A sentence greater than the first pronounced in the court of appeal. The mayor of Aix-en-Provence, Maryse Joissains-Masini (LR), was sentenced Monday on appeal to eight months suspended prison sentence and three years of ineligibility for illegal taking of interests and embezzlement.
Following a decision of the Court of Cassation, the Montpellier Court of Appeal ruled a second time, but only on the sentence of the elected because she had already been found guilty of the facts for which she was being prosecuted.
Maryse Joissains-Masini will again appeal in cassation, announced Monday her lawyer Me Mario-Pierre Stasi. This appeal suspending the sentence that has just been pronounced, she therefore remains mayor of Aix-en-Provence, a position she has held for 19 years, and vice-president of the metropolis.
A “trial of clientelism”
“I am surprised and outraged by the decision rendered today by the Montpellier Court of Appeal. As I am used to it, I immediately resume the fight and I asked my lawyers to appeal in cassation ”, reacted Maryse Joissains-Masini in a press release.
“I hope that the forthcoming judgment will take into account the case law of the European Court of Human Rights which takes into consideration the legitimacy of an elected official. As far as I am concerned, I have been elected four times, including twice by an electorate who was fully informed of the alleged facts, ”she added.
At the heart of the matter: the promotion of a driver, since canceled by the Council of State, and the hiring in the community of municipalities of an employee in charge of animal protection, while this area did not fall within the remit of this community.
During his indictment, Advocate General Pierre Denier had estimated in October that it was about the “trial of clientelism”. Maryse Joissains’ driver was promoted to category A administrative manager when he was 46th on the promotion list.
A first sentence of six months in prison
At the end of May 2019, Maryse Joissains-Masini was sentenced by the Montpellier Court of Appeal to six months suspended prison sentence and one year of ineligibility.
The Court of Cassation quashed this conviction, ruling that the Montpellier Court of Appeal had committed an error in law by pronouncing the sentence of ineligibility of the elected “on the grounds that it was mandatory on the basis of article 131-26-2 of the Penal Code ”. However, “at the date of the facts” alleged against Ms. Joissains, “this article did not exist and the additional penalty of ineligibility was only optional”.
Thanks to this cassation, Maryse Joissains was able again to run for mayor of Aix and be re-elected as mayor of this city of 142,000 inhabitants last June.
Bastion of the right since 2001 with Maryse Joissains, Aix-en-Provence had previously been ruled for 12 years by a socialist mayor, Jean-François Picheral. Alain Joissains, husband of the current city councilor, had been mayor of the city from 1978 to 1983. Their daughter Sophie is deputy mayor of Aix and UDI senator of Bouches-du-Rhône.
Original article by : www.leparisien.fr
