A few days ago, in our columns, he was discussed in broad outline the appeal procedure initiated by the lawyer of Mokhtar Allouache, Me Najwa El Haïté. She read the inconsistencies and breaches of a procedure referred to by a dismissal. “Inadmissible, incomprehensible,” thundered the council lawyer who argued in the court of appeal in December. The request was detailed and the tone even went up to the courtroom on December 17. An audience held behind closed doors.
Then, in January, the decision fell … it is a rejection of the request. However, they expected a lot from this decision of the Amiens Court of Appeal. Me Najwa El Haïte was also quite confident in view of a file which seemed simply aberrant.
The file is the famous stab wounded to Mokhtar Allouache in 2019, which was already a municipal councilor in Nogent-sur-Oise and which has since been fighting to have its victim state recognized.
“The file reveals gray areas. Certainly Mokhtar Allouache went to the hospital, certainly, he left after the first aid signing a discharge and it is true that he did not give the names of his attackers immediately but everything has a Logical explanation. An explanation which was not heard or restrained by the prosecutor of the time, ”says the lawyer.
A “volatilized” itt
The ITT which disappeared from the file between the moment when the minutes are recorded in the Chantilly gendarmerie and the moment when the file is found on the office of the investigating judge. “But just that is simply unacceptable,” said in the court of appeal master and hateful. This whole battle suspended from a decision, that of the Court of Appeal which has purely and simply rejected the request for review of the file. In the present case, this amounts not to push more investigations and not to allow to hear new witnesses.
The parties present became aware of the decision and it took a while for the main interested party, accused the blow. To believe in justice, it must be admitted that the city councilor of Nogent-sur-Oise has more and more difficult to integrate this data.
So what to do? Give up? Give up ? Supported by the determination of his lawyer and a new support, that of the criminalist Roger-Marc Moreau, the elected Nogentais gradually takes up the hair of the beast.
“We lost a battle, not war,” said Mokhtar Allouache. “I say it loud and clear, it is simply to give an authorization to kill this rejection of our request,” continues the elected official of Nogent.
Me El Haité does not in turn hesitate, to evoke a “denial of justice”.
Always for the lawyer, “this decision not to take into account the status of elected representative of the Republic seems also incomprehensible. Everyone says in this file, the mayor first, that Mokhtar Allouache was attacked in the exercise of his elected official, “continues the lawyer for the Parisian bar.
“Text to classify this file without agreeing to take into account basic elements, including the existence of an ITT greater than eight days, a medical observation where it is mentioned that the blade has passed less than a centimeter of the heart , this amounts to denying the existence of an assault. It is simply not heard, ”continues the counsel, more determined than ever. One of the motivations of the Court of Appeal is “the existence of an eminently political context. We walk on the head. It is therefore in his capacity as elected that my client has been attacked, ”underlines Me El Haïté.
J.-F. Dardenne goes to the offensive
Jean-François Dardenne, mayor of Nogent-sur-Oise, also goes to the offensive. He was until then quite silent in this case, leaving justice to take his course. Jurisdictional aid had been voted on the municipal council. Then, there was the discharge case and the first magistrate of the city of Nogent, the fourth city of the Oise, believes that he was treated “as the last of the thugs in this file”. So when he believes that his city councilor is not heard, he decides to move up a gear. He decides to create the support committee.
This committee will be officially presented in a few days in the presence of lawyers, of the principal interested and of course the mayor.
In the meantime, on social networks, the friends of yesterday and today’s enemies do not hesitate to comment on the decision. This is particularly the case with the opponent Djamal Benkherouf. For him, this case, “it is above all throwing the taxpayer’s money through the windows” and to say to anyone who wants to hear it “that Mokhtar Allouache will have to answer for these slanderous denunciations soon before the courts”. One fact is certain, the two Nogentais are not ready to get back around a table to discuss serenely.
Mr. Allouache still with citizens
And for Mokthar Allouache now? Well, life continues. He takes his role as elected official in charge of emergency situations. Would we need proof? Why not. No later than this week, he simply “saved a citizen”. It is the emergency physicians who say it. How ? Well, quite simply, the elected official, who follows very closely several Nogentais, in particular by taking the time to discuss, visits the fragile people, ancients often and this, almost daily. And there, having no news of one of them, well he presented himself at his home. “Gégé” had ingested a massive dose of drugs and at first glance voluntarily. The elected official warned the emergency services, put the citizen safe. The firefighters came immediately. Gégé is saved today. He is in a rest house, convalescence. Mokhtar Allouache says he is “simply happy to have done his duty”. Life continues therefore and allows the municipal councilor to think of something other than this procedure which “rots his life”. Go to cassation about Me El Haité did not say his last word. She decided to hire her client to appeal to the cassation.
“Tending to classify this file without agreeing to take into account basic elements, including the existence of an ITT greater than eight days in space 19 days, this amounts to denying the existence of an assault. It is simply not heard in our time, ”concludes the lawyer for the elected Nogentais, a bit ascent to advance this file.
