By Lionel Laurent
PARIS, July 4 (Reuters) - A Paris
employment tribunal on Thursday rejected former Societe Generale trader Jerome
Kerviel's plea for a new expert inquiry to help overturn his dismissal in
France's biggest-ever trading scandal in 2008.
In a separate criminal case, Kerviel is
running out of options to escape conviction and a jail sentence upheld by an
appeals court in October over 4.9 billion euros ($6.4 billion) in losses that
French bank SocGen said were the result of unauthorized trades by
Kerviel.
The 36-year-old ex-trader, who was ordered
to repay the huge sum in its entirety, has never denied masking the 50 billion
euros in market positions that went wrong as the financial crisis unfolded in
early 2008. He has, however, always said his bosses knew what he was doing, an
accusation SocGen denies.
Kerviel has asked the employment tribunal
to overturn his dismissal and grant him 4.9 billion euros in damages but no new
inquiry will now be opened.
Speaking to supporters and media outside
the courthouse after the hour-long hearing, an unshaven and tieless Kerviel said
he was disappointed but would keep fighting ahead of a final ruling by the
employment tribunal, which could take months.
"I am disappointed, of course ... They've
refused (my demands)," he said. "We will keep going."
Far-left groups and the popular press in
France have painted Kerviel as a naive victim of big finance, despite his role
before the case as a highly-paid trader. Dozens of supporters chanted slogans
against SocGen and threw fake banknotes like confetti outside the court, also
brewing coffee and serving croissants to the crowd.
SocGen's legal team issued a short
statement saying Kerviel had been late in submitting several demands and that
after a "lengthy debate" the employment tribunal had rejected them.
"Despite the media presence orchestrated
by Jerome Kerviel, the legal system showed once again that it could remain
clear-headed," it said.
Without a new inquiry, it is unlikely
there will be any new elements brought to light that might help Kerviel's case,
either before the employment tribunal or in the criminal proceeding.
LEGAL PARADOX
The former banker still has a chance of
winning on some points, however, thanks to the technicalities of French
employment law, argued Mabrouk Sassi, a lawyer who specializes in tax, business
and employment law.
Under the terms of his dismissal, SocGen
said he had wilfully sought to hurt the company, which may be successfully
rejected, Sassi said. But even a victory for Kerviel in this case would only
represent around 800,000 euros, barely a dent in the 4.9 billion due. He may
also still face time in jail.
"The paradox is that SocGen could lose on
the dismissal but win the criminal case," said Sassi.
Kerviel was flanked by his lawyer, David
Koubbi, and far-left political firebrand Jean-Luc Melenchon, who compared the
former trader to Alfred Dreyfus, a Jewish military officer and victim of
anti-Semitism who was wrongfully charged with treason in the 19th
century.
"This is a case of one individual against
the financial world," Melenchon told reporters. "It is emblematic of the kind of
world we are living in."
One of Kerviel's supporters, 60-year-old
former secretary Sylvana Fauvet, said she viewed the ex-trader as a victim.
"I came to support (Kerviel)...They've
already condemned him to death by making him repay the 4.9 billion," she said.
"It's the bosses who are always responsible for what happens at a company,
including when there are losses."