In Corsica, an investigating judge challenged for “lack of impartiality”

In an order signed on January 17 and consulted by AFP, Hélène Davo, first president of the Bastia Court of Appeal, notes that "several elements could have led to a legitimate doubt being raised about the bias of the investigating magistrate", Eric Métivier, who “contests any bias”.

The case, revealed by the daily Le Monde, began on January 17, 2023. Guillaume Marcellesi, son of Jean-Noël Marcellesi, hotelier and luxury real estate developer in Corsica-du-Sud, was found by the gendarmes "seriously injured" in a friend's bodywork in Porto-Vecchio.

He says he was attacked by two men, Anthony Bornea and Pierre Battesti, with a fire extinguisher, reports a decision of the investigating chamber of the Bastia Court of Appeal.

Assessment for the 34-year-old man: “pneumothorax” (lung damage), multiple wounds to the face and one leg, as well as “many broken teeth” with 30 days of total incapacity for work (ITT).

A dental surgeon will express "significant reservations about the future of all of the teeth" in view of "the severity of the attack", which was captured by video surveillance.

Questioned, Guillaume Marcellesi assures that Anthony Bornea had “already threatened his father during the summer of 2021”, “ordering him to withdraw from a business”, the acquisition of an “exceptional” residence composed of 26 apartments “with breathtaking views of the lagoon” for several million euros in Piantarella (Southern Corsica), “under penalty of reprisals”.

Another Corsican entrepreneur, Paul Canarelli, owner of the luxurious Murtoli estate and brother-in-law of Anthony Bornea, associated with Philippe Godeau, Pascal Grizot and Jean-Claude Tafani, was among the other investors potentially interested in buying this complex, according to the hearing of the victim's father.

This version is contested by Paul Canarelli, who also denies that his brother-in-law exerted pressure.

But a witness assured that Anthony Bornea had already come “in 2022 to dissuade him from being a financial partner of Jean-Noël Marcellesi in the Piantarella operation”. The day after the attack on Guillaume Marcellesi, continued this witness, Mr. Bornea returned to see him, asking him to dissuade the victim's father from filing a complaint, under penalty of "consequences".

“Attempted murder with premeditation”

Placed in police custody on January 19, Anthony Bornea disputed these accusations and claimed to have hit Guillaume Marcellesi "with his fist" without explaining the seriousness of the victim's injuries.

“Homophobic comments” made by the victim against his eldest son were at the origin of the confrontation, according to him.

Anthony Bornea and Pierre Battesti were indicted for “premeditated attempted murder of Guillaume Marcellesi”.

Anthony Bornea was also placed under the status of assisted witness for "attempting to obtain by violence, threats of violence or coercion (..) the renunciation of the acquisition of a real estate complex", all "in an organized gang ".

For the investigating chamber, Anthony Bornea "was curiously and very quickly placed under this status of assisted witness". In a judgment delivered on November 29, she will remind the investigating judge that "the principle of an investigation for the prosecution and the exculpation obliges him".

Several acts requested by the civil parties were refused by the investigating judge, which notably motivated the filing on December 18 of a request for disqualification by the lawyers Me Margaux Durand-Poincloux, Me Valérie Vincenti and Me Gaëtan Di Marino .

Eric Metivier ordered the release of the two suspects in May, July and October, considering in particular that "the murderous intent could not be established". Each time, the prosecution appealed and each time the investigating chamber ordered their continued detention, only agreeing, in October, to place Mr. Battesti under judicial supervision.

From now on, another investigating judge will resume this investigation, specifies the order of recusal.

In another assassination attempt, judge Eric Métivier is also criticized by the suspect in the case.

“Joseph Mocchi, who has been confronted for 18 months with almost systematic rejections of all the requests necessary for his defense, questions (..) the neutrality of the actors in this case,” his lawyers told AFP. Emmanuel Molina and Me Charlotte Cesari.