Negligent or Corrupt: Destruction of Evidence
Maitre Philippe Loretan was my defense attorney who helped public prosecutor Frederic Gisler withhold and attempt to destroy vital evidence which proved my innocence during a murder investigation. That's called obstruction of justice and evidence tampering, and it doesn't get any more serious, or criminal, than that. Except maybe when your own lawyer is complicit. In fact, when several actors are involved it's no longer simple obstruction of justice; it becomes perversion of the course of justice.
It's a long complicated story of police corruption, sordid sexual depravity, depression, suicide and friendship.
Maitre Philippe Loretan was my defence council, and he stood by while the Police and Public Prosecutor destroyed critical evidence in a murder investigation. I repeatedly told Maitre Philippe Loretan that the police attempted to destroy this evidence right in front of me during my interrogation, and despite this, he stood by while the police Inspector Fabien Fontannaz wrote in an email of 22 MAy 2015, that he intended to "destroy" a huge cache of evidence, while the murder charges were still leveled against me. The charges were not dropped until March 2016, after I filed a criminal suit via Amnesty International on NINE COUNTS of human rights abuse. Abuse Maitre Philippe Loretan also tried to cover up.
If you want to know how dirty, how corrupt, how absolutely evil the Swiss legal system is, read on...
My best mate Oscar De Llano took a job at Credit Suisse in Zurich, Switzerland early 2002, but somehow fell into depression and committed suicide in my holiday house where he was staying after being evicted, on the 28 April 2015.
When I reported finding his body, the police immediately accused me of leading a double life, and having murdered him in a bizarre homosexual sadomasochistic sex game "gone wrong". There was absolutely no proof, no evidence, of any such thing; it all came from the sick twisted puritanical minds of the Swiss "Police Judiciaire" which is the equivalent of the American FBI or British MI5.
Perhaps they recalled the Meredith Kercher murder which occurred just over the border in Italy; the media frenzy during the Amanda Knox murder trial; and imagined themselves being thrust into the limelight as the plucky cops who busted the sex fiends?
Who knows, but they hardly had time to look at the scene before they made the whole bizarre scenario up.
My regular lawyer Maitre Pierre-Andre Veuthey was sick, so my legal insurance provider "La DAS" recommended Maitre Philippe Loretan who works for law firm "Etude du Ritz" as my defense council.
By the time I got a meeting with Maitre Philippe Loretan, it was 21 May, three weeks after my arrest during which I had been brutally tortured and sexually humiliated to confess to a sadomasochistic sex game murder. The Swiss police projected all their sick and twisted homoerotic sadomasochistic sexual fantasies onto me, then acted them out.
Oh the irony! Irony sadly lost on the Swiss police and prosecutor; sure they are sadistic, but words escape me when I try to describe their lack of intellect.
Much centred on two text messages sent by Oscar hours before his death.
You see, during my interrogation -- after having been refused a lawyer and translator -- police Inspector Fabien Fontannaz attempted to delete a text message from my phone in which Oscar apologises for trouble he's caused me, says he took a massive overdose of prescription medication, drank so much he can't remember his own name, and tried to hang himself.
First Inspector Fabien Fontannaz said that message "wasn't important"; then he tried to delete it. So I locked my phone and demanded to see the prosecutor. District Attorney (Prosecutor) Frederic Gisler showed up a few hours later, totally ignored that message, ignored the alibi of my partner and jailed me anyway. He seized my house, all of my computers, tablets, mobile phones; even every piece of clothing I was wearing, leaving me naked in the cold. Take note: I was held for SIX HOURS waiting for the District Attorney to show up, yet denied a lawyer during this time despite repeated requests. But I digress.
Upon our first meeting 21 May 2015, Maitre Philippe Loretan said that message was of "critical importance" because clearly it explained Oscar's death. I explained to Maitre Philippe Loretan that Inspector Fabien Fontannaz attempted to delete that "suicide text message" right in front of me, at the beginning of my interrogation. I was accusing the police of EVIDENCE TAMPERING, a very serious allegation.
