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On 1 May 1958, the seventy year old agricultural machinery dealer Charles Zumbach was brutally murdered at his home in [[Plan-les-Ouates]]. When his wife arrived at the scene, she heard four shots and cries for help. Shortly afterwards an unknown man shoved her towards the garden and started shooting at her. Later, she could not recall the appearance of the offender. The perpetrator - perhaps there were several - turned back to the injured Charles Zumbach, and stabbed him to death with a knife before escaping on a bicycle.<ref>nach [http://www.time.com/time/magazine/article/0,9171,826048-1,00.html ''L'Affaire Poupette''], Time Magazine, February 15, 1960, "Prozessbericht".</ref>
On 1 May 1958, the seventy year old agricultural machinery dealer Charles Zumbach was brutally murdered at his home in [[Plan-les-Ouates]]. When his wife arrived at the scene, she heard four shots and cries for help. Shortly afterwards an unknown man shoved her towards the garden and started shooting at her. Later, she could not recall the appearance of the offender. The perpetrator - perhaps there were several - turned back to the injured Charles Zumbach, and stabbed him to death with a knife before escaping on a bicycle.<ref>nach [http://www.time.com/time/magazine/article/0,9171,826048-1,00.html ''L'Affaire Poupette''], Time Magazine, February 15, 1960, "Prozessbericht".</ref>


Zumbach ran an agricultural machinery business in Plan-les-Ouates. It was later revealed that his store also served as a headquarter of an international gang of criminals and arms dealers led by a former member of the [[French Foreign Legion]] known as “Reymond”.<ref>[http://wissen.spiegel.de/wissen/dokument/68/27/dokument.html?titel=Ein+gewisses+L%C3%A4cheln&id=43067286 ''Ein gewisses Lächeln''], [[Der Spiegel]], 45/1960, 02.11.1960, page 71.</ref>
Zumbach ran an agricultural machinery business in Plan-les-Ouates. It was later revealed that his store also served as the headquarters of an international gang of criminals and arms dealers led by a former member of the [[French Foreign Legion]] known as “Reymond”.<ref>[http://wissen.spiegel.de/wissen/dokument/68/27/dokument.html?titel=Ein+gewisses+L%C3%A4cheln&id=43067286 ''Ein gewisses Lächeln''], [[Der Spiegel]], 45/1960, 02.11.1960, page 71.</ref>


==The accused lawyer, Pierre Jaccoud==
==The accused lawyer, Pierre Jaccoud==
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==Controversial judgement==
==Controversial judgement==
The judgement is one of the most controversial Swiss judgments, or, in other words, "un des dossiers" les plus troublants, énigmatiques qui les plus jamais aient défrayé judiciaire de la chronique [la Suisse]»".<ref>[[Sylvie Arsever]], [http://www.letemps.ch/dossiers/dossiersarticle.asp?ID=210923 ''Affaire Jaccoud: l'ombre d'un doute?''], [[Le Temps]], 9. Juli 2007.</ref> Gerhard Mauz considered the case as a second "Dreyfus case."<ref>Gerhard Mauz,[http://wissen.spiegel.de/wissen/dokument/dokument.html?id=46170026&top=SPIEGEL "Ein Mord, ein Knopf, und Calvins Geist], [[Der Spiegel]] 14/1965, 31.03.1965, page 119.</ref>
This judgement is one of the most controversial Swiss judgments, or, in other words, "un des dossiers" les plus troublants, énigmatiques qui les plus jamais aient défrayé judiciaire de la chronique [la Suisse]»".<ref>[[Sylvie Arsever]], [http://www.letemps.ch/dossiers/dossiersarticle.asp?ID=210923 ''Affaire Jaccoud: l'ombre d'un doute?''], [[Le Temps]], 9. Juli 2007.</ref> Gerhard Mauz considered the case as a second "[[Dreyfus Affair]]."<ref>Gerhard Mauz,[http://wissen.spiegel.de/wissen/dokument/dokument.html?id=46170026&top=SPIEGEL "Ein Mord, ein Knopf, und Calvins Geist], [[Der Spiegel]] 14/1965, 31.03.1965, page 119.</ref>


