Sunday, May 5, 2024

Claude Paquin: Quebec: Fabricated informant's testimony."... (Major (Welcome) Development: GIST: "Convicted of a double murder he insists he never committed , a new trial has been ordered by the province's Minister of Justice 45 years later..."At the time, star informer Bernard Provençal testified against Paquin, claiming that he had ordered the couple's murder after a dispute in Peru. Their bones had been discovered by hunters at Saint-Colomban in the Laurentians several months after their disappearance."

PUBLISHER'S NOTE: What do 'confidential' police informants have to do with forensic science? (I'm glad you asked). Investigative  Reporter Pamela Colloff give us  a clue when she writes - at the link below -  "I’ve wanted to write about jailhouse informants for a long time because they often appear in troubled cases in which the other evidence is weak." That's my experience as  will (sic)  as a criminal lawyer and an observer of criminal justice. Given the reality that jurors - thanks to the CSI effect - are becoming more and more insistent on the need for there to be forensic evidence, it is becoming more and more common for police to rely on shady tactics such as use of police snitches, staging lineups, coercing, inducing, or creating false confessions out of thin air, procuring false eyewitness testimony or concealing exculpatory evidence."

Harold Levy: Publisher: The Charles Smith Blog;

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PASSAGE TWO OF THE DAY: "Claude Paquin's lawyers, acting on behalf of Projet innocence Québec, cited several troubling facts in their application for review. In particular, they claim that the informer Provençal conspired with the police to have him convicted, to have sold his version of events and to have obtained benefits from the police that he never disclosed (see excerpts from the application for review). The informer Provençal finally declared in an affidavit 13 years later that Paquin had nothing to do with the double murder, but this was not enough for the Supreme Court of Canada to order a new trial. “It's been several years in the making. Mr. Paquin can now walk with his head held high,” said his lawyer, Julie Harinen."

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PASSAGE OF THE DAY: "According to the application for review, a copy of which was obtained by our Bureau of Investigation, Provençal lied on more than one occasion about several key facts, leading the Minister of Justice to grant the 81-year-old's application for review. “There are reasonable grounds to conclude that a miscarriage of justice likely occurred,” says Canada's Minister of Justice, Arif Virani, in a statement released Monday. The Honourable Virani's conclusion “stems from the discovery of significant new information (...) that calls into question the fairness of the process."

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STORY: "New trial 45 years later for man convicted of ordering murder of couple," by Reporter Mark Sandreschi, published by 'Le Journal de Montreal," on April 30, 2024.

SUB-HEADING: "Claude Paquin helped by Projet innocence Québec

PHOTO CAPTION: "Claude Paquin shows an old newspaper article in which he pleaded innocence after his conviction for ordering two murders."

GIST: "A man convicted of a double murder he insists he never committed obtains, 45 years later, a new trial ordered by the Minister of Justice.

It took more than four decades for Claude Paquin, convicted of the 1978 murders of Ronald Bourgouin and Sