Cédric Jubillar was recently heard by the judge of freedoms and detention. As a reminder, the lawyer leaned towards keeping him in prison. The opportunity for Gala.fr to speak with one of his lawyers, Maître Jean-Baptiste Alary, about this latest legal decision.
The night of December 15 to 16, 2020 definitely marked the life of the Jubillar family forever. That evening, Delphine, mother and nurse, mysteriously vanished without leaving a trace. Leaving behind her, her loved ones, her children and her lover, without answers. Cédric, her husband, was incarcerated in the Seysses remand center for six months, palmost day for day, after this disturbing evening. Main suspect in this disappearance, but still presumed innocent by the courts, the father of the family still claims his innocence today.
Recently, Cédric Jubillar also met the judge of freedoms and detention with a view to being released. A hope quickly swept away by justice but to which his lawyers appealed. For the occasion, Gala.fr spoke with one of his three lawyers, namely Maître Jean-Baptiste Alary, in order to reconsider this last court decision.
Gala.fr: What do you think makes what is called the Jubillar affair so publicized?
Master Jean-Baptiste Alary: There is a whole context. That is to say that when Delphine Jubillar disappeared, it was mid-December 2020 and she was a nurse when we left the Covid, she is the mother of two children, we are a few days away from Christmas. Then, there is also a phenomenon which is that at that time, on a media level, apart from the vaccine and Donald Trump, we had nothing. So it is true that people and journalists quickly became passionate about this disappearance.
Then, the case evolved, we distributed information as it happened, so that there was also a phenomenon of episodes and identifications of everything to everyone. So there are several factors in my opinion.
Gala.fr: Cédric Jubillar recently been heard by the judge of freedoms. The latter decided to keep him in prison. What do you think of this decision?
Master Jean-Baptiste Alary: It is time for justice to reflect and be able to look honestly at the mistakes of the past. And that we really think about the meaning we want to give to the presumption of innocence.
Gala.fr: What asks you a question…
Master Jean-Baptiste Alary: What relationship do magistrates have with the prison? Everything is jail. Today the prisons, the detention centers are totally overwhelmed because the magistrates have this culture of imprisonment. Today, I do not understand how anyone can – with a little bit of honesty and intellectual rigor – tell us that there is a risk of pressure on witnesses, of loss of clues and material elements even that precisely Cédric Jubillar remained free seven months after the disappearance of his wife. There is a complete inconsistency. If he had to put pressure on witnesses or make evidence disappear, it would be at this time: between December 16, 2020 and June 16, 2021, the date of his placement in police custody. However, nothing happened! So this reasoning is totally absurd. Today, the judge of freedoms and detention draws the criteria of article 144 and they do a bit of everything and anything.
Gala.fr: In the past, you – along with Cédric Jubillar’s other lawyers – often pointed out the lack of evidence directly incriminating your client in Delphine’s disappearance. Why do you think he is still incarcerated?
Master Jean-Baptiste Alary: I am not in the minds of the magistrates but the case has had a strong media impact, and today the magistrates, perhaps, are struggling or are afraid to backtrack and say: “Well listen, finally we release him“. What could be perceived, in the population, as an admission of failure. Whereas it is not so. The judge of freedoms or the room of the instruction can completely release a person indicted that doesn’t mean there’s no charge against her, so I think they’re just having a hard time backtracking.
Gala.fr: Is it due to the fact that for many people following the case, Cédric Jubillar is the main suspect, and therefore, in their eyes, the only culprit?
Master Jean-Baptiste Alary: The problem is that the common opinion does not know the file [dans son intégralité, ndlr]. If the common opinion knows something to which the investigators and the justice do not have access, then why not. Everyone is free to think what they want. But maybe we’ll settle this before an Assize Court one day, which I don’t want. Then, when the arguments of the defense will be publicly exposed (since today we are forbidden this publicity before the judge of the instruction and the room of freedoms), it is very possible that the public opinion begins to waver in its certainties.
Gala.fr: How is Cédric Jubillar? What is his state of mind?
Master Jean-Baptiste Alary: After the last decision of the judges, he was disappointed, inevitably, it is obvious. He’s been incarcerated for a year, he’s been in solitary confinement for a year. Isolation is 22 hours a day in his cell, not being around anyone except the prison administration officers and his three lawyers and doing nothing. He can’t work, he can’t help out and distribute meals, he can’t do anything. Absolutely nothing to do. So, after a while, when it’s been a year since we reserved for this man the same regime that we reserved for Salah Abdeslam, for far more serious acts… He is in a psychologically delicate state.
Gala.fr: Regarding the many revelations about Cédric’s “difficult” behavior in prison: is this something that can play against him in this case?
Master Jean-Baptiste Alary: On the one hand, a personality does not make a criminal: it is a basic principle. On the other hand, what he is accused of is what allegedly happened on the night of December 15 to 16, 2020. Not what he did from June 18, 2021. After that he has attitudes that may not win over common opinion, why not, but that’s a trial of intent. That’s not why he’s in jail! This is not why he allegedly manipulates the gendarmes. They are large and numerous enough not to be manipulated like that. They are not naive, they are not stupid, that they do their job badly I think, but to imagine that Cédric Jubillar is manipulating the Toulouse parquet floor… You have to be serious at some point. Everything he said, everything he said has not been verified. Until proven otherwise, everything turned out to be nonsense. It only has credit because we bring it.
Gala.fr: As a lawyer, what do you hope for in the future in this case?
Master Jean-Baptiste Alary: As you can imagine… What I expect is on the one hand: that justice takes its responsibilities and that the judges have the courage to tell themselves that this case must be dealt with over the long term. That research must be carried out while Cédric Jubillar is free. That’s what I’m waiting for! We are waiting for that. Then the truth will come out, but today we have to respect the presumption of innocence and respect the fact that in this country the principle is freedom, and that detention is the exception. That’s all !
Cédric Jubillar remains presumed innocent of the charges against him until the final verdict of this legal case.
Photo credits: Screenshot / Facebook