According to [[Hans Martin Sutermeister]], Jaccoud suffered a miscarriage of justice, whose main cause were faulty forensic expertises.<ref>Sutermeister, Hans Martin (1976): ''Summa Iniuria - Ein [[Pitaval]] der Justizirrtuemer: fuenfhundert Faelle menschlichen Versagens im Bereich der Rechtsprechung in kriminal- und sozialpsychologischer Sicht'', Basel: Elfenau Verlag, 1976, Seite 124.</ref> The Bernese doctor has long been striving to the work of prominent criminal scientists and legal practitioners who were involved, including Pierre Hegg, "the onset of amateurism in the forensic medicine" to demonstrate and had even before a Zurich court against the accused to defend them as "irresponsible non-rounder to have defamed." Sutermeister made that the case (repeatedly) was opened.<ref>[http://wissen.spiegel.de/wissen/dokument/dokument.html?id=43067286&top=SPIEGEL "Ein gewisses Lächeln"], [[Der Spiegel]] 45/1960, November 2, 1960, page 71.</ref>
According to [[Hans Martin Sutermeister]], it was nothing more than a judicial error, whose main cause was faulty forensic expertises.<ref>Sutermeister, Hans Martin (1976): ''Summa Iniuria - Ein [[Pitaval]] der Justizirrtuemer: fuenfhundert Faelle menschlichen Versagens im Bereich der Rechtsprechung in kriminal- und sozialpsychologischer Sicht'', Basel: Elfenau Verlag, 1976, Seite 124.</ref> Sutermeister described Hegg as "an autodidact lacking in serious studies, who has made many mistakes". According to Sutermeister, Zumbach was killed because he sold Algerian rebels non-working explosives to the tune of 12,000 dollars. Following his theory, Sutermeister found an international band of crooks and arms dealers using Zumbach's garage as the headquarters for their criminal activities. Lead by the former legionaire "Reymond", who once served in [[Indochina]] this band kept a collection of knives and daggers in Zumbach's garage - surely with the homeowner's knowledge. Among these weapons were the murder weapons.<ref>[http://wissen.spiegel.de/wissen/dokument/dokument.html?id=43067286&top=SPIEGEL "Ein gewisses Lächeln"], [[Der Spiegel]] 45/1960, November 2, 1960, page 71.</ref> Sutermeister's argument is that the blood analysis was poorly done.


==Film==
:''The process observer Sutermeister but wanted to study methods of the Hegg colleagues", one without a thorough self-training, already frequently mistaken ", not behagen. He would now certainly never the investigation methods Heggs critically accepted, he would not convinced from the beginning was that Jaccoud innocent. ... Charles Zumbach had been murdered because he Algerian rebels for 12 000 U.S. dollars have supplied explosives, which was not apparent. On this track was the amateur detective finally to a gang of international crooks and arms dealers, which are had fallen, was the garage of the Charles Zumbach as headquarters. Ange leads from the former Indochina Legionnaire Reymond, the gang had - certainly without the knowledge Zumbachs - in the garage and daggers and knives alternates kept under Sutermeister as murder weapons in question.'' Der Spiegel 45/1960, November 2, 1960, page 71st.<ref name="Ein gewisses Lächeln">[http://wissen.spiegel.de/wissen/dokument/dokument.html?id=43067286&top=SPIEGEL "Ein gewisses Lächeln"], [[Der Spiegel]] 45/1960 vom 2. November 1960, Seite 71.</ref>
In 1974, the case was dramatized by the German series [[Fernsehpitaval]] under the direction of [[Wolfgang Luderer]] with the title "The nude photographs".<ref>[http://www.dra.de/online/hinweisdienste/spezial/2006/dra-spezial_09-2006_pitaval.pdf s p e z ial - Fernsehpitaval, Deutsches Rundfunkarchiv 2006, S. 11.]</ref>
Sutermeister's main argument invoked unsorgfältige blood tests.<ref name="Ein gewisses Lächeln"/>

==Filming==
In 1974, the case was by the German series [[Fernsehpitaval]] under the direction of [[Wolfgang Luderer]] with the title "The nude photographs".<ref>[http://www.dra.de/online/hinweisdienste/spezial/2006/dra-spezial_09-2006_pitaval.pdf s p e z ial - Fernsehpitaval, Deutsches Rundfunkarchiv 2006, S. 11.]</ref>


==External links==
==External links==

Revision as of 16:16, 28 April 2009

The Affaire Jaccoud, also known as the “Affaire Poupette”, was a Swiss judicial scandal of the 1960s.

Murder of Charles Zumbach

On 1 May 1958, the seventy year old agricultural machinery dealer Charles Zumbach was brutally murdered at his home in Plan-les-Ouates. When his wife arrived at the scene, she heard four shots and cries for help. Shortly afterwards an unknown man shoved her towards the garden and started shooting at her. Later, she could not recall the appearance of the offender. The perpetrator - perhaps there were several - turned back to the injured Charles Zumbach, and stabbed him to death with a knife before escaping on a bicycle.[1]

Zumbach ran an agricultural machinery business in Plan-les-Ouates. It was later revealed that his store also served as the headquarters of an international gang of criminals and arms dealers led by a former member of the French Foreign Legion known as “Reymond”.[2]

