Justice - Lédée - Bernier cases: the prosecutor provides nuances and clarifications

In the previous issue of JSB (n°1630), an article was devoted to the dismissal of the complaint for slanderous denunciation lodged by the first vice-president of the Collectivité territoriale, Marie-Hélène Bernier, against the president, Xavier Lédée.by Marie-Hélène Bernier, first vice-president of the Collectivité territoriale, against President Xavier Lédée. It also mentioned that the allegations against the first vice-president had been dismissed following an investigation by the Basse-Terre public prosecutor, Xavier Sicot. While he confirms the dismissal of the cases, the public prosecutor nevertheless adds some nuances and clarifications to the decisions that were handed down.
For example, with regard to the alleged slanderous denunciation of Xavier Lédée, the prosecutor stated: "The complaint against Mr. Lédée was dismissed for lack of an offence. This clearly means that there is no offence against him. "
Concerning Marie-Hélène Bernier, the public prosecutor states: "The facts resulting from her own report to my public prosecutor's office for slanderous denunciation led me to open an investigation for various offences. Ms. Bernier's involvement comes via her own complaint, with elements that necessitated the opening of a preliminary investigation. For facts likely to constitute criminal offences. In particular, the capture of recordings without the consent of the persons concerned, and acts of sexual assault. "
On these facts, the public prosecutor declared: "The sexual assault proceedings against Ms. Bernier were classified as an insufficiently characterized offence. There's a big difference between no offence and an insufficiently serious offence. For the facts that were reported, the materiality exists. But in terms of retaining the offence, I have closed the case in favor of Ms. Bernier, because intent has not been sufficiently proven. "
In the case of "capturing recordings without the consent of the persons concerned", the public prosecutor indicates that the case has been dismissed. However, he added: "I have dismissed the case, but with an alternative to prosecution. Because I consider that Ms. Bernier committed these actions for at least two victims. I issued her with a probationary criminal warning, reminding her of the rules of the law, and that if she committed another offence, I could declassify these proceedings and prosecute her for that too. "The offence of capturing, recording or transmitting speech without consent carries a maximum penalty of one year's imprisonment and a 45,000 euro fine.
To sum up : the complaint for slanderous denunciation against Xavier Lédée was dismissed for lack of an offence, while the offences (sexual assault, illegal taking of an interest and attempted forgery of a public document) were dismissed.and attempted forgery of a public document) for which Marie-Hélène Bernier had been implicated were also dismissed as "insufficiently characterized". Marie-Hélène Bernier's indictment for capturing, recording or transmitting speech without consent was also dismissed.Although the case against Marie-Hélène Bernier for capturing, recording or transmitting speech without consent was also dismissed, the public prosecutor issued her with a probationary criminal warning, considering that she was guilty of this offence.