By Laurent Derne
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His word is rare in this case. She only has more weight. On leaving the hearing of the investigating chamber (Chins), Tuesday, June 28, at the Toulouse Court of Appeal, which was examining a possible conditional release of Cedric Jubillar accused of the murder of his wife Delphine, Me Laurent Boguet gave his opinion on the ongoing investigations.
L’children’s lawyer of the Jubillar couple, Louis and Eliyawonders about “the lies” by Cédric. The lack of enthusiasm and assiduity he puts into writing to his children. And slips the banana peel of a possible premeditation. Interview.
News: How is Cédric’s phone an important element in this case?
Master Laurent Boguet: Because it allows Cédric Jubillar to be caught in the act of lying. He explains that his phone ran out of battery on the evening of December 15 to 16, 2020 (the night of Delphine’s disappearance, editor’s note). But since he had to get up the next day to go to work, and his phone acts as an alarm clock, he then indicates that after recharging it, he put it in airplane mode. And this is a lie.
How do we know?
Master Laurent Boguet: Very objectively, the mediocre quality of this phone has never allowed analysts to discriminate between a power down due to a battery cut or a voluntary cut. Other phones of better quality would have made it possible to do so. But experts have investigated. If this phone had been put to charge at night, as Cédric Jubillar claims, it would have presented a very different charge index the next morning. So it may have just been cut off.
“Experts have proven that Cédric Jubillar’s phone was not in airplane mode, the fateful night, but well cut. So he is lying”
Cédric Jubillar assures that he put it in airplane mode so that the alarm clock rings in the morning…
Master Laurent Boguet: Yes, but the problem is that analysts say that this phone remained off, at the most strategic times of the evening. And not just in airplane mode. They went further because this cut of the telephone is quite unusual. Cédric Jubillar is part of the generation that decided to make it an extension of his hand. He is constantly on it.
Master Laurent Boguet: That this phone is cut off in a worrying way, from around 10:30 p.m. until 4 a.m., when he turns it back on to frantically call Delphine without getting an answer and then call the gendarmes. Until then, the phone was off. He claims otherwise. Why is he lying? We can’t help but fear that this shutdown corresponds to a moment when he didn’t want to be spotted at all. Either by the use he would have made of his telephone; or by a triangulation system, by the investigation services.
“We can even fear a form of premeditation”
Is this one of those famous serious and concordant clues on which justice relies to keep Cédric Jubillar in detention?
Master Laurent Boguet: Cédric Jubillar’s phone is cut off before 11 p.m.: by pushing the hypotheses, we can even fear a form of premeditation. Four different witnesses describe that in fits of anger he was able to say, ‘if she ever does it to me upside down, I’ll kill her and bury her in a place where her body will never be found’. The question of anticipation, not to say premeditation is raised (Cédric Jubillar is indicted for aggravated murder. Premeditation or not, he already incurs the maximum, ie life imprisonment, editor’s note).
“This justice is starting to scare”, alarmed the defense lawyers
They argued at length, behind closed doors, before the magistrates of the investigating chamber. And are now awaiting Monday’s deliberation. Without having too many illusions? “We continue to deconstruct this case. We knew it would be a marathon. We will not be discouraged,” said Alexandre Martin as he left the hearing.
How did they find their client? “Very affected. This man has been in pre-trial detention for a year, a year in solitary confinement, a year that his only visits are those of his lawyers, and two outings a day, with wire mesh on the sides, of the fence above his head, a year that he has not seen the sun”, asserts Me Jean-Baptiste Alary.
How do they view the current procedure? “It’s the justice that is starting to scare. The justice that we fear for our family and loved ones, which analyzes all the elements as being dependent, even if it means contradicting itself, even if it means lying. It’s this justice which we have known for a year now, that it can only lead to disaster. A disaster for the truth. A disaster for Delphine’s family and loved ones. Because with this way of doing things, we are sure of ‘to arrive at a miscarriage of justice more than to approach the truth”, slice Me Emmanuelle Franck.
Me Martin loose, caustic: “Every time we come to plead the request for the release of Cédric Jubillar, we are taken out of the research. The last time, it was drones in Cagnac. Today, the gendarmes take over the excavations ‘discreetly’ at the bottom of the cemetery…”. Coincidence? “Perhaps, but this research can be done with Cédric Jubillar outside”.
The scenario of the marital dispute that goes wrong against a background of revealed adultery no longer holds the rope in your eyes?
Master Laurent Boguet: This supposed freakout is a working hypothesis. But she’s not the only one. At the same time, we see that Cédric Jubillar resorted to a form of violence, before this evening. He had put Delphine’s activities on hold to check whether or not she had a lover. There has been some work by Cedric Jubillar to try to confuse Delphine over her alleged infidelity and why she allegedly did it.
“It is out of the question that they leave me, once again…”
What is your reading of a hypothetical acting out?
Master Laurent Boguet: In the judicial analysis of the serious and concordant indications, one perceives the reinforcement of a certain number of elements. Mobile first. The psychological and psychiatric expertise allows us to consider that the profile of the person concerned is compatible with a motive based on a background of abandoned experience. Clearly, ‘it is out of the question that they leave me, once again’. This element is not essential, but it can count.
There are objective elements in this file, investigations which actually allow us to fear that Cédric Jubillar could have killed his wife. Even in the absence of a body, even in the absence of a confession. Especially since, in my view, guilt based on the sole confession of an accused is of little interest.
“Cédric Jubillar has the possibility of writing to his children from prison. The least we can say is that he uses it quite moderately…”
The search has resumed on the ground, in Cagnac-les-Mines, to try to find the body of Delphine Jubillar. Your feelings on this?
Master Laurent Boguet: As a lawyer in charge of the couple’s children, I encourage these steps. They will provide answers to the judicial institution. If a body is found, it is to proceed with its examination. Beyond all that, it could make it possible to restore their mother to these children, whatever the state, and to accomplish a work of mourning which, as you can imagine, is impossible for the time being.
“These children are missing both parents”
The children no longer have contact with their father?
Master Laurent Boguet: I said it, I repeat it. There is no obstacle in principle to Cédric Jubillar, from the place where he is detained, being able to have sporadic literary exchanges with his children. The least we can say, and I’m not trying to overwhelm him by telling you this, is that he uses it quite moderately (according to our information, he only sent them three letters in the space of a year, editor’s note).
How are Louis and Elyah? Do they ask to see it?
Master Laurent Boguet: At the heart of this Racinian tragedy, the children are taken care of at the psychological and psychiatric levels. It is the medical profession that makes recommendations – not to say restrictions – in relation to a situation that is extremely painful. I don’t claim any sort of expertise in the matter. Formally, they do not ask to meet their father, I am thinking in particular of Louis. Elyah is still old enough to express it in a much more basic way.
Apart from the feeling of lack and the desire to meet him, they are curious to know how he evolves, how he lives, what he eats. So many children’s concerns that reflect a lack. Obviously, these children today are missing both parents…
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