Dordogne: suspended prison sentence for the teacher of a child defenestrated by a comrade


The teacher of a schoolgirl with Down syndrome defenestrated by her classmatepsychotic” in 2015 in Périgueux, was sentenced on appeal Tuesday, May 3 in Bordeaux to 4 months in prison suspended for “manslaughter“.

The fall of little Laly, eight years old, from a height of five meters, had occurred in a general education establishment, the private school of the Sacred Heart, which welcomes children with psychomotor disabilities and / or behavioral problems in a class specializing in inclusive education. At the time of the facts, the girl had left the room of this class, once her work was finished, to join the adjoining playroom where her little friend was, far from the eyes of the teacher. The absence of supervision at this precise moment is “a serious faultfrom the teacher, considered in its judgment the Court of Appeal of Bordeaux.

“It haunts me”

The Court also requested the payment by the State, represented by the rectorate, of more than 132,000 euros in damages for “moral damage” and “funeral expensesto the victim’s family,in deduction of the sums“Already allocated by the administrative justice, which had condemned the social assistance to the childhood of Dordogne to damages. For the lawyer for the Laly family, Me Pierre-Daniel Lamazière, this decision “can bring a little serenity to the family, recognizing their suffering and their feeling of great injustice“.

I couldn’t see the children in the next room. It haunts me“, had declared during the hearing at the end of March the teacher and director of the school Elisabeth Jaccard before bursting into tears, saying “to have heard nothingas she looked at the other students’ work. The school life assistant was on his side gone to lunch. For General Counsel Céline Raignault, this director “couldn’t ignore“that the little boy”required close monitoring. She had indicated that he was becoming truly unmanageable“. The child had also beaten the little girl with Down syndrome on the school stairs on the grounds that “she was shorter than him“.

Instructions had been given to monitor him and a meeting was scheduled to propose his transfer to a medical-educational establishment. Other facts prior to his arrival at the school had not, however, been brought to his attention by the social services of the department: in 2013, the boy had already pushed a girl from the balcony of a house, injuring her slightly. The director assured him at the hearing:if she had been informed, she would have refused to enroll him“.

By deploring, in its judgment, that the social services registered the boy in this school “without sharing with Ms. Jaccard all the information they had“, the Court holds that”the teacher is not solely responsible for the death“, reacted to AFP the teacher’s lawyer, Me Lionel Béthune de Moro, who will “reflectto an appeal in cassation. At first instance, the teacher had been acquitted by the Angoulême court, which had justified its decision by “the absence of manifest fault“.


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