The prosecution authorities in Bordeaux have recommended taking no further action against former president Nicolas Sarkozy over allegations of “abuse of weakness” in relation to frail L'Oréal heiress Liliane Bettencourt. Prosecutor Claude Laplaud said that “in the absence of evidence” his department considered that there was no case to answer against Sarkozy over claims that he exploited the billionaire to obtain election campaign funds in 2007.
The decision in March by three examining magistrates who are investigating what has become known as the Bettencourt Affair to place the ex head of state under formal examination caused a political storm in French politics. The Right claimed that the judges, and in particular examining magistrate Jean-Michel Gentil, had taken what amounted to a political decision to place Sarkozy under investigation, which in French law is one step short of being charged. The Left countered that their opponents were launching unfounded attacks on the independence of judges.
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The former president was claimed by witnesses to have visited the Bettencourt home on more than one occasion during the 2007 presidential campaign and to have collected campaign donations in cash. Sarkozy claims he visited the home only once, on February 24th of that year, and has always denied taking money.
After the prosecution's recommendation was made public Sarkozy's lawyer Thierry Herzog declared: “No matter what the violence of the calumnies, the truth always triumphs in the end. The prosecutor of the Republic at Bordeaux has just shown this.”
Sarkozy's political allies rushed to welcome the prosecution authorities' statement. “I had been very shocked, like many of his friends, at the abuse of weakness [allegation],” said the Patrick Balkany, and MP for the right-wing UMP party and an ally and close friend of the ex-president. “When you know Nicolas Sarkozy, the fact that he was placed under investigation for abusing an elderly lady's weakness, that was something totally incomprehensible and intolerable for us.”
Prosecutor Laplaud also said that they recommended no further action against former budget minister Eric Woerth, who had been placed under investigation for allegedly receiving illegal cash donations in connection with the affair. Prosecutors had already said that Woerth should not face charges over alleged “influence peddling” in a separate strand of this complex case.
The prosecution authorities say there should be no further action either in respect of four other men, businessman Stéphane Courbit, the notaire Patrice Bonduelle, tax lawyer Pascal Wilhelm and nurse Alain Thurin.
However, it is recommending that five other men should stand trial in relation to the affair. These include the society photographer François-Marie Banier, who was once Liliane Bettencourt's close confidante, and her former wealth manager Patrice de Maistre.
In any case, the three examining magistrates, Jean-Michel Gentil, Cécile Ramonatxo and Valérie Noël, are not bound by the prosecutions' recommendation. They can still choose to send all or none of those they have placed under investigation to formally face charges and stand trial.
The affair has been complicated by attempts from the lawyers of those under investigation to get the three judges removed from the case, claiming they have not acted in an entirely impartial manner. In particular, defence lawyers point to the fact that one of the expert witnesses who pronounced on Liliane Bettencourt's frail state of mind was a friend of Judge Gentil and was a witness at his wedding.
Gentil has denied any suggestion of bias, and supporters suggest he is guilty of a witch hunt to deflect attention away from the main issues.
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English version by Michael Streeter