ABSTRACT

Mr Frédéric Foucher and his father were charged with having used insulting and threatening words and behaviour towards public-service employees – two national game and wildlife wardens – on 13 February 1991 in Fontenai-sur-Orne. The applicant decided to conduct his own case but was informed that copies of official reports could not be issued to him. The applicant complained about lack of access to the file and the police court upheld his submissions. The public prosecutor’s office and the civil parties appealed to the Caen Court of Appeal. The applicant did not attend the hearing. The Court of Appeal reversed the judgment of the police court. Relying on the official report of the two game wardens and on the statements made by another hunter, the Court of Appeal fined the applicant and his father FF 3,000 each for insulting the game wardens. The Court of Cassation dismissed the applicant’s appeal. The applicant complained of an infringement of the rights of the defence in that he had not been able to have access to his case file or to obtain a copy of the documents in it. Comm found unanimously V 6(1)+6(3).