A judge disclaims and ordered a new trial because of an error recording audio
Tuesday, 27 march 2018 15:12
Tuesday, 27 march 2018 15:17
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An error “unedited” audio recording occurred during the testimony of the accused Cédrick Leblond at the palace of justice of Quebec has forced Monday, judge Carol St-Cyr in pronounce an abortion of the trial and to order a new ” in the shortest possible time “.
On the 12th of march last, which seems to be a human error has caused a major issue at the trial of Leblond, a criminal 32-year-old inmate accused of assaulting brutally a man at the bar, Red Lounge, in Quebec city, in April 2016.
After the accused has completed his testimony in his defence, the parties learned that the audio recording had never started that morning, and thus, there was no recording of his testimony.
This problem has occurred in the wake of the recent implementation of a new system of audio recording to the palace of justice of Quebec, which has experienced some issues since the beginning of February.
The Defence had been served by the following of its intention to claim a stay of proceedings under the canadian Charter of rights and freedoms, “a cure” exceptional ” that the magistrate did not ultimately judged to be appropriate on Monday.
Considering “the fairness of the trial affected” by the situation, judge Carol St-Cyr preferred to recuse himself or herself, to pronounce an abortion of the trial and order a new one as quickly as possible, ” given the detention of the accused “.
“The abortion of the trial, although limited to extreme cases, remains a remedy less drastic than the shutdown of procedures and permits in appropriate cases an appropriate remedy,” said the judge, in citing an extract from the judgment in O’connor.
The magistrate, who believes that “the fundamental rights of the accused” under the Charter have not been violated, has argued that the failure to obtain a written transcript of the testimony of the accused might have interfered during the oral proceedings, and also ” compromise the hearing of a possible appeal “.
Request for stay of proceedings envisaged
The alleged ex-gang member street Cédrick Leblond is still held. The lawyers who represent plan to present a request for a stay of proceedings to the judge who will preside over his retrial, due to the harm suffered.
The day of the hearing where the testimony of the accused had not been registered, the Defense had also expressed its intention to request that Leblond is released, in the circumstances.
If such a request had to be filed, it must be debated in the superior Court.
The folder Cédrick Leblond, accused of aggravated assault, must return to the court Wednesday to set a hearing date.