Two pharmacists from Saint-Martin appeared last Thursday before the local court of Saint-Martin; the case had already been called for the first time at the end of January but returned.
PPG, the owner of the pharmacy, is accused of abusing the property of a Sarl as a manager; CP, one of its employees, is accused of receiving property from abuse of property. Concretely, PPG is accused of having embezzled 801 euros between January 945 and August 2013 for personal purposes by asking its CP to erase some cash transactions so that they do not appear in the pharmacy accounts. In return, he paid his rent to the tune of 2 euros per month. CP is accused of having accepted part of the money which it knew to be misappropriated.
This “parallel accounting” was denounced by a former employee. A gendarmerie investigation was thus opened, the two protagonists were placed in custody at the end of August and the beginning of September 2019. A search also took place within the trade as well as a second, computer, within the accounts.
At the hearing last Thursday, however, the merits of the case were not examined. The two lawyers, masters Stephen Montravers and Jan-Marc Ferly have raised nullities aimed at the cancellation of their client's lawsuits. Before even discussing the alleged acts and therefore seeking to prove the non-guilt of their client, they wanted to show that the means used during the interviewee did not comply with the code of criminal procedure.
Maître Jan-Marc Ferly stressed at length that his client was placed in police custody for a reason which served as a pretext to conduct the investigation into the embezzlement.
For him, the information collected about parallel accounting was not done within a legal framework, and therefore is not valid from a legal point of view. He thus requested the cancellation of police custody, therefore unjustified prosecution of his client.
For both councils, everything was orchestrated by the prosecution "to corner" the pharmacist and find evidence of his guilt.
Despite the arguments of the two lawyers lasting more than an hour, the prosecutor asked the judges to join the incident to the merits and to study the case all the same.
Asked to deliberate immediately by the defense, the court withdrew to reflect. After an hour's suspension, the hearing resumed: the court confirmed the irregularity of the procedure and released the two defendants. (more details on soualigapost.com)
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