Pardoned killer risks return to jail by appealing for retrial

Omar Raddad, subject of one of the longest criminal and judicial sagas in modern French history, put his freedom on the line yesterday in an attempt to prove his innocence.

Mr Raddad, 39, a Moroccan employed as a gardener, was convicted of murdering his elderly employer in 1994. He was partially pardoned by President Jacques Chirac, and released from prison in 1998.

He appeared before the highest French appeal court, the Cour de Cassation, yesterday to ask for a retrial, which would, if he loses, send him back to jail.

Mr Raddad was convicted of the murder of his 65-year-old employer, Ghislaine Marchal, at Mougins, near Nice, in June 1991. The most important pieces of evidence against him were two messages, apparently scrawled by Ms Marchal with her own blood.

The first read: "Omar m'a tuer." (The last word was grammatically incorrect and should have read "tuée", so that the message would have read: "Omar killed me.") The second message said: "Omar m a t ...".

The case caused a sensation at the time, dividing France – often along racial and political lines – between those who believed in Omar's innocence and those who were convinced of his guilt.

Although Ms Marchal was a highly educated woman unlikely to have made such a basic spelling mistake, even while dying, Mr Haddad was found guilty. Handwriting experts told the court that they were "two thirds certain" that the bloody messages were written by his employer.

Since then, the same and other experts have said that they cannot be sure that the handwriting was that of Ms Marchal. DNA tests have also shown that a bloody palm-print found near one of the messages was that of a man, but not that of Omar Raddad.

None the less, the French public prosecutor asked the appeal court yesterday to reject his request for a new trial. There was no overwhelming proof that the original verdict was wrong, the prosecutor said.

Mr Raddad, now working as a wholesale butcher in Marseilles, told the appeal judges yesterday: "I can swear that it was not me who killed Madame Marchal. I ask you a thousand times to give me a second trial.

"I know I can be send back to jail for life but I am prepared to take that risk."

Mr Raddad is represented by the veteran trial lawyer, and defender of unpopular causes, Jacques Vergès. Mr Vergès has tried to enter evidence pointing to the possible guilt of other people who knew Ms Marchal but this has been ruled inadmissible.

The court will rule on the appeal on 20 November.