Disappearance of Delphine Jubillar: the request for recusal of judges “inadmissible”, according to the courts

Disappearance of Delphine Jubillar: the request for recusal of judges “inadmissible”, according to the courts

On Monday, March 18, the judiciary rejected the request for recusal of the two investigating judges in the Jubillar case.

On Monday, March 18, the Justice Department rejected the request for disqualification of the two investigating judges in charge of the investigation into the murder of Delphine Jubillar, because it considered it “inadmissible” and based on a purely legal point. A month ago, on February 15, the three lawyers of Cédric Jubillar, this 36-year-old man accused of the murder of his wife, submitted a request for recusal to the first President of the Court of Appeal of Toulouse. A rare procedure that ended with a cassation appeal filed the day before.

MAre Martin, Franck and Alary believed that the judges had “ignored respect for the presumption of innocence,” writing in their indictment dated November 21: “Cédric Jubillar is the author of the murder of his wife”.

Witnesses must always be heard

Cédric Jubillar’s lawyers had raised a problem of “impartiality” at a time when new investigations must be carried out. For the defense it was unthinkable that the same judges, who drafted the controversial verdict, would carry out the new investigative actions. Witnesses are to be heard as part of the additional information ordered by the court in early February. The appeal submitted by the defense results in the investigations being temporarily halted. The rest of the proceedings are provisionally suspended by the decision of the highest criminal court. If the request for “immediate admission” is rejected (fast procedure), a second request for recusal could then be submitted by Cédric Jubillar’s defense. In the event that the Court of Cassation validates this immediate request, it will be necessary to wait a few weeks or even a few months before a final decision is made on the disqualification of the judges.

Moreover, as soon as Cédric Jubillar was referred to the Tarn Assize Court after drawing up the indictment in November last year, the two judges were no longer taken into consideration. They become ‘delegates of a mission’, in this case of additional information that cannot currently be carried out.

A press release from the Secretary General of the First Presidency specifies: “The first president considers in her decision of March 18, 2024 that the request for recusal cannot be validly received insofar as the two investigating judges were removed from the case by their indictment order of November 24, 2023 and that their delegation by the investigating chamber with the purpose of producing additional information is unenforceable because of the appeal filed by the defense.”

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