out over the last two weeks would have to be heard again. “That would be dramatic: do you realize the organization that was required?”reacted lawyer Louis-Alain Lemaire. Like his colleagues in the defense, he assures that in the event of a postponement, he will request the release of his clients. Currently, 18 of the 51 accused are in pretrial detention, and 33 are appearing free.

In the meantime, Antoine Camus, who represents the civil parties, points out that we are in the context of a “major trial” label, granted by the Ministry of Justice. This status has allowed the Avignon judicial court to obtain additional resources from the Chancellery, as well as specific arrangements for the courtroom, to accommodate all the accused. This envelope also allows journalists and the public to be properly received, who can follow the debates in the broadcast room.