four questions on the trial of Christophe Galtier, tried for discrimination and moral harassment

The former coach of PSG and OGC Nice is on trial from Friday by the Nice Criminal Court for acts of discrimination and moral harassment when he was coach of the Aiglons.

Christophe Galtier has an appointment with justice. The 57-year-old coach is on trial from Friday, December 15, following the preliminary investigation opened on April 13 by the Nice prosecutor. “counts of moral harassment and discrimination based on membership or non-membership, true or supposed, to a specific ethnic group, nation, alleged race or religion”. What is he accused of and what does he risk? Franceinfo: sport takes stock with Me Arnaud Ibanez, lawyer at the Marseille bar in criminal law and sports law.

What are the alleged facts?

The affair targeting Christophe Galtier broke out in mid-April after the revelation by independent journalist Romain Molina then radio RMC of an email, which AFP and franceinfo: sport were unable to authenticate, addressed to management of the Nice club by former sports director Julien Fournier. He reported these comments attributed to Christophe Galtier, then coach of the Aiglons between 2021 and 2022: “He then told me that I had to take into account the reality of the city and that indeed, we could not have so many blacks and Muslims on the team. […] He told me of his desire to fundamentally change the team, also specifying that he wanted to limit the number of Muslim players as much as possible..

A preliminary investigation was opened in mid-April for suspicion of “discrimination based on alleged race or religious affiliation” targeting Christophe Galtier. “I am deeply shocked by the comments attributed to me, relayed by some in an irresponsible manner”, reacted the person concerned, then coach of PSG. He filed a complaint on April 21 for death threats and defamation against Julien Fournier and two journalists.

During his hearing on June 30, Christophe Galtier had “contested the offenses likely to be held against him”indicated the public prosecutor of Nice, Xavier Bonhomme.

Contacted by L’Equipe on December 5, Christophe Galtier’s lawyers, Olivier Martin and Sébastien Schapira, declared that “Christophe Galtier is determined 10 days before this hearing. He reserves his statements for the court. He is finally awaiting this public and contradictory debate where he will demonstrate that he has obviously never discriminated or harassed anyone. His entire professional career and his reputation bear witness to his impeccable personality.”

How will the trial go?

Present at the Nice Criminal Court in the presence of his lawyer, how can Christophe Galtier, who denies the alleged facts, defend himself? “He can rely on testimonies from other players in the Nice squad or players he trained during his career who corroborate his statements. His lawyer can also highlight other certificates and rely on a prestigious career as a coach and player, and a past which leaves no room for these accusations.indicates Me Ibanez.

“Mr. Galtier is currently training in Qatar [SC Al-Duhail]a Muslim country, he has no prior record linked to the alleged facts: the court can therefore give credence to his statements. The difficulty for the court seized of its facts and of disentangling the true from the false [parole contre parole, déclarations rapportées, etc…] and recontextualize the words”continues the criminal lawyer.

As for potential witnesses, in particular players who could be victims of discrimination or moral harassment by Christophe Galtier, “given the players’ contractual commitments with their respective clubs, there is little chance that players will be present, especially if they were questioned during the preliminary investigation by the police”adds Me Ibanez.

For the outcome of the trial, “the deliberations will either be pronounced on the day of the hearing, or pronounced at a later date. The coach may appeal the decision within ten days of the deliberation.recalls the latter.

What does Christophe Galtier risk?

If he is found guilty of the acts alleged by the criminal court, Christophe Galtier risks, in theory, two years of imprisonment and a fine of 30,000 euros for “moral harassment” (article 222-33-2 of the Penal Code) and three years of imprisonment and a fine of 45,000 euros for “discrimination” (article 225-2 of the Penal Code).

But according to Me Ibanez, this maximum sentence “would not be consistent with the seriousness of the alleged facts in light of the jurisdiction’s case law. If he is found guilty, depending on his criminal record, a simple suspended sentence is possible or a day fine. Given his income, a fine is also likely if he is convicted.”specifies the lawyer.

Have there already been any precedents?

In football, cases of alleged racist remarks made by coaches have already existed, such as for Willy Sagnol in Bordeaux in 2014, against whom SOS Racisme had filed a complaint, or more recently Bernard Casoni, dismissed from US Orléans last November. For the latter, theThe Orléans public prosecutor’s office had opened a preliminary investigation into “incitement to hatred or racial discrimination and for public insults of a racist nature”according to France Bleu Orléans.

In 2010, the affair of quotas for dual nationals within the French team and the suspension of the DTN, François Blaquart, for his remarks during a meeting in November 2010 had shaken the FFF, while Laurent Banc, coach of the time, had refuted any form of discrimination. There had been no “no legal proceedings to the extent that commissions of inquiry had concluded that there had been no implementation of a quota policy within French football”, recalls Me Ibanez. The trial of Christophe Galtier could therefore create a precedent if the coach were to be convicted.