Then something strange happened. Maitre Philippe Loretan refused to follow up with prosecutor Frederic Gisler about the status of that critical evidence, part of my defense in a murder investigation.
Then things got stranger, the next day the police returned some of my computers but my mobile phone was broken. Not physically, the memory had been fried. Did the police intentionally scramble my phone to destroy evidence? I was extremely concerned.
Finally the unthinkable: the same day, Inspector Fabien Fontannaz wrote to my lawyer Maitre Philippe Loretan with a list of items seized from my house. He said I was to indicate to him which items were my property, and all other items, the property of my deceased friend Oscar De Llano, WERE TO BE DESTROYED.
Maitre Philippe Loretan didn't see anything wrong with this. However to me, a prosecutor ordering the destruction of critical evidence in a murder case seemed way beyond incompetence or negligence; I was being framed and the suicide note was "inconvenient".
I repeatedly urged Maitre Philippe Loretan to act to retrieve a copy of that suicide text message from the phone company; or to have the public prosecutor confirm that it had been entered into evidence. I urged him to object to the destruction of Oscar's belongings which may contain critical evidence proving my innocence of his murder.
Maitre Philippe Loretan failed to act.
Which is why I say, Maitre Philippe Loretan sold me out to the public prosecutor. He ignored serious allegations of evidence tampering, destruction of evidence, and obstruction of justice.
If you want to read all the nitty gritty details, the emails exchanged between Maitre Philippe Loretan, Inspector Fabien Fontannaz, Procureur Frederic Gisler and myself, read on below. It's a very complicated story, because that's how corrupt individuals obstruct justice.
It's possible Maitre Philippe Loretan is incompetent, but after his handling of my murder case, I feel he intentionally sold me out to the public prosecutor Frederic Gisler, making basic errors in order to minimise my damages claim and assist the public prosecutor to conceal evidence.
Allow me to explain. After a search and seizure at my place of business a computer server and mobile telephone were returned damaged by the Valais police to his office on Friday 22 May 2015. Click here to read the email from police inspector Fabien Fontannaz saying he is returning a computer and two mobile phones.
I notified Maitre Philippe Loretan by email the following Tuesday 26 May 2015 (click here to read) of the damage because it was a long weekend but he refused to act, saying I "had to wait". In that email I specifically make reference to the fact that because my mobile telephone was damaged, I no longer had a copy of the "suicide message" sent by my friend Oscar De Llano.
In that email I also refer to the fact that during our meeting on Friday 22 May 2015, Maitre Philippe Loretan said that Frederic Gisler called him and stated my detention was illicit, Inspector Fabien Fontannaz would be "severely reprimanded", the case would immediately be closed and Prosecutor Frederic Gisler sent his apologies.
Actually, not all of that is in the email to Maitre Philippe Loretan.
I would have been repeating myself. What was discussed was more precisely outlined in an email I sent my father directly after the meeting with Maitre Philippe Loretan on Friday 22 May which follows:
The Swiss court say I fabricated everything. None of the above happened. But ask yourself seriously: if I had been accused of murder, would I write to my father in Australia telling him not to worry, it would all be fixed next Tuesday if I didn't seriously believe that?
So now back to Maitre Philippe Loretan, the elusive text message and my damaged equipment. I waited a few days and reminded him, on the ten day deadline I had under Swiss law to notify the public prosecutor that my equipment had been damaged. Maitre Philippe Loretan waited several days more, before he replied saying I needed to be patient.
That was May 2015. Several years later in 2017, the Valais Cantonal Court said they were not liable for any "alleged damage" as it was not reported within the ten day statutory limit.
