Trial Normandeau-Side: the judge rejected the application for stay of proceedings under the judgment in Jordan
File PHOTO, DIDIER DEBUSSCHÈRE
Monday, march 26, 2018 10:01
Monday, march 26, 2018 11:55
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The judge André Perreault rejected the application for stay of proceedings under the judgment in Jordan for unreasonable delay made by the defense in the trial of Nathalie Normandeau, Marc-Yvan Côté, and their four co-accused. The trial will begin as planned on the 9th of April, he also sliced.
The magistrate issued its decision on the request type Jordan Monday morning at the palace of justice of Quebec, where none of the accused were not present.
The judge Perreault has been calculated that the total time to complete the judicial proceedings up to the oral argument in this case is 27 months and 7 days. It entrenches, however, a total of 49 days due to the unavailability of the Defence, in order to arrive at a period of 25 months and 19 days.
The judge ruled that the Crown was able to show that due to the complexity of the case, the delay is not unreasonable, although it is higher “ceiling alleged 18 months” that the judgment in Jordan set for cases heard in provincial courts, such as this one in front of the Court of Québec.
“The public ministry has rejected the presumption of the unreasonableness of the delay in demonstrating the complexity of the case,” wrote the judge Perreault, the reasons for its decision in a judgment of up to 35 pages.
“Had it not been for this, the ministry would have been able to rely on the transitional measure is outstanding because the parties are reasonably consistent with the prior right”, he added.
No postponement of the trial
In addition, the judge ruled that the trial for fraud, conspiracy, corruption and breach of trust gets underway as planned on the 9 April.
The lawyers of the defendants of Normandeau have all called on Monday for the postponement of the trial if the journalist Marie-Maude Denis could not be heard prior to the start of it, in the context of another request for a stay of proceedings in connection with the leaks in the media.
The lawyer of Nathalie Normandeau, for its part, strongly opposed to a possible report.
The judge André Perreault, after a short reflection, announced that he saw no reason why the trial could not be held, even if the request for a stay of proceedings is still pending.
Recall that last week, in the framework of this request, the judge Jean-François Émond of the superior Court ordered the journalist Marie-Maude Denis to testify to divulge his sources. Radio-Canada has immediately announced its intention to appeal the decision.
According to the judge André Perreault, the trial may take place in spite of everything, referring in particular to the importance of “preserving the evidence”. “I don’t see why we should delay the hearing,” he said, adding that he made this decision “in respect of any decision of a higher court” that could encourage him to act otherwise.
A speedy trial, “the essential”
Me Maxime Roy, who represents former deputy prime minister liberal of Quebec, Nathalie Normandeau, was very satisfied with the output of the hearing room.
“For us, it is essential that the trial can start as soon as possible. We want the truth to be known, and that Ms. Normandeau’s right to be heard, and finally a decision can be made to turn the page and move on to something else”, he briefly told the media.