[Report] Suspended prison sentence for cannabis-using police officer in court

Clumsy activism, career suicide, or unbearable provocation? On Thursday, the Pontoise District Court sentenced Julien*, a former police officer, to a three-month suspended prison sentence. The court found him guilty of cannabis use, but not of inciting others to use it. In 2019, this police officer from a community policing unit was appearing in a video by comedian Noman Hosni. On screen, he is seen smoking a joint, wearing a cap and a light blue police uniform. He has since been dismissed by his superiors.

To follow the hearing, Newsweed The hearing is set to take place in Courtroom 2 of the Pontoise Courthouse. The presiding judge, Christine Campistron, takes her seat. She is wearing a black robe, as is customary in the judicial system. «I was familiar with the show ‘J’irai dormir chez vous’…», "Well," the judge begins, with a smirk. Today, This is the show «I’ll go smoke at »you", posted on the comedian’s YouTube channel. The president calls him «Mr. Oni» and presents it as a «ambassador for cannabis legalization.».

Neither the National Police nor the law enforcement unions are civil parties in this case. That could have happened. In the grounds for his dismissal, the Director General of the National Police states that Julien «damages one's reputation» of the court. Since the defendant lives in Réunion, his attorney, Bruno Illouz, is standing before the presiding judge and the two associate judges.

«I'm thinking about leaving the police force»

«This will be quick…", "The judge begins her statement of facts,". »The video speaks for itself. In the video, he knows what to expect. He's wearing his police shirt and cap. I don't think he wears his uniform every day when he's at home..." The chairwoman then asked to view the video on the televisions set up for that purpose. «It’s your turn, Madam Clerk!»

She complies. At the back of the room, five officers from the criminal investigation division watch the video intently. About ten minutes later, the presiding judge continues: «So… that’s the vibe! During his interview at the police station, Julien said he had almost forgotten he was being filmed. He even felt like he was just hanging out on the couch with a friend. Clearly, people online really enjoyed the video. Some even wrote in the comments that the next time they see a police officer, they’ll invite him to smoke!»

Then the judge drops a little bombshell. «At the end of his interview with the police, Julien said he hadn’t been very happy in his job for the past few months. He said, ‘Coming from Réunion, I feel very lonely and have no social life. The police force was a great experience, but I’m thinking about leaving. This video was a way for me to go out with a bang, in a way that suits me, so I can leave the police force with no regrets.’

«That’s just ridiculous…»

In response, attorney Bruno Illouz steps up to his lectern. He begins his argument with a sky-blue mask covering his face, muffling his words. A few seconds later, he removes it. What follows is a rapid-fire question-and-answer session between the judge and Julien’s attorney.

 »What was that, career suicide?”

– I don't want to engage in armchair psychology…

– Was he aware that making this video while dressed as a police officer could be detrimental to him?

– His face was blurred. His voice was altered, just like Noman Hosni’s. He thought that these precautions taken in television reports would be enough to protect him…

– So he didn't think he'd be recognized?

– No!

– That’s just plain stupid…

»Naivety, I’d say.”

It is now time for the prosecution to present its closing arguments. The public prosecutor stands up. She acknowledges the criminal investigators at the back of the courtroom. «I’m really glad to see so many police officers here. A word to the wise! As a police officer, you have a duty of discretion. Everyone has their own opinions, but they’re expected to keep them to themselves. And definitely not share them on a YouTube channel!”, "The judge exclaims indignantly.". »I therefore request a six-month suspended prison sentence and a fine of 1,000 euros."

«A clumsy way to get a message across»

To conclude the hearing, Bruno Illouz launched into a lengthy closing argument. He began by arguing that the proceedings regarding incitement to use cannabis were invalid. In short: the court cannot prosecute Julien for incitement because procedural requirements were not met. According to him, the prosecution should have first prosecuted Noman Hosni, as he is the publisher of his YouTube channel. This is the order prescribed by press law, and Mr. Illouz believes that this code applies to digital media—and therefore to YouTube.

Next, Attorney Illouz turns his attention to the heart of the matter: cannabis. The main focus of the defense? The legalization of the substance around the world. This attorney, who describes himself as a «longtime anti-prohibitionist activist» cites the German, British, Italian, and American examples, as well as the the latest report from the Economic Analysis Council (CAE) French. A Council that, in his view, is not, «a bunch of jokers.». The judge looks him straight in the eye and listens to him carefully.

«To put it simply, and in a nutshell, concludes the Parisian criminal lawyer, There is a fundamental debate taking place across all democratic countries comparable to France. These countries have decided to abandon the war on cannabis. As far as my client is concerned, this is a clumsy, naive way of getting a message across. In a way, with this video, some might conclude that police officers aren’t people with blinders on. This is someone who had no prior record and decided to advocate in his own way. I ask you not to push him further. He’s already lost his job.»

«I understand the pain,» says Julien

The presiding judge and her two associate judges retire to deliberate. Everyone stands up. That is the rule in courthouses. When they return, the presiding judge delivers the verdict at a rapid pace. «The court sentenced Julien to a three-month suspended prison term. The defense’s argument that the charge of incitement to use drugs was invalid was upheld.» However, the court refused to grant the lawyer’s request not to mention the cannabis use in the case file. The judgment did not impose a fine on Julien, contrary to the €1,000 sought by the public prosecutor.

«A three-month suspended sentence is the minimum penalty when you go before a criminal court, so I’m not going to complain.”, "says Julien from Réunion, reached by phone by" Newsweed. »For a joint of cannabis, that might seem harsh. But you have to remember that I was in uniform, so I understand the sentence." Julien now says he wants to «keep a low profile» because he «is trying to start over in Réunion.»

Reflecting on the whole affair, which began nearly two years ago, he concludes: «That video wasn’t planned at all. My goal wasn’t to get fired. It was silly of me to think I wouldn’t be recognized.»

*Since Julien wishes to remain anonymous, his first name has been changed.