Bettencourt case: wiretapping of N. Sarkozy validated by the Court of Cassation

The former head of state is suspected, with the help of his lawyer, of having tried to influence a court decision concerning him.

The listening to Nicolas Sarkozy were validated by the Court of Cassation, Tuesday, March 22, in the Bettencourt case. Justice rejected the appeal of Nicolas Sarkozy, suspected of having tried to obtain information covered by secrecy, in a procedure concerning the seizure of his diaries. Recall of facts.

What is it already, the affair of listening to Nicolas Sarkozy?

In April 2013, justice opened a judicial investigation to determine whether Libya participated in the financing of Nicolas Sarkozy's presidential campaign in 2007. As part of this investigation, the magistrates decided to place the former president on wiretapping. The investigators then discover that Nicolas Sarkozy has a second telephone, acquired under the name of Paul Bismuth. They therefore undertake to also monitor this device and learn that it allows the former resident of the Elysée to exchange discreetly with his lawyer, Thierry Herzog.

These wiretaps lead to the indictment of Nicolas Sarkozy, for "concealment of violation of professional secrecy, active corruption and active influence peddling". He is suspected, with the help of Thierry Herzog (also indicted), of having tried to influence a court decision concerning him, via a senior magistrate of the Court of Cassation: Gilbert Azibert. In exchange for these services, Nicolas Sarkozy is said to have promised the latter to use his influence to obtain a prestigious post for him in Monaco.

Have all the listenings been validated?

No. The Court of Cassation canceled the transcription of a listening session between Thierry Herzog and the President of Paris at the time, Pierre-Olivier Sur. According to the first Advocate General François Cordier, the conversation had been transcribed wrongly, because its content is not sufficient in itself to suspect Thierry Herzog of having participated in the offense.

But the conversations between Nicolas Sarkozy and his lawyer therefore remain in the file as evidence. In several of these exchanges, the two men evoke a "Steps" with Monaco in favor of Gilbert Azibert. 

>> Discover the content of Nicolas Sarkozy's listening

What sigdenies this decision for Nicolas Sarkozy?

The rejection of Nicolas Sarkozy's cassation appeal "is tantamount to maintaining his indictment for influence peddling and corruption", explains Dominique Verdeilhan, legal columnist for France 2. The examining magistrates have now completed their investigation and the president of the Republicans could be referred to a criminal court.

The three counts retained – active corruption, active influence peddling and concealment of violation of professional secrecy – could be worth to Nicolas Sarkozy, in the event of prosecution and conviction, up to ten years in prison and 375.000 euros in fine. An additional penalty providing for the forfeiture of civil and civic rights would also be possible.

In addition, the Court of Cassation's decision further darkens the legal and political situation of the former head of state, indicted in February for illegal financing of his 2012 presidential campaign. Nicolas Sarkozy's participation in the right-wing primary next November could thus be compromised.