At the Paris Criminal Court,
He arrived in the largest room of the court, white as a sheet, looking a little lost. The hugs of his colleagues, who came by the dozens this Tuesday afternoon to hug the benches of the 11th room, do not seem able to lift the anguish that can be read on his face. It is not for a client that Me Xavier Nogueras, a lawyer specializing in terrorism cases, is worried today, but for his career. He is accused with another tenor of the bar, Me Joseph Cohen-Sabban, 45 years of bar – he has made a reputation in the files of organized crime -, of having paid a false document to justice for the defense of one of their clients in 2018.
Side by side at the helm, almost motionless, the two councils listen to the president, Isabelle Prévost-Desprez, read her judgment. The words sting. “A most blameworthy casualness and levity”, “a real dilettantism”, a “blissful amateurism”. Here they are dressed for next winter. The two men are declared guilty of “violation of professional secrecy”. It is not a surprise.
Xavier Nogueras notably admitted having hand-delivered a copy of the criminal proceedings to the henchman of their client, Robert Dawes, a drug trafficker suspected of being at the heart of a vast cocaine traffic in Europe. However, these elements were used to create false documents, which were then added to the file. Objective: to lessen the accusation. In vain, since the prosecution realized the deception and the man was sentenced to 22 years in prison. “A very serious error”, acknowledged Xavier Nogueras during the hearing. A “wrong”, abounded Joseph Cohen-Sabban. An act that goes “beyond simple negligence”, castigates Isabelle Prévost-Desprez.
“Crying lack of professionalism”
However, nothing in the investigation has ever proven that the two men knew that the documents were forgeries. However, recalls the magistrate, complicity is only punishable if its author knowingly participated. As for negligence, it cannot be considered as a form of complicity by “abstention”.
As the magistrate unfolds her argument, the room begins to relax. Isabelle Prévost-Desprez may well castigate the “disinvestment in this file” and the “crie lack of professionalism” of the two lawyers, the public, mainly composed of black dresses, understands that she is about to relax the two tenors of the leader of complicity in the attempted fraud in the judgment: nothing proves that they knowingly sought to influence the court. However, it is on this point that their reputations were at stake. And especially the rest of their careers.
Far from requisitions
Robert Dawes and his “zealous collaborator”, Evan Hughes, were sentenced to 5 and 4 years’ imprisonment respectively. Joseph Cohen-Sabban and Xavier Nogueras are sentenced to a fine of 15,000 euros and a three-year ban on practicing, accompanied by a suspended sentence for “violation of professional secrecy”. So far from the requisitions of the prosecution, who demanded three years in prison for the first, two for the second, matched for both of a one-year suspended sentence. The public prosecutor had also requested a five-year professional ban.
Xavier Nogueras, on the verge of tears, falls into the arms of his counsel. Joseph Cohen-Sabban, he displays a broad smile. “I did not want to retire before being cleared, and I consider myself cleared,” he rejoices at the end of the hearing. All the lawyers present also see in this decision a last tribute to Me Hervé Témime, who died last week and who delivered his last argument at this hearing. “He pleaded to defend our profession”, insisted the counsel of Xavier Nogueras, Me Matthieu Chirez.