PARIS, France – France's highest court ruled Tuesday, March 22, that wiretapped conversations could be used in a corruption case against Nicolas Sarkozy, in a blow to the ex-president's plans to run in elections next year.
The court ruling opens the way for investigating judges to decide whether to take the case against Sarkozy to trial.
"An insane procedure is going to follow now," Sarkozy's lawyer Patrice Spinosi predicted after the ruling.
Sarkozy, 61, who was president between 2007 and 2012, became the first former head of state to be taken into custody for questioning when he was charged with corruption, influence peddling and violation of legal secrecy in July 2014.
He is accused of conspiring with his lawyer to give a magistrate a lucrative job in exchange for inside information on a different corruption probe against him.
The former president has been dogged by legal woes, several related to alleged irregular funding of election campaigns.
Khadafi to Bettencourt
Investigators took the unprecedented step of tapping Sarkozy's phones from April 2013 as part of a probe into allegations that former Libyan strongman Moamer Kadhafi's regime helped finance his 2007 campaign.
In the recordings Sarkozy is heard discussing the possibility of giving a magistrate from a top appeals court, Gilbert Azibert, a juicy job in Monaco in return for information on a separate charge against him known as the Bettencourt case.
Sarkozy was accused of accepting envelopes stuffed with cash from France's richest woman, Liliane Bettencourt, when she was too frail to know what she was doing, also for his 2007 election campaing.
That charge was dropped in October 2013 due to lack of evidence.
While the judge Azibert did not get the posting he was allegedly promised, he has been charged in the case along with Sarkozy's lawyer Thierry Herzog.
The former president's legal team has attempted to suppress the recordings, saying they were a breach of lawyer-client privacy rules.
After the Paris appeals court ruled in May last year that the recordings could be used as evidence, Sarkozy's legal team took the case to the Court of Cassation, France's court of last resort.
Behind rivals in polls
A trial would strike a fresh blow to Sarkozy, who is struggling in the polls against other conservative rivals to win the presidential nomination for his party, the Republicans.
In February, Sarkozy was also charged with illegal funding of his failed presidential campaign in 2012, when he lost to the current French leader Francois Hollande.
Sarkozy was deeply unpopular at the time of his election defeat to Hollande, and left the political arena vowing: "You won't hear about me anymore."
However, as Hollande's ratings plummetted and he became the least popular French leader in modern history, Sarkozy staged a comeback to frontline politics in 2014.
He won the leadership of his UMP party, and renamed it the Republicans, re-branding it in order to make a fresh tilt at the presidency.
Yet he trails party rivals ahead of a primary in November.
Only 23% of voters backed him in a March poll by the Odoxa institute, compared to 41% for Alain Juppe, a one-time prime minister who served as defense and foreign minister under Sarkozy.
Juppe was himself convicted of corruption for mishandling public funds in 2004 and barred from holding public office.
Despite this, Juppe has become one of the country's most popular politicians since returning to France and to politics in 2006. – Sylvain Peuchmaurd, AFP/Rappler.com