In early September, Wavre police therefore led this operation. And Thierry, 33, had been stuck to get involved on the tracks. For this offense of the fourth degree, Gembloutois risked between 320 and 4,000 euros fine and 8 days to 5 years of forfeiture of the right to drive.
In court, he had chosen the lawyer Christophe Redko.
The file included only a report. A PV, however, as we can see little.
While “lacked zeal”, a civil servant was fired: “a round-of-the-head in the service of administrative sanctions”
Technically, Thierry was quoted to appear for, “In Wavre, on September 4, 2024, to be committed to a level crossing while the sound signal works and the flashing red lights are on”.
This is what is written in the quote.
Date of the offense? According to the quote: September 4, 2024. “But in the minutes, the verbalizing, had mentioned:” The year 2024, September 5, at 4:41 pm “.
The policeman continued: “On the aforementioned dates and hours, sums of faction, in civilian outfit, as part of a special action in level 36 of line 139, rue Provincial at 1300 Wavre, where we see an illegal crossing of level crossing by a vehicle driver”.
“The court considers that there is a doubt, which must benefit the accused”.
GOOD. So the PV indicates “September 5, 2024 at 4:41 pm”, while the prosecution, it dates the offense at: “4” September. Stupid distraction error? Except that it continues nicely to beat the butter.
As for the time then, the PV therefore started by indicating “4:41 pm”. But at the next line, “4:41 pm” becomes “1:21”. Indeed : “This day at 1:21 p.m., note that the said level crossing is in the closure phase, the vehicle driver crosses it while the sound signal sounds and the red lights flash. We are unable to challenge the driver. We note its brand of registration.”
And it’s still nothing. The scraper has not finished.
Nathalie appeals after 40 years without having seen her father: “Who knew my dad Michel Poriau who was a postman?”
He leaves more beautiful to specify the place of the offense. At the start of the PV, the policeman mentioned the “Passage à level located rue Provincial at 1300 Wavre”.
In the following paragraph, the level crossing becomes that of… Chaussée de Brussels, distant from … 1.6 km!
Bingo! So much inaccuracies did the business of the lawyer Redko who could plead that the offense accused of his client is described in a report of observation where “Neither the place nor the hour or even the day are mentioned in a certain way”. And this while his client, when he was summoned to the police station, had strongly challenged that he had recklessly committed.
The decision
In detail of her judgment, the Wavre police judge concludes that “Given the errors in the initial report and the inconsistencies, the court considers that there is a doubt, which must benefit the accused”.
And Thierry is acquitted. The thirties could thank the distraction of this police officer in road safety operation who, on “4” or “5 September 2024, at” 1:21 p.m. or “4:41 p.m.”, certainly in Wavre but was wearing Brussels or Provincial Street, mixing the brushes, had the mind elsewhere, head in the clouds. And the court, moreover, put all the costs of the state trial. The state, that is to say: all of us!
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