Prison warden sentenced for assault on pregnant colleague
The plantiff has since left her job - © Pixabay
The trial took place on Tuesday 6 February at Monaco Criminal Court.
Advertising
“He had a peculiar sense of humour, in somewhat bad taste,” said the court president referring to the defendant at the bar. Florestan Bellinzona continued: “he would repeatedly make remarks about women’s appearance and had got into the habit of hitting them, in the stomach in particular,” “to test their reflexes,” as his lawyer later explained.
This is what he was alleged to have done to his fellow prison warden in December 2021, when she was four months pregnant. The video of the incident was shown in court. “I didn’t know for certain if she was pregnant, but since I had my doubts, I immediately apologised,” recalled the Monegasque employee. Following the incident, he was disciplined by his employer and an internal memo was issued prohibiting this type of behaviour.
Vomiting and contractions
The victim, with supporting medical certificates, was also present on the day of the hearing. “I was vomiting and had contractions after he hit me. And contrary to what he says today, I’ve never had an apology from him,” the young woman told the court. “Everyone knew I was pregnant. I contracted my abdomen as a reflex, and I didn’t react, I was in shock,”she said, before letting her lawyer from the Nice Bar take over.
“It is unbearable to listen to her attacker play down the facts. The facts of the case are very objective, as are the consequences. We can clearly see the blow in the footage and the ER doctors’ statements are clear: bruising to the abdomen and contractions, which gives you an idea of the force of the blow my client received. Other colleagues testified that the man had behavioural issues with women. He does not grasp the seriousness of his acts.”
€1,000 fine
A claim was made for €5,000 for personal injury, €3,000 for non-material damages and €2,500 for legal costs. “My client was constantly anxious about the remainder of her pregnancy, which was also her first,” added the plaintiff’s counsel. The public prosecutor requested a suspended fine of €2,000. Suspended, he pointed out, to ensure he does not do it again. “He displayed a lack of intelligence, and his behaviour is unacceptable,” concluded the public prosecutor.
In defence of the accused, Mr Gamerdinger explained: “In prison, staff must always be ready to react, so this was a feint which, at the outset, had no malicious intent. My client had no intention of harming anyone. He is an excellent officer, and I have several statements to back that up. He was disciplined following the incident and has therefore already been punished. I would ask you to show clemency by waiving or suspending the sentence.”
After deliberation, the court fined the warden €1,000 and ordered him to pay €1,000 in compensation to the plaintiff.