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These conclusions contradict those of the first expert report, rendered in September 2017. A third was requested.
Le Monde
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• Updated
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By Louise Couvelaire
This is a new twist in the case of Sarah Halimi, a 65-year-old Jewish-Jewish retiree who was beaten and then defeated at the cry of "Allahu akbar! by his 27-year-old Muslim neighbor, Kobili Traoré, on the night of April 3 to 4, 2017, in Paris. On Wednesday, July 11, the investigating judge received the civil parties to notify them that a panel of three psychiatric experts had concluded that the alleged murderer of the former head manger was not aware of his acts at the time of the facts. and that his discernment was therefore abolished. This amounts to declaring him unfit to stand trial. These conclusions contradict those of the first expert appraisal, rendered in September 2017 by the renowned doctor Daniel Zagury. A third expert opinion was requested by magistrate Anne Ihuellou
Following a hearing of the suspect, the judge asked the three psychiatrists to conduct a new examination of Kobili Traoré. " What is really peculiar is that the defense attorney did not even ask for it, points out M e Gilles-William Goldnadel, lawyer of the sister of Sarah Halimi – Lucie Attal of her maiden name. I have seen instructions against him, but this is a case of exculpatory instruction.
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In a statement, Francis Kalifat, President of the Representative Council of Jewish Institutions in France (CRIF), indignantly stated: " We do not understand the obstinacy and procrastination of wanting to make this killer a madman, while he is an badbadin whose alleged dementia can not conceal hateful anti-Semitism. »« Nothing is definitive insists M e Caroline Toby, lawyer of the three children of the victim . We may request that an expert of our choice be badociated with this new expertise or request another expert . "
" Inaccessible to Penalty "
By an order dated 4 April – the anniversary of the murder – the three experts were asked to answer questions such as: " To say if the subject has mental or psychic abnormalities and if so, to describe them " and " ] specify whether the person concerned was at the time of the facts of a psychic or neuropsychic disorder having abolished / altered his judgment or the control of his acts ". Two interviews were conducted: the first, lasting two hours on 24 May, by two of the psychiatrists and a second, lasting two hours and thirty hours on 7 June, with the third expert.
" Yes "they answered the first question in the psychiatric report of 29 pages that Le Monde was able to consult in its entirety:" Kobili Traoré suffers from a chronic psychotic disorder, presumably of a schizophrenic nature, following an inaugural acute delusional episode. He also suffers from an old addiction to cannabis ". He also has a " anti-social pathological personality " (inability to comply with sosiclaes norms, impulsiveness, irritability, aggressiveness, irresponsibility …) and a propensity to violence.
« Yes "they also decided on his discernment: he was" abolished ". Kobili Traore is " inaccessible to a criminal penalty ," they say, stating that the care will be " long and difficult ": " We can only note the extreme dangerousness of this patient that we consider, alas, as durable outside a psychiatric environment ". Interned in psychiatric hospital since the night of the tragedy, the young man is, since July 2017, indicted for "homicide voluntary". But it was not until the end of February, after a second hearing of the suspect by Judge Ihuellou, that the antisemitic character was retained. What the civil parties and the prosecution had been asking for months
"A prejudice turns into hate delusion"
The first expert had concluded that Kobili Traoré, without a psychiatric history, was reached, at the time of the facts, 'an' acute delirium 'caused by heavy cannabis use – about 15 joints a day, according to the suspect's statements. According to Daniel Zagury, his discernment was "altered" but not "abolished" an opinion that made him liable to criminal prosecution.
The psychiatrist had also concluded that the crime of Mr. Traore was a "delusional and anti-Semitic act" . And to clarify: "Today, it is common to observe, during delusional blooms [en psychiatrie, perte de contrôle lors d’une phase délirante] among subjects of Muslim religion, an anti-Semitic theme: the Jew is on the side of evil, the evil. What is usually a prejudice turns into delusional hatred. (…) In his delusional upheaval, it is the incarnation of the devil that he broke down.
On the conclusions of Dr. Zagury, the panel of three experts states: "We are in full agreement with the diagnosis of acute psychotic state and with the badysis of the anti-Semitic dimension of the gesture" even if, they say, "we do not think that it was determining in the psychopathological process of the pbadage to the act" :
"We would say in summary that Mr. Traoré was at the moment of the facts, because of the pregnance of delirium, a barrel of powder. But that Madame Attal's Judaism consciousness played the role of the spark.
The "alone" disagreement between the two expertises relates to "the medico-legal consequences of cannabis use": " The peculiarity of acute delirium of Mr. Traoré is the potentially triggering role of cannabis . The question therefore arises whether it is a disorder induced by cannabis or if cannabis has played a precipitating role of delirium. "Dr. Zagury considered that his excessive use of cannabis was" conscious and voluntary ". For the three psychiatrists, this was not the case. The existence of induced delusions occur at large doses and " amends as soon as cessation of intoxication ".
However, they point out, the levels of THC (the active ingredient of cannabis) in the suspect's blood were moderate – which does not correspond to the consumption alleged on the day of the tragedy – and his delusions persisted " long after the cessation of intoxication ". For the college of experts, cannabis use did not induce an acute crisis but only aggravated a psychotic process already begun.
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