Ok so equipment containing critical evidence was returned damaged on 22 May 2015; Maitre Philippe Loretan doesn't act to report the damage, or retrieve a copy of the message; then in August 2015 asks me to confirm that it was indeed the police who caused the damage. I didn't know at the time, it was too late to claim for the loss of my phone; but Maitre Philippe Loretan surely did. He was just toying with me, pretending not to understand, making it look like he was doing his job.
I made the very serious allegation of evidence tampering and obstruction of justice. Then the police destroy more evidence, and even more is destroyed when my phone is returned inoperative. Yet Maitre Philippe Loretan pretends not to understand.
Hence my assertion, Maitre Philippe Loretan was probably colluding with the prosecutor Frederic Gisler to sabotage my case, to help them cover up what they did.
I repeatedly urged him to act, yet he repeatedly replied that I must wait.
You see, there was a lot more to this than just a laptop, desktop computer, six servers and mobile phone.
During my interrogation a standoff ensued after Inspector Fabien Fontannaz tried to delete a text message from my late friend Oscar De Llano right in front of me.
I locked the phone, and demanded a lawyer and translator but didn't get either.
In that message, Oscar said he had taken an overdose of prescription medication, had been drinking so heavily he forgot his own name, and had tried to hang himself. Here is a copy of that message which I finally received around September 2015:
Now bearing in mind the Swiss police knew I had an alibi, and they had seen that text message upon arrival at the scene, I suggested to Maitre Philippe Loretan that the police claiming to find "marks around Oscar De Llano's neck inexplicable" to be an absurd claim. The police attempted to destroy that evidence, then seized it, and refused to respond to requests regarding if they had it or not. Were they planning to destroy that message, if they could find a way to frame me for murder?
More importantly, was Maitre Philippe Loretan complicit in this evidence tampering?
Did Maitre Philippe Loretan conspire against me, his own client?
I repeatedly attempted to get an answer out of Prosecutor Frederic Gisler as to whether or not that message had been recovered, or if it was lost. I asked every lawyer : Johann Fumeaux, Pierre-Andre Veuthey, Amandine Francey and Philippe Loretan to find out. Maitre Philippe Loretan called that text message "critical" during our meeting on 21 may 2015; I explained to him how Inspector Fabien Fontannaz had attempted to delete it; and when my phone was returned broken, I re-iterated the importance of finding out from the prosecutor if he had recovered that message. Bizarrely Maitre Philippe Loretan suddenly lost all interest. Was he told to obfuscate? On the 21 May 2015, that message was "critical"; the next day "unimportant". How could this be?
I asked Maitre Philippe Loretan if it would be possible for him to recover a copy of that message from the phone company, but he said "only the police could do that". I never checked if that is true, but I must say I have my doubts. Surely the owner of a telephone service may request copies of meta-data? The phone companies keep it for six months apparently; I had to wait 5 agonising months until late September 2015 before the police released their report which contained that message. At this point Prosecutor Frederic Gisler was still saying he "intended to close the file". I sacked Maitre Philippe Loretan on suspicion of collusion, hired Maitre Pierre Bayenet on the advice of Amnesty International, filed my damages claim in November 2015 and fled the country.
Prosecutor Frederic Gisler waited four months - to see if I would return from Australia - then dropped the murder charges and closed the file "to reduce my damages claim".
Destruction of Evidence
Which raised the question: If Swiss police were able to copy all my phone's data, how come it was returned to me broken?
Answer: Destruction of evidence. Swiss police destroyed my phone so if they wanted to, they deny Oscar's "suicide" message ever existed.
I showed them the message, I knew it's content; the only reason not to acknowledge it's existence would clearly be to leave open the possibility to destroy evidence. It's important to note that the Swiss police immediately destroyed Oscar's phone, before they returned my equipment. By the time I realised my phone was non-functional, I also realised that therefore all copies of Oscar's "suicide" text message had been lost. Click here to read the email of 22 May 2015 where Inspector Fabien Fontannaz states he is destroying all of Oscar's equipment. Why? Surely it should become the property of "next of kin"?
