Aggravated assault: arrest procedures asked… for a error audio recording
Monday, 19 march 2018 17:04
Monday, 19 march 2018 17:08
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A criminal 32-year-old inmate accused of assaulting brutally a man two years ago at the bar, Red Lounge, in Quebec, could see his trial to abort because her testimony, in error, was not recorded at the palace of justice of Quebec.
- READ ALSO: man arrested in Newfoundland for serious assault that occurred in Quebec city in April 2016
“It is so much a first,” replied the lawyer Cédrick Leblond, Jean-Roch Parent, when the judge Carol St-Cyr announced to the latter and to the prosecutor, on the 12th of march last on the occasion of the trial, that the registration had not worked in the morning in the courtroom where Leblond had been interviewed between 9: 30 and 11am.
The problem occurred in the wake of the installation of a new registration system in the rooms of the palace courtyard. In the absence of a safety net, the clerk never realized that the recording had not started.
The latter could be relied previously on a sign light which clearly indicated that the recording was in progress, but this system disappeared with the arrival of the new technology, came to explain the same day to the judge, under oath, the deputy director of the palace of justice of Quebec, Gilles Émond.
After discussing possible solutions, the attorney of record, to Me, Mélanie Tremblay, suggested to continue the trial. The judge has raised doubts, citing problems if the case went to the court of appeal, without the interrogation recorded. “The court of appeal will order a new trial. It is a pity, but that’s it”, he launched.
The defense has instead indicated its intention to seek a stay of proceedings, the idea of resuming the examination of the accused to have been quickly ruled out by the parties.
“Unfortunately, the facts show that there is no repair possible […]. I submit that it puts you in a situation where a stay of proceedings is the only order that you can make in the present circumstances,” said the judge to Me a Parent who will file its formal request next Monday.
“It is hard to take,”
The former spouse of the victim, Dominic Christian said that the possibility that the trial was aborted was ” hard to take “, especially as the victim was left with significant sequelae of the assault, which occurred in April 2016.
“The Dominic that we knew, we have never,” said Audrey Drouin-Bouchard, deploring the fact that justice may never be made due to a trivial technical error.
The Crown has also filed as evidence a video of the assault, which was captured by surveillance cameras.
Cédrick Leblond, supposed founder of the defunct street gang Quebec Blue Dragon Crew and former alleged member of the 9 Gang to the numerous criminal record, was arrested after a run of several months, in August last. He is detained since.
Me the Parent has also expressed its intention to request that it be released, if the judge did not render a decision as soon as Monday on its application for a stay of proceedings.
– With the collaboration of José Laganière, VAT New