Marc-Yvan Côté is addressed to the superior Court to force journalists to reveal their sources

News 15 February, 2018
  • Archival Photo Didier Debusschère
    The lawyer of Marc-Yvan Côté is addressed to the superior Court, Thursday, to ask him to order the journalists Marie-Maude Denis and Louis Lacroix to disclose information identifying their sources.

    Jean-Luc Lavallée

    Thursday, 15 February 2018 12:57

    UPDATE
    Thursday, 15 February 2018 13:07

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    The lawyer of Marc-Yvan Côté is addressed to the superior Court, Thursday, to ask him to order the journalists Marie-Maude Denis and Louis Lacroix to disclose information identifying their sources.

    • READ ALSO: Trial Normandeau-Side: the judge gives reason to the media

    Three days after the decision of the judge André Perreault of the Court of Québec, Me Jacques Larochelle has officially filed his request in the hope of reversing the judgment of first instance.

    The defence lawyer, who represents the interests of the ex-liberal cabinet minister and ex-leader of the engineering firm Roche, presents some reasons justifying, according to him, an appeal of the decision of the judge Perreault.

    The magistrate, who freed the two journalists from their subpoenas Monday, had concluded that the public interest in the administration of justice is not surpassed not in the public interest to preserve the confidentiality of journalistic sources.

    In its decision of 35 pages, he reminded in particular that the journalists have stated, under oath, in a written statement “does not know the identity of their sources”. By doing this, the information that the defence seeks to obtain “are not important,” he wrote.

    Mr. Larochelle opposes this statement. “Marie-Maude Denis (Radio-Canada) stated in his affidavit knowing the identity of the sources at the origin of the stories amiss and Erasures, and rupture, in contrast to what has been written by the judge of first instance,” noted the lawyer.

    A statement to be “completely free”

    “The affirmation of the judge of first instance, as the discovery of the sources would probably not go back to the authors of the casting is completely free of charge. It is likely that the discovery of the sources justifies the new testimony of nature to identify the authors of the casting and their motivation”, he adds.

    In the case of Louis Lacroix, recall that the defence wishes to hear the recorded voices of the different suspects of pouring a journalist to Cogeco and Timeliness in order to enable him to identify the famous “Stone,” which tried to sink the evidence to the police.

    “The identity of the authors of the casting and their motivation is a key issue of debate since it allows you to identify the degree of responsibility of the State in the casting process”, argued the lawyer of Marc-Yvan Côté, who is also advocating on behalf of the five co-accused in this case, including the ex-deputy premier Nathalie Normandeau. This exercise of identification of the sources is part of a request for a stay of proceedings.

    A contempt of court

    The lawyer also indicates in its petition that the privilege of journalism cannot be claimed in this case, since the dissemination of information to police prior to the trial – “it is a contempt of court.”

    Recall that the co-accused, arrested in 2016 by the UPAC, face counts of fraud, breach of trust, conspiracy and corruption. The public prosecutor blamed them for having participated in a system of political financing occult in exchange for generous contracts in the public sector. If the requests stay of proceedings are dismissed at the end of the month of march, the trial will begin on 9 April.