STORY: "Crown appeals stay of proceedings in case of ex-Quebec judge accused of killing wife," by the Canadian Press, published by The Toronto Star on April 28, 2022.
GIST: "Jacques Delisle walked out of the Quebec City courthouse a free man on April 8 after Quebec Superior Court Justice Jean-François Émond granted him a stay of proceedings. He spent nine years in prison before he was freed last year, after federal Justice Minister David Lametti ordered a new trial.
Émond agreed with Delisle’s lawyers, who argued that a retrial would be impossible because a Crown expert had made serious errors in a pathology report. They also said there had been unreasonable delays in the case.
The Crown, however, said in its filing that Émond’s decision to stay the case hampers the fundamental process of seeking truth, adding that the ruling “is likely to compromise public confidence in the administration of justice.”
Prosecutors François Godin and Julien Beauchamp-Laliberté argued that Émond erred by finding fault on the part of the state and concluding — before a jury has seen the evidence — that a future trial would be unfair.
A former judge on the Quebec Court of Appeal, Delisle, now 86, was found guilty of first-degree murder in the death of his wife, Marie Nicole Rainville, and was sentenced to life in prison with no chance of parole for 25 years. Delisle said Rainville had taken her own life, while the Crown had argued the ex-magistrate had shot her in the head.
Émond’s 99-page ruling cited the “gross negligence” of a pathologist who failed to photograph the brain or take samples that would’ve shown traces of the bullet that killed her.
“The unavailability of this evidence is so damaging that the applicant’s right to make full answer and defence is violated,” the judge wrote.
The entire story can be read at:PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
