Facts
On March 10, 2009, [B.] filed a criminal complaint against [A.] for disloyal management. [A.] was indicted on August 21, 2009 for aggravated disloyal management. On November 2, 2011 and January 10, 2012, [A.] requested the sequestration of documents relating to the [E.] fund and the implementation of an expert opinion on handwritten notes produced by [B.] . On January 5, 2012, [A.] also requested the hearing of 22 clients of the [H.] company managed by [B.] . On January 23, 2012, the Public Prosecutor's Office refused to order these investigative acts. On February 27, 2012, the Geneva Court of Justice declared the appeals filed by [A.] against these refusals inadmissible.
Considerations
According to case law, the rejection of a request for evidence can only be appealed if it causes irreparable legal prejudice, that is, legal damage that could not be remedied later. The mere risk that the passage of time may alter the means of proof is not sufficient.
In this case, the Federal Tribunal considers that the refusal to hear the 22 clients of [H.] and to order an expert opinion on the handwritten notes does not cause irreparable legal prejudice. However, the refusal to order the sequestration of the documents relating to…