Four months after dismissing the case in favor of the filmmaker Luc Besson, the examining magistrate Marie-Claire Noiriel is the subject of a complaint by the law student and actress Sand Van Roy. The Belgian-Dutch, who had filed a complaint on May 18, 2018 against the director for “rape”, filed a complaint with a civil action against the magistrate and against X, for “forgery in public writing by the depositary of public authority, use of forgery, alteration of a public document likely to facilitate the discovery of a crime, fraud in judgment”, learned “Complement of investigation” from France 2.
Sand Van Roy’s lawyer, Antoine Gitton, confirms the filing, Monday, April 25, of this complaint, addressed to the dean of the investigating judges of the Paris Court of Justice. The “Complément d’Enquête” and franceinfo teams were able to consult this 62-page document.
Sand Van Roy “is not heard. The elements she wishes to report are not listened to, not integrated”, denounces to franceinfo Antoine Gitton, lambasting a “refusal of access to speech and requests for action”. In her complaint, Sand Van Roy denounces the fact that Marie-Claire Noiriel, who arrived on the case in 2020, did not meet her as part of this investigation, and “will even refuse his audition”, she assures. The dismissal order, consulted by franceinfo, recalls the five hearings of Sand Van Roy (with another magistrate) and notes that‘“in the absence of any new element, a sixth hearing [par la nouvelle magistrate Marie-Claire Noiriel] did not appear useful for the manifestation of the truth”.
The actress and student also regrets that Luc Besson, who disputes these accusations, has not been evaluated by a psychiatrist. He was not indicted in this case, but placed under the status of assisted witness.
“Ms. Noiriel knowingly and fraudulently altered the truth, in order to thwart and prevent the action of Ms. Van Roy against Luc Besson, thus depriving her of her access to legal remedies for her material and moral prejudice. .”
Sand Van Royin her complaint against Marie-Claire Noiriel and against X
“I hope that we will take this file seriously”, reacts the complainant to franceinfo. “I just want us to look at the evidence, to respect my rights. I don’t know what to do to obtain justice. Filing a complaint against a magistrate should not happen, but I have no other choice “, she defends.
Sand Van Roy and his defense ensure that the magistrate affirms “falsely that the materiality of the facts is not disputed”. Gold, “Ihe materiality of the facts is obviously disputed by the simple fact that the statements of the protagonists are, materially, strictly opposed”, defends the complaint. Sand Van Roy claims to have been the victim of anal rape by digital penetration, while Luc Besson evokes cunnilingus and consented vaginal intercourse, according to their testimonies cited by the complaint. However, the dismissal order states that “only the consent to sexual gestures is discussed by the parties, the materiality of the facts not being disputed”.
The complainant also questions the version of her testimony given by the investigating judge, and affirms that the magistrate “dismisses many material elements which are compatible with the statements of the victim and which contradict the soothing version of the respondent”. She thus evokes photos of an anal lesion observed by the medico-judicial unit (UMJ) during her examination, the day of her complaint in 2018. “Two years after the events, the photos of the injuries taken at the UMJ” still had not been “added to the documents in the file”, advances his complaint. In the dismissal order, the investigating judge recalls that the expertise of a doctor “formally ruled out the existence” of this lesion, but four doctors challenged this expertise, says the document.
“Hearing an examining magistrate say that it never existed is the most enormous shock. It’s like physical violence. We deny objective evidence.”
Sand Van Royat franceinfo
The complaint also denounces the absence of DNA analysis of certain traces found on the sheets and the duvet of the room where the alleged facts allegedly took place. She regrets that messages, addressed to her friends before and after the alleged facts, have also been discarded.
After his complaint in May 2018, Sand Van Roy accused Luc Besson of other rapes and sexual assaults, during two years of a “professional relationship” with the director. Presumed facts in London, after those in Paris, are mentioned in the investigation. The complaint for “rape” had been dismissed on February 25, 2019, then Sand Van Roy had filed a new complaint, with civil action, on March 8 of that same year. A judicial investigation had been opened in October 2019 for “rape”.
Two years later, the Paris prosecutor’s office requested a dismissal in this case, a dismissal pronounced on December 9, 2021 by Marie-Claire Noiriel. In response, Sand Van Roy had announced on Twitter to wear “complaint for forgery” against the magistrate. The actress also appealed against this order. His complaint with civil action on Monday paves the way for referral to an investigating judge.