La Faute-Sur-Mer en Vendee,
Coast of France, October 15
Floodplain permitting crime

France/Justice

In February 2010 a storm Xynthia provoked the death of 29 persons in La Faute-sur-Mer, en Vendee. While the trial must conclude on Friday, the prosecutor's office requested on Wednesday, October 15 various prison sentences against three of the four elected representatives in the affair. The former mayor of the community, Rene Marratier, is affected to serve as an example. The verdict will be made known on December 12.

A severity without precedent against elected officials for unintentional mistakes: the public prosecutor's office called on Wednesday, October 15 for prison terms against the former mayor, his assistant for urbanization and the assistant's son. The storm killed 29 people in this seaside resort in Vendee in February 2010.

The prosecutor, Gilbert Lafaye, asked for four years of prison of which three would be custodial and a fine of 30,000 euros for former mayor Rene Marratier who he judged for involuntary homicide. During the closing speech for the prosecution which lasted for more than 4 and 1/2 hours, Gilbert Lafaye pointed a finger at the "frenetic construction" and "excessive urbanization" which took hold of the community under the mandate of Rene Marratier (1989-2014) with the addition of 48% of construction of subdivisions in the 1990s. It is in some of these subdivisions which were constructed in a flood plain where the victims perished during the storm that engulfed the dikes on the night of February 28, 2010.

Against the ex-assistant for urbanization, Francoise Babin, the prosecutor asked for three years of prison of which two would be custodial and 50,000 euros fine, estimating that the lure of profit must be taken into account in the gravity of the mistake for which he is charged. He also asked for two years of prison of which one would be custodial and 50,000 euros fine against the son of Francoise Babin, whose name is Philippe Babin, real estate agent and president of the association charged with supervision of the dike. Madame Babin was also involved as an owner and seller of land, director of a real estate company, owner of houses, first assistant to the mayor, and president of the commission of urbanization.

Disproportionate Indictments

Didier Seban, one of the lawyers for Rene Marratier, called the exorbitant and disproportionate indictments "totally disgraceful." I have never seen this before, he said. Mr. Marratier is stunned. The maximum punishmnet which had been pronounced by a tribunal against a mayor for involuntary homicide has been ten months of prison with a suspended sentence, he cited as an example.

The reaction from the side of Avif, the association of victims, was diametrically opposite. "After an exemplary trial, this is an exemplary punishment. It is necessary that 29 deaths mean something," reacted the president Renaud Pinoit.

The trial concludes Friday October 17

Monday October 13 , the former minister of the environment, Corinne Lepage, lawyer for Avif, called the elected representatives of La Faute-sur-Mer "cupid" in her plea. She said that they made the community go toward massive urbanization regardless of the risk of flooding about which the mayor knew perfectly well.

Rene Marratier, who remains a municipal councillor, and Francoise Babin are continuing to have signed permits for constructing one-floor houses which risk the submersion of the dike that is protecting the inhabitants.

The prosecutor in contrast demanded only one punishment of one year with respite and 5,000 euro fine for Alain Jacobsoone, a functionary of the state who did not alert the mayor to the dangers of the storm. He believed that his mistake was "not being qualified."

Gilbert Lafaye demanded 150,000 euro fines for the two construction companies.

The trial must be completed Friday with the final speeches of the defence. The judgment will be on December 12.

Preserved 2014-10-20. Original at
http://m.rfi.fr/france/20141006-xynthia-tempete-vendee-france-proces-maire-faute-sur-mer/