French judges on Monday postponed the corruption trial of former president Nicolas Sarkozy until November 26 to assess the health of one of his co-defendants.
Sarkozy was set to go on trial Monday for attempted bribery of a judge in what could turn into a humiliating postscript to a political career tainted by a litany of legal woes.
The ex-president, along with his lawyer Thierry Herzog and judge Gilbert Azibert, are accused of corruption.
A lawyer for Azibert asked for the trial to be suspended because his client was at high risk of contracting Covid-19 given a long-term heart condition.
The judges ordered an independent medical assessment by Thursday before deciding whether to go ahead with the trial or suspend it.
Though Sarkozy won’t be the first modern French head of state in the dock – his predecessor and political mentor Jacques Chirac was convicted of embezzlement – he is the first to face corruption charges.
Former French president Sarkozy has fought ‘tooth and nail’ for corruption case to be dropped
Sarkozy fought furiously for six years to have the case thrown out, denouncing “a scandal that will go down in history”.
“I am not a crook,” the 65-year-old, whose combative style made him one of France’s most popular politicians, told BFM TV this month.
Prosecutors say Sarkozy promised Azibert a plush job in Monaco in exchange for inside information on an inquiry into claims that Sarkozy accepted illicit payments from L’Oréal heiress Liliane Bettencourt for his 2007 presidential campaign.
Their case rests in large part on wiretaps of phone conversations between Sarkozy and his longtime lawyer Herzog, which judges authorised as prosecutors have also looked into investigating the suspected Libyan financing of Sarkozy’s 2007 campaign.
That inquiry is still underway, though Sarkozy caught a break this month when his main accuser, the French-Lebanese businessman Ziad Takieddine, suddenly retracted his claim of having delivered millions of euros in cash from Libyan dictator Muammar Gaddafi.
Sarkozy and Herzog have assailed the taps on their phones as a breach of client-attorney privilege, but in 2016 a top court upheld their use as evidence.
Charged with bribery and influence peddling, Sarkozy risks a prison sentence of up to 10 years and a maximum fine of €1m.
Herzog, a leading member of the Paris bar, faces the same charges as well as that of violating professional secrecy. The trial is expected to last three weeks.
Investigators discovered that Sarkozy used an alias – Paul Bismuth – to buy a private phone for conversing secretly with his lawyer.
On around a dozen occasions, they discussed reaching out to Azibert, who as well as being a top French judge was also a general counsel at the Cour de Cassation, France’s top appeals court for criminal and civil cases.
Prosecutors say Azibert was tasked with obtaining information from the court lawyer in charge of the Bettencourt inquiry, and to induce him to seek a verdict in Sarkozy’s favour.
In exchange, Sarkozy would use his extensive contacts to give “a boost” to Azibert’s efforts to secure the cushy Monaco post.
“I’ll make him move up,” Sarkozy told Herzog, according to the indictment by prosecutors, who compared his actions to those of a “seasoned offender”.
But later, Sarkozy appeared to back away from approaching the Monaco authorities on Azibert’s behalf – a sign, according to prosecutors, that the two men had been tipped off about the wiretaps.
“Mr Azibert never got any post in Monaco,” Sarkozy told BFM television this month – though under French law, just an offer or promise can constitute corruption.
Still in the limelight
Sarkozy, a lawyer by training, claims the French judiciary have been waging a vendetta against him as payback for his attempts to limit judges’ powers and telling them they were being too soft on delinquents.
Regardless of this trial, he will be back in court in March 2021 along with 13 other people over claims of campaign finance violations during his unsuccessful 2012 re-election bid.
Prosecutors accuse Sarkozy’s team of using a fake-invoices scheme orchestrated by the public relations firm Bygmalion to spend nearly €43 million on the lavish run – nearly twice the legal limit.
The long-running legal travails helped sink his comeback bid for the 2017 presidential vote, but Sarkozy has surfed on a wave of popularity since announcing his retirement from politics in 2018, pressing the flesh with enthusiastic crowds at public appearances.
Lines of fans queued over the summer to have him sign his latest memoirs, “The Time of Storms”, which topped best-seller lists for weeks.