A French court is expected to decide on Monday whether to release ex-president Nicolas Sarkozy from jail pending an appeals trial over allegations that he sought Libyan funding.
A lower court in September found the right-winger — who was head of state from 2007 to 2012 — guilty of seeking to acquire funding from Moamer Kadhafi’s Libya for the campaign that saw him elected, and sentenced him to five years behind bars.
The 70-year-old entered jail on October 21, becoming the first former head of an EU state to be incarcerated, and his lawyers immediately sought his release.
The Paris Appeals Court is to examine that request from 8:30 GMT, with Sarkozy making an appearance via video call, and is expected to make a decision during the day.
If the court approves his request, he could be immediately released.
The lower court on September 25 ordered Sarkozy to go to jail, even if he appealed, due to the “exceptional gravity” of the conviction.
But the appeals case means that Sarkozy is now presumed innocent again, and the court will therefore be evaluating his need for pre-trial detention.
Under French law, he can only be kept behind bars if no other way can be found to safeguard evidence, prevent witness tampering, stop him from escaping or reoffending, or to protect him.
Otherwise, Sarkozy will be allowed out under judicial control, and perhaps put under house arrest with an electronic ankle tag.
