Funds secret: the ex-boss of the investigation to the SQ acquitted of fraud

Photo Martin Alarie
Jean Audette

Éric Thibault

On Monday 29 January 2018 16:00

UPDATE
On Monday 29 January 2018 16:00

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The ex-boss to criminal investigations for the Sûreté du Québec (SQ), Jean Audette, has been cleared of all charges against him in the case of alleged embezzlement related to the fund secret expenses of the provincial police, on Monday.

At the end of a trial that has stretched over two years, the judge Thierry Nadon has acquitted Mr. Audette of fraud and theft at the expense of the SQ and the quebec government, use of false documents and breach of trust by an employee of the State.

The acts at Jean Audette, while he was acting as an assistant to the former director-general of the SQ, Richard Deschesnes between the spring 2011 and fall 2012 occurred in the payment of 233 $ 500 in public funds to a consultant in labour relations, the former high-ranking officer Denis Despelteau, drawn from the fund a secret police force.

This affair was splashed on the SQ a few months after the election of the Parti québécois, which had just appointed Mario Laprise at the head of the SQ to replace the DG Deschesnes.

Experienced manager

The Crown alleged that Audette and other members of senior management have circumvented the rules to pay Despelteau, a “major player” in the renewal of the collective agreement of the SQ at the time, but that apparently did not have the right to contract with the State because of its conflict with the tax authorities.

Gold, John Audette, pleaded that he had “followed orders” from his boss Deschesnes, that it was done “legally” the payments as ordered and that he was unaware of the extent of the financial problems of Despelteau.

Justice Nadon concluded that the former deputy director of the SQ is an “experienced manager” who has testified on the basis of “credible, without false fleeing or hesitation”, demonstrating a “memory impressive”.

In addition, the tribunal considers that Mr. Audette has not lied or used false invoices and even less acted in a dishonest or corrupt. Quite to the contrary.

“It is essential to remember that the accused has not achieved anything, directly or indirectly, either financially, professionally or personally, of the alleged offences. The Court considers that the actions of the accused have been in the public interest and in that of the SQ”, ruled the judge in the place of the former high-ranking officer Audette, who was defended by Ariane Bergeron-St-Onge.

Gaps, but not of fraud

The senior management of the SQ allows on average 1500 spending per year collected in this fund a secret. This fund special is used primarily to pay costs urgent in connection with criminal investigations, such as the purchase of drugs or payment of informants.

In this case, the stakeholders concerned have had “the erroneous impression” that the consultant Despelteau was required to obtain an attestation from Revenu Québec to obtain a contract for the SQ, according to the court.

In addition, the negotiations between the SQ and its 5,000 police officers-union were in a cul-de-sac and the services of Despelteau became “essential” to the employer because of his experience of the previous 20 years. The use of the funds secret is thus justified because of the “emergency” of the situation, according to the court.

According to justice Nadon, there may have been some “administrative deficiencies” observed in the use of this fund over the years. But from there to conclude that a fraud, “there are not that have not been overcome”.

In tears

John Audette, who is suspended from duty on half salary for over five years, broke down in tears at the end of the judgment.

He was comforted by a dozen former colleagues who had moved to the palais de justice of Montreal for the occasion as an expression of solidarity and friendship.

Mr. Audette has not wanted to comment on the verdicts rendered.

The ex-director general Deschesnes, along with two other former high-ranking officers of the SQ, Steven Chabot, Alfred Tremblay, also accused in this case, have still not been tried. In their case, the lawsuit alleges that the funds secret that the SQ would have been used to pay the premiums in retirement.

Denis Despelteau, who testified for the prosecution at the trial of John Audette, is the only accused person in this story who pleaded guilty, had received a sentence of 15 months in prison to be served at home, three years ago.