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Six years of legal proceedings marked by anxiety and suffering, three days of a deeply trying trial held behind closed doors, and a verdict handed down on Wednesday, October 14. On that day, the Criminal Court of Guadeloupe in Basse-Terre sentenced a former school bus driver from Saint-Barthélemy to ten years in prison. Now 75 years old, the man—who appeared in court as a free man under judicial supervision—faced charges of aggravated sexual assault against three minors under the age of 15, as well as attempted incestuous rape. After the verdict was handed down, he was taken into custody. The victims’ satisfaction and relief were short-lived.
In fact, as soon as the hearing ended, the defense attorney, Pascal Luciani, immediately expressed his intention to appeal the court’s decision. This process began the very next day. The former school bus driver will therefore be retried for the same charges in a second trial, on appeal. In a matter of hours, the man went from being a convicted criminal to a defendant presumed innocent. For now, the 70-year-old man from Saint-Barthélemy is still in prison. However, a request for release has been filed. It will be reviewed in a few weeks by a judge.
“Our voices have been heard”
In the days following the trial, victims shared their feelings. “I feel relief, sadness, and anger too, when I think of all those years and all those lives marked by the actions of a single man,” said one of them, continuing: “This verdict does not make our wounds go away. But our voices have been heard, and our suffering has been acknowledged. After carrying this burden for so long, that means the world to us.”
The alleged offenses committed by the former school bus driver are said to have taken place between 1991 and 1993 and then from 1994 to 1996. First against a nephew, then against a niece. Both were only seven years old. Between 1999 and 2001, he allegedly repeated the abuse against an eight-year-old girl with whom he had no family connection. It was in 2020 that the first complaint was filed with the Saint-Barthélemy gendarmerie brigade. It therefore took six years—including three years after the investigation into the case was closed—for the case to be heard by the criminal court. In the meantime, other people came forward, claiming they had also been victims of the former bus driver. Since the statute of limitations had expired on the alleged offenses, they participated in the proceedings as witnesses and were heard during the trial on October 12, 13, and 14.
“We’ll have to get back in the fight”
One of the attorneys for the civil parties, Julie Martinez, estimates that the appeal trial could take place in about a year. “For the victims, the first hearing was already very trying,” she notes. Knowing that they’ll have to relive the same ordeal… The proceedings have been very long. They’ve endured prolonged trauma, family conflicts, and three very difficult days of trial. It’s unimaginable to go through these trials all over again. Nevertheless, even though he was found guilty, they must keep in mind that he is once again presumed innocent. All of this is devastating from a psychological standpoint. But they know they’ll have to get back in the fight, and I know they’re ready.”
An appeal trial is, of course, completely different from a trial in the court of first instance. New jurors, new arguments—despite the repetition of testimony and arguments from both sides.
A new development could, however, come up during the proceedings—even if it has no bearing on the case. On November 3, the Senate followed in the footsteps of the National Assembly, which last summer passed the “Child Protection” bill, which notably provides for the removal of the statute of limitations on sexual crimes committed against minors and stricter background checks for individuals working with children. “This is good news,” comments Attorney Julie Martinez. “Sometimes, it takes a certain amount of maturity to understand what has happened to us. You have to carry it within yourself, bring it out into the open, and express it in order to face legal proceedings. When you understand the entire process, the current statute of limitations is too short. So this could allow victims to be recognized. Because being a witness is not the same thing.”
