BERNARD JUDGMENT OF 23 APRIL 1998 6 Agricole in Le Mans of FRF 190,000 on 26 November 1986, with the aggravating circumstance that the offence had been committed with the assistance or threatened use of a weapon. 16. At the trial on 9 June 1992, after the experts had given evidence, Mr Bernard’s lawyer requested in his submissions that a formal note be entered in the record to the effect that the experts had stated an opinion on the question of the applicant’s guilt. 17. In an interlocutory decision of 12 June 1992 the Assize Court dismissed the applicant’s lawyer’s request for the evidence of two experts examined during the trial to be ruled inadmissible, on the following grounds: “Whereas one of the lawyers of the defendant Bernard Jean-Paul requested in his submissions that a formal note be entered in the record to the effect that the expert Dumoulin had stated: ‘The facts themselves prove that he is dangerous’ and that the the expert Guggiari had stated: ‘As he does not accept that he is either ill or guilty, he cannot be regarded as curable’ and that those experts had therefore stated an opinion at the trial on the question of Bernard Jean-Paul’s guilt; And whereas it was submitted that the evidence given by those experts should be ruled inadmissible; Whereas, while the experts were giving evidence, Bernard Jean-Paul’s lawyer noted down certain statements or isolated phrases which they are alleged to have made and which, it is submitted, prove that they stated an opinion on the question of Bernard Jean-Paul’s guilt; But whereas these statements or isolated phrases, even if they were spoken, have been taken out of context and do not establish that the experts prejudged the merits of the case or expressed their opinion as to the defendant’s guilt, especially as, while giving their evidence, they were always careful to specify that they were stating their conclusions concerning offences which Bernard Jean-Paul denied committing; …” 18. On 12 June 1992 the Assize Court sentenced the applicant to ten years’ imprisonment for armed robbery. 19. Mr Bernard appealed on points of law. He submitted in his appeal, among other arguments, that the experts’ comments had infringed the principle of the presumption of innocence, according to which they were under a duty not to express their opinion as to a defendant’s guilt. 20. On 31 March 1993 the Court of Cassation dismissed the appeal, holding that the comments referred to in that ground of appeal did not constitute a breach of the oath sworn by the experts to assist the court on their honour and according to their conscience, as provided for in Article 168 of the Code of Criminal Procedure.