Me Maxim Töller, lawyer for Marc Tarabella, told the Belga agency on Monday that he will await the decision of the Brussels Court of Appeal on his request for the recusal of the examining magistrate Michel Claise.
It is important to us that any trace of violation of the presumption of innocence disappears from the file, ”commented the lawyer.
Me Maxim Töller suspects the examining magistrate Michel Claise of having violated the presumption of innocence of his client in the investigation into alleged acts of corruption within the European Parliament. He requested the judge’s recusal on Thursday. Within the legal period of 48 hours, Judge Claise communicated to the federal prosecutor’s office his decision not to withdraw from the investigation. This means that it is now the Brussels Court of Appeal that will have to rule on the matter within the next 8 days.
“The position of the investigating judge was expected, but we have not yet taken note of this decision and its motivation, since it is communicated only to the federal prosecutor’s office. The investigating judge has the right to argue. As he has not withdrawn, the case automatically goes to the Court of Appeal. Then, we will possibly have a procedure before the Court of Cassation”, indicates Mr. Töller.
Marc Tarabella’s counsel wishes to see any element that would indicate a violation of his client’s presumption of innocence removed from the file.
“We do not wish to see in the file, and in particular in the arrest warrant, any trace of violation of the presumption of innocence. Any trace of violation of the presumption of innocence must disappear. The investigating judge indicates in the arrest warrant that Mr. Tarabella changed his position on Qatar when suspicious movements of money were detected. The judge’s position is affirmative and violates Mr. Tarabella’s presumption of innocence, ”adds Mr. Töller.
This article is originally published on sudinfo.be
