New twist in the case of the auction of the Gachon farm, in Mauvezin-sur-Gupie, in Lot-et-Garonne. Three days after the last minute offer of a surprise buyer, his lawyer Maître Alexandre Novion indicates to “Sud Ouest” this Friday, July 4 that his client, a 79 -year -old Marmandais retiree, will withdraw. “My client wants to throw in the towel. He absolutely does not want to continue this acquisition. »»
And the Bordeaux criminal lawyer to confirm the testimony of the buyer in our columns: “He is very clear about the fact that he absolutely did not know the existence of this grandson who wants to resume exploitation. He did not know the situation of this family, and he truly realizes that there is a moral problem. He would never have done anything to prevent a young man who fights to take over the property of his grandfather. His position is therefore extremely clear. He withdrew. »»
On June 19, rural coordination (CR) 47 and the Chamber positioned themselves, with the complicity of SAFER (land development and rural establishment company), during an auction to recover this family farm placed in compulsory liquidation to resell it to the young man and avoid the expulsion of his grandparents. The plan seemed to have worked. No one had purchased, after pressure from CR. And the Safer, after several decreases in the courtroom, had won the bet for 10,045 euros. A bite of bread for a 35 hectare farm and its buildings. The 10 % overbidding (11,050 euros), at the last minute, of the retiree broke the dream of Lucas Wafflart to exploit family land.
Highlight an auction is illegal
“He is an angry man but above all extremely injured and very worried that I had on the phone”
Put under pressure from rural coordination 47 which delivered his name, the Marmandais retiree has been, for three days, the subject of insults and threats. On social networks of course, but also on the phone with anonymous calls. “My client was dragged into the mud everywhere. He is an angry man but above all extremely injured and very worried that I had on the phone. We have treated him with scavenger, jackal, stinking beast, old bastard, ignoble things and more or less open threats, ”is indignant Master Novion who asks that all ceases. And to specify that “it is the story of the grandson who wants to take over his grandfather’s farm not the threats that made him see his position again. »»
The buyer now hopes that things will calm down. He does not intend to continue the perpetrators of the threats. “But if it continued, I would be forced to file a complaint with the public prosecutor for threats, insults, defamation, deliberate endangerment of others, because we are there today with social networks,” warns the Bordeaux lawyer.
Anonymous calls in the middle of the night
Lucas’ dream could therefore come true again. But the story could stop there. Because hindering an auction is illegal.
The Agen Court of Appeal, in a statement this Friday, July 4, recalls that the procedure for public auction, still in progress before the Agen court, must be exercised “in compliance with the legal provisions in force”. Pierre Sennes, Attorney General and Stéphane Brossard, first president of the Court of Appeal, also underline “that in application of article 313-6 of the code criminalthe fact, in a public auction, to hinder or disturb the freedom of auctions or submissions, by violence, assault or threats is a correctional offense punishable by a sentence of Six months’ imprisonment and 22,500 euros fine. “”
Likewise, legally, an bidder cannot withdraw. “The procedure will go to an end. If he wants to backtrack, it is simply necessary to bid on the day of the sale [qui doit être programmée entre septembre et décembre, NDLR]. And that SAFER, if it is again present and leaving, is overbidding, “said Me Arnaud Yansounou, lawyer for the septuagenarian present on June 19 in the court.
Which, in turn, evokes many anonymous calls received in the middle of the night. “What CR 47 did is not legal. My email box is full of messages… in a few hours, I had a very bad opinion on the internet. And, of course, one morning, I had a call from a person from CR 47 asking me to dissuade my client. Despite this, the council does not plan to file a complaint.