The accused lawyer, Pierre Jaccoud

When the police interrogated Zumbach's son André, he said he had recieved two calls in his office (a radio station in Geneva) the night of the killing, but the caller did not say anything. André Zumbach suspected that the caller wanted to make sure that he was not at his parents' house. At this point Pierre Jaccoud came under suspicion as the caller. Jaccoud had had, as it turned out, an eight-year relationship with Linda Baud (called "Poupette" by Jaccoud), who worked at a radio station as chief secretary. Baud had an affair with André Zumbach and wanted to separate herself from Jaccoud. Jaccoud wrote her many desperate letters to convince her to stay with him. Eight months before the murder, faced with Baud's continued resistance, Jaccoud sent nude photos of her to her new lover, André Zumbach. The police began to suspect Jaccoud of the murder[3]

Contested expert testimony

The police searched Jaccoud's appartment while he was on a business trip to Stockholm as part of his job as Vice President of the Geneva Chamber of Commerce. There was blood on a jacket and a Moroccan knife, but, as later studies revealed, Jaccoud as well as the victim were from the same blood group. Thus, the testimony of Professor Erik Undritz from Basel was irrelevant. In addition fresh liver cells of unknown, perhaps animal origin were found on the knife. Jaccoud owned two pistols, but not the murder weapon. In addition, on the road near the Zumbach's house a button was found that matched the buttons of one of Jaccoud's coats. The coat itself was found in a box of used clothing, and was missing exactly one button. On his return in June 1958 Jaccoud was arrested. In prison he suffered a nervous collapse and spent most of his time in the infirmary.

The case

From 14 January 1960 onwards, the trial took place before a jury in Geneva. The case attracted attention far beyond the Swiss borders. Defending Jaccouds was the famous Paris barrister René Floriot, while on the side of the indictment was the prosecutor Charles Cornu. There were many mix-ups - for example, Zumbach's wife did not pick Jaccoud out of a line-up but instead identified a policeman. Linda Baud has claimed that at the time of the act, that she was no longer in a relationship with André Zumbach, but instead with another man. Nevertheless, Jaccoud was sentenced to seven years in prison for manslaughter. The jury deliberated for three hours.[4]

For the Paris press, the case was typical of Swiss compromise. According to them, Jaccoud was a victim of the Genevan Calvinist morality. In reaction, angry students burned Paris newspapers before the court in Geneva. In 1980, the court rejected a final appeal of the case. Pierre Jaccoud died in 1994.

Controversial judgement

This judgement is one of the most controversial Swiss judgments, or, in other words, "un des dossiers" les plus troublants, énigmatiques qui les plus jamais aient défrayé judiciaire de la chronique [la Suisse]»".[5] Gerhard Mauz considered the case as a second "Dreyfus Affair."[6]

According to Hans Martin Sutermeister, it was nothing more than a judicial error, whose main cause was faulty forensic expertises.[7] Sutermeister described Hegg as "an autodidact lacking in serious studies, who has made many mistakes". According to Sutermeister, Zumbach was killed because he sold Algerian rebels non-working explosives to the tune of 12,000 dollars. Following his theory, Sutermeister found an international band of crooks and arms dealers using Zumbach's garage as the headquarters for their criminal activities. Lead by the former legionaire "Reymond", who once served in Indochina this band kept a collection of knives and daggers in Zumbach's garage - surely with the homeowner's knowledge. Among these weapons were the murder weapons.[8] Sutermeister's argument is that the blood analysis was poorly done.

Film

In 1974, the case was dramatized by the German series Fernsehpitaval under the direction of Wolfgang Luderer with the title "The nude photographs".[9]

Literature

References

  1. ^ nach L'Affaire Poupette, Time Magazine, February 15, 1960, "Prozessbericht".
  2. ^ Ein gewisses Lächeln, Der Spiegel, 45/1960, 02.11.1960, page 71.
  3. ^ The motive for entering the house might have been to get back the nude pictures. Die 50er Jahre. Ein dramatisches Jahrzehnt in Bildern., Ringier-Dokumente, Ringier Zürich o. J., S. 53.
  4. ^ L'Affaire Poupette, Time Magazine, February 15, 1960.
  5. ^ Sylvie Arsever, Affaire Jaccoud: l'ombre d'un doute?, Le Temps, 9. Juli 2007.
  6. ^ Gerhard Mauz,"Ein Mord, ein Knopf, und Calvins Geist, Der Spiegel 14/1965, 31.03.1965, page 119.
  7. ^ Sutermeister, Hans Martin (1976): Summa Iniuria - Ein Pitaval der Justizirrtuemer: fuenfhundert Faelle menschlichen Versagens im Bereich der Rechtsprechung in kriminal- und sozialpsychologischer Sicht, Basel: Elfenau Verlag, 1976, Seite 124.
  8. ^ "Ein gewisses Lächeln", Der Spiegel 45/1960, November 2, 1960, page 71.
  9. ^ s p e z ial - Fernsehpitaval, Deutsches Rundfunkarchiv 2006, S. 11.