Four years after a first verdict, the Assize Court of Seine-Saint-Denis is looking again, from this Monday, on the tragic death of Saïd Bourarach. Rather rare step, Dan Lampel, condemned, in his absence, to 9 years of imprisonment in March 2015, asked to be retried.
In March 2010, to escape his attackers, Saïd Bourarach, security guard at the Batkor store in Bobigny, jumped into the Ourcq canal and drowned. The four accused had been sentenced to terms of 4 to 9 years in prison. Feeling the wind turn, Dan Lampel and his uncle Lucien Dadoun fled before the verdict. Lampel had taken the first flight to Israel.
Extradited from Israel in January
Not without difficulty, the French state succeeded in obtaining his extradition last January. The accused had taken refuge in the coastal city of Netanya, where he was quickly caught by the courts for a narcotics case. When France requested his extradition in 2016, Dan Lampel was already in detention.
His family filed an appeal in 2018 with the Israeli Supreme Court. Without success. He was extradited to France at the start of the year and imprisoned. The other fugitive is still on the run.
This Monday, Dan Lampel will therefore be alone in the box of the accused. His former accomplices, who have already served their sentence, will be heard as simple witnesses.
He had come to buy a paint bucket
“Dan Lampel could acquiesce to the 9-year default sentence and avoid a new trial. By the game of remissions of sentence, he could have waited and asked for an adjustment of his sentence, explains, Me Patrick Klugman, his new lawyer. But he chose to be retried to be totally at peace. “
He is being prosecuted for willful violence resulting in death without intention of giving it, committed in a meeting, with a weapon. Dan Lampel came to buy a can of paint from Batkor. The DIY store was going to close and the security guard refused to let him in.
He had returned, furious, shirtless, with his brother, uncle, and a fourth man to sort it out. The altercation had turned to drama, and the vigilante, run by the band, had plunged into the canal that flows behind the store.
The racist nature of the unsuccessful aggression
Nine years after the death of Saïd Bourarach, all parties hope that the highly charged atmosphere that reigned during the first trial will have subsided. “It was a caricature of a trial. We tried to make it a case of racism, ”denounces Me Klugman.
The widow of Saïd Bourarach was defended by Me François Danglehant, also lawyer of the sulphurous polemicist Dieudonné. The latter had also come to attend the debates. The defense supported the thesis of a crime perpetrated by a Jew against a Muslim. Dan Lampel was described as a member of the Jewish Defense League. However, the racist character has never been retained by the courts.
Another difficulty: in the ranks of the civil parties, changes have occurred, and a pass of arms between lawyers is likely to erupt. Saïd Bourarach’s son, now aged 12, is assisted by a lawyer separate from his mother’s. Indeed, an ad hoc administrator has since been appointed to manage the interests of the child. Jean-Marc Florand, who will be alongside the teenager, did not wish to speak before the trial.