“Dismissal”… Which never happened. Which would not have existed. In short, a forgotten ranking. Me El Haïté cannot and does not want to resolve this. She pleads for the reopening of the “Mokhtar Allouache” file and finally sees further, rather an in-depth examination with a view to determining whether or not there was an “attempted murder”. But that will be the next move.
So, confirm the dismissal of the case or consider an attempted murder possible? This is legitimately and indirectly the question that the magistrates of the Amiens Court of Appeal must ask themselves. They must make their decision this Friday, January 24.
Mokhtar Allouache, for his part, is waiting with an impatience which seems unbearable to him, for this judgment of the court of appeal. He and his lawyer, Me Najwa El Haïté, are convinced: the year 2025 will be that of bringing to light a case almost 6 years old and somewhere, the year of a deliverance for the plaintiff, also a municipal councilor in Nogent-sur-Oise and elected for emergency situations.
Arguments argued on December 17
It was at a hearing on December 17 before the investigating chamber at the Court of Appeal of Amiens that Me Najwa El Haïté pleaded for a reclassification of a case resulting in a first classification without further action in June 2020.
To put it simply, on December 9, 2019, Mokhtar Allouache received several stab wounds. The investigation opened in December of the same year specifies that the violence carried out with knives did not result in any incapacity for work. The victim refuses to give the identity of her attacker for fear of reprisals.
In March 2021, Mokhtar Allouache decided to mention the names of his attackers in a letter addressed to the public prosecutor.
It was in January 2022 that the procedure was closed. 4 months later, the same public prosecutor opened a judicial investigation against an unnamed person for having voluntarily committed violence which did not result in any total incapacity for work.
Concerning the ITT, the prosecution persists and signs. On June 11, 2024, the investigating judge issued an order dismissing the case.
At first glance, the matter appears indeed complex. All the ingredients are there. An attack, fear, silence, then the irrepressible desire to see justice triumph.
The investigating judge at the time noted a change in the version that occurred several months after the events. No video surveillance search was carried out.
For the legal counsel, Mokhtar Allouache did not lie during his initial complaint. “He did not wish to denounce his attackers for fear of reprisals against him and his family”
In this case, there were hearings of course. The knife attack has never been denied. Several hearings were not taken into account in the procedure. However, they seem to provide some answers.
In the cafes, the people you meet, the brothers from this or that family, everyone brings a version.
In fact and certainty, the knife attack did take place and the name of the alleged perpetrator seems to be well targeted.
And then there are anonymous letters also with repetitive and characteristic mistakes.
One of the major elements remains the mention of violence which did not result in any total incapacity for work. This statement alone sets the quantum of a possible sentence and especially the qualification.
And then there are the reports and clinical examinations in hand, in particular a psychiatric expert report which contradicts “the words of the accused who wish to make him appear crazy”, all accompanied by witnesses who say they “know the truth , but do not wish to give it”
Additional information requested
In view of the elements put forward by the lawyer, Mr. Allouache’s defense asks the Court to reform the order of the investigating judge of June 11, 2024 in that it declares a dismissal of the case, to order an additional of information in order to be able to hear a key witness in this case and lastly, and not least, to reclassify the charge of offense by adding having voluntarily committed violence resulting in total incapacity for work for 10 days, following the use of a weapon in this case, by having struck him several times, particularly in the chest and thigh.
A six-year-old attack resumed by the Parisian cabinet
The case is above all and first of all a violent attack with a knife in the heart of Nogent-sur-Oise. The victim: an elected representative of the Republic, who still sits on the municipal council of his city, in the majority. It is therefore Mokhtar Allouache. His name regularly comes up in court cases, particularly in recent months and years in lawsuits filed for defamation and malicious writings.
Since then, the Nogentais elected official has continued to struggle in a maze of justice while constantly asserting that he considers himself “the only victim”.
He received several stab wounds in 2019. His case was investigated, the statements collected, in short, seemingly normal treatment. For several months, the file has been in the hands of a Parisian firm and Maître El Haïté took the time to study in depth the affair of this elected official of the Republic who, until now, did not seem to interest many people. . The prosecution at the time was led by the prosecutor also at the time, Jean-Baptiste Bladier.
For the record, it is this same prosecutor, now stationed in Meaux, who took an interest in the chief magistrate of Nogent-sur-Oise in the context of the landfill affair on the heights of Nogent. Jean-François Dardenne, who did not hesitate in the municipal council to name the one he considers to be the cause of his setbacks, also seems to be at the origin of the difficulties of the elected Allouache.
However, at first glance there does not appear to be a link between these two files. At first glance.
Concerning the Allouache file, since the Parisian firm took over the file, the procedure is undeniably moving forward. Initially, the decision rendered in Senlis to dismiss the case was appealed. And this was examined in a hearing at the Amiens Court of Appeal a few days ago.
Me El Haïté, a criminal lawyer who is regularly seen appearing on television sets in programs dealing with investigations and justice, did not act half-heartedly during the Amiens hearing.
With the file in hand and supporting documents, she believes that the decisions taken appear to be “mind-blowing”. To form this conviction, she only bases herself on the facts, the law and the reports.
“Mr. Allouache was attacked in the exercise of his duties. This, the chief magistrate of Nogent-sur-Oise himself confirms, and this, in a public hearing of the municipal council.
Mokthar Allouache received a stab wound, a blade measuring 9 cm which passed, according to the forensic doctor who examined him, “less than a centimeter from the heart”. “I think my attacker wanted to kill me. What saved me was that the knife broke. There were several other blows,” assures the man, who today says he is experiencing this “dismissal” very badly.
Elements “erased” from the file
Several elements were erased in the initial procedure and this is where the problem lies. Firstly, the ITT. The total work interruption has disappeared from the file. However, it remains present in the report recorded in the Chantilly gendarmerie. “Why the Chantilly gendarmerie? Well quite simply because the Creil police station, at the time, did not want to register my complaint,” asserts Mokhtar Allouache with determination.
In this case, the prosecutor at the time who, it must be said, seemed saturated by the numerous attempts to meet this elected official, ended up sending him back on the ropes quite sharply.
“One day, while I was trying to explain in my own words the situation I encountered and the dangerousness of the people who did this to me, I received a call from the prosecutor who asked me to return to the Senlis court. I turned around and went to court. Some time before, I had just sent him documents through his registry, in particular a USB key containing recordings and videos. I tell myself that the prosecutor has read the documents and wants to hear from me. Arriving at the court, in the entrance hall, I found on the contrary a very angry person, who openly threatened me with prosecution, saying that I was harassing his services. The envelope that was returned to me contained the documents that I had just submitted, but also, and this, I found particularly shocking, my criminal record,” remembers Mr. Allouache as if it were yesterday.
This criminal record included convictions for defamation. “I understand it, but it was explained as my way of reacting to a non-reaction from the justice system. There was reason to be lost,” underlines the Nogentais.
Today with the involvement of El Haïté’s office, Mokhtar Allouache seems to be coming back to life. “I look forward to the decision on January 24.”
Me El Haïté also hopes that the Court of Appeal will move in this direction.
This is because she seriously argued with the Parisian lawyer and it was even possible to hear the tone rise in the room of the lost steps while the hearing was held behind closed doors.
Neither of us will have to wait much longer before knowing whether the battle for justice can resume on better foundations.
