Scooped in the Dark Soul’s: an accused released after the recusal of the judge

Archival Photo, QMI Agency
The raid occurred 28 months ago at the local Dark Soul’s to Scott had led to the arrest of about thirty individuals.

Nicolas Saillant

Thursday, 3 August, 2017 14:39

UPDATE
Thursday, 3 August, 2017 14:39

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The disqualification of a judge leads to the conditional release of a suspected trafficker of drugs near the club-Hells Angels, Dark Soul’s, because of the period of 28 months since his arrest.

More than two years after their arrest occurred during a raid of the police against a network of traffickers, controlled by the Dark Soul’s flowing up to a kilogram and a half of cocaine per week, the leaders had to stand trial these days. However, in mid-July, prosecutors of the alleged mastermind, Dave Turbide, and his wife, Anik Tremblay, presented a request for the recusal of the judge.

They argued then that the justice of the peace magistrate, Yannick Couture had issued warrants in the framework of the 10-month investigation on this network, and that his father, judge Hubert Couture, could not be the trial judge for reasons of bias.

Arduous deliberations

After a series of motions punctuated by the passage in the superior Court and squabble between the lawyer Jean-Roch Parent and the attorney-Daniel Bélanger, judge Hubert Couture has finally delivered the motion to prison for it.

“The judge Yannick Couture is my son,” said Hubert Couture, stating that “this is a first” as a father and a son to be judge in the same district, the Court of Québec, at the same time.

By understanding what he could have done his work in a manner impartial in spite of the existence of a mandate made by his son, Hubert Seam is “based on perception” to make its decision. “If you want people to be able to keep confidence in the justice system, we must take the necessary decisions”, he concluded prior to recuse himself or herself.

Result

This decision of the judge leads to an inevitable postponement of the trial, while Anik Tremblay, who is without a history court, is imprisoned for 28 months. The public ministry has therefore decided to release the mother of three children for the rest of the procedures.

Me Bélanger has argued that the penalty that may be incurred by Anik Tremblay, if she was convicted, could even be longer than the time spent in preventive detention, but he indicated that the public ministry was “sensitive” to these long delays.

Due to a past legal much more imposing, Dave Turbide will remain for him in prison. The trial may eventually take place in the fall.