Prosecutor Frederic Gisler therefore instructed Inspector Fabien Fontannaz to DESTROY EVIDENCE IN A MURDER CASE WHILE THAT CASE WAS STILL OPEN.
Just think about that for a moment. A prosecutor destroying evidence and admitting it in writing!
Yet somehow despite that message being "critical to my defence" in a murder case, Maitre Philippe Loretan let the trail go cold. He refused to follow up on it with the phone company.
Maitre Philippe Loretan did not object to the prosecution destroying critical evidence which could have proven me innocent of murder.
Maitre Philippe Loretan appears to have colluded with Prosecutor Frederic Gisler to frame me, his own client, for murder by being complicit in evidence tampering. That's a big deal.
Almost a month after our first meeting, unsurprisingly Maitre Philippe Loretan continued to refuse to take any action to retrieve that critical piece of evidence. Cluck here to read my email of 16 June 2015 where I remind him I am still waiting for him to update me on this "critical piece of evidence". I began to suspect he was intentionally sabotaging my case by now, and started my search for another lawyer. I had already tried four lawyers from Valais : Fumeaux, Veuthey, Francey and Loretan; so I decided what I needed was a lawyer from another canton. You see, I came to realise that the prosecutor is so powerful, and Switzerland so corrupt, that the only effective way to obtain a proper defence is by using a lawyer from another jurisdiction who doesn't have to "play ball" with the corrupt little cesspit of a legal system in each Swiss canton.
Which is why I assert that Maitre Philippe Loretan more than likely colluded with the public prosecutor Frederic Gisler; any reasonable person would deduce he probably sabotaged my defence in a backroom deal.
Then I discovered in 2018 that Maitre Philippe Loretan obtained his law degree at the University of Fribourg, the same university that public prosecutor Frederic Gisler attended.
My defence attorney Maitre Philippe Loretan and the prosecutor he failed to pursue when presented with evidence of torture, evidence tampering, and obstruction of justice are both University of Fribourg alumni. But don't take my word for it, here is Philippe Loretan's LinkedIn profile (click here for a screenshot)
Finally in November 2017, the Cantonal Court of Valais said in their judgement that all of the preceedings emails were forgeries; everything I claimed was a lie; and even if it wasn't it was inadmissable as I missed the discovery deadline.
If that doesn't convince you that the Swiss legal system is more corrupt than Nigeria, I complained to Maitre Philippe Loretan that I had been mistreated by the police and wanted to file criminal complaint.
United Nations Convention Against Torture (UNCAT)
When I finally went to see a lawyer who was not utterly corrupt and in the pocket of the public prosecutor, he told me that I had been subject to a total of NINE VIOLATIONS OF THE UNITED NATIONS CONVENTION AGAINST TORTURE (UNCAT).
I could understand if Maitre Philippe Loretan perhaps missed one or two; however for him to sit and listen to me tell him of the ordeal I suffered through, and for Maitre Philippe Loretan to reply "it's nothing unusual; no cause for a real complaint" is mind boggling. Unless of course he is completely and utterly corrupt and was colluding with prosecutor Frederic Gisler to cover it all up.
My complaint can be read in detail here, but below is a short summary of what Maitre Philippe Loretan found unexceptional.
Paraded Around Naked in the Freezing Cold
Maitre Philippe Loretan said to me "nothing in the police file suggests mistreatment". As if somehow the police are going to put in the file they threatened to waterboard me (which they did) to force me to sign a form saying I was being well treated (I wasn't) and didn't want a translator (I repeatedly asked for one) before they allowed the useless duty lawyer Maitre Johann Fumeaux into the interrogation room.
What was in the file was the fact that the police seized every stitch of clothing off my back, even my socks and underwear, and left me barefoot virtually naked in 5 degrees Celsius, wearing paper thin prison issue cotton t-shirt and trousers.
Maitre Philippe Loretan didn't see anything wrong with that, or the premeditated way they did it: from the police station, after being interrogated from 6pm to 5:30am, and undergoing a forced medical in a room full of people, they took me 100 metres down the road to Martigny Hospital for ANOTHER MEDICAL EXAM including two blood samples under duress; then threw me in prison for two hours at 6am so I didn't sleep; then carted me back to hospital at 7:30am taking a prison uniform from the prison with them (for my third medical at Sion Hospital) then paraded me around virtually naked and threw me back in jail. I know they brought the prison uniform with them, because the prison warden argued with them about the origin of the prison uniform I was wearing. I almost got stripped again.
Threats of Violence, Use of Force, Denial of: Water, Lawyer, Translator, Toilet
I was held and interrogated for over nine hours, during which time I was refused drinking water, access to a toilet, an attorney, an interpreter and consular access. I had one mobile phone snatched from my hand, the second seized on personal order of prosecutor Frederic Gisler and handed to Inspector Fabien Fonatnnaz despite my allegation leveled at Fontannaz in front of Gisler that the former had attempted to destroy evidence on that phone.
Finally, moments before the duty lawyer (in reality a sock puppet controlled by the police) entered the interrogation room, I was threatened with "waterboarding" if I did not sign away all my rights, submit to every demand of the police, and allow them to...
...conduct three medical exams, one of which was to take place immediately, in the interrogation room.
The police wanted to strip me naked, take samples from my genitals, and photograph every square inch of my body ultra-close-up with a digital SLR camera and a ruler.
I didn't desire to submit to that. I was literally passing out from dehydration, needed the toilet bad, and they were going to rough me up and waterboard me if I didn't comply which would result in me being left in my own filth when they carted me off to jail. Wet excrement ridden clothing on a cold Swiss night. That stuff could kill you.
So they got got to play their sexual humiliation game, to show me who's boss. By law, they should have taken me to a hospital, and it should have been conducted by a doctor. However, that wouldn't have had the desired effect; even if immediately after doing that and interrogating me, they took me to Martigny Hospital which was literally 100 metres down the road to take a blood sample before throwing me in jail at Martigny prison.
No, they really wanted to mess me up and I'm ashamed to admit, they did rattle me.
Of course, sexual humiliation is all about shame.
I landed in jail about 6am, but bear in mind that was a full twelve hours after my interrogation began, and they put me in a freezing cell with a tiny wafer thin blanket, and a window that was stuck open. I couldn't close it in any case. It was below zero outside, I lay there shivering and I didn't sleep a wink. The police came back to get me around 7:30am, clapped me in shackles, and drove me to Sion Hospital. Once there, I had to wait about an hour before they escorted me to see the coroner.
I underwent my third medical, with the police insisting upon being present once more despite my protests. As the female doctor examined me, the police photographer who had been at my house, then at the police station, once again snapped photos and seized my clothes putting them in evidence bags piece by piece. The coroner did at one point say "give him some clothes he is freezing, shivering from cold" but the police photographer ignored them, and continued creepily packing up my clothing, and taking photos of me entirely naked.
No, Maitre Philippe Loretan doesn't think sleep deprivation, being stripped and paraded around naked, photographed naked under duress or having your computers and mobile phone broken beyond repair is anything to be concerned about. Even when critical evidence was on those computers, evidence the police tried to destroy in front of me. In fact Maitre Philippe Loretan told me I was being difficult.
That's the kind of people the Swiss are; or in this case the state apparatus, the police, prosecutors, lawyers: they are a bunch of puritanical racists who think everyone who isn't Swiss is a filthy animal to be treated as such.
Seriously, save yourself the money and represent yourself, or hire a street sweeper because the street sweeper is probably a foreigner and therefore less likely to stab you in the back the way lawyers in Valais do.
Finally, I ask anyone who reads this, to remember how the Swiss treat non-Swiss people.
How they sadistically torture, humiliate and enjoy the suffering of non-Swiss.
Please remember, nobody Swiss is ever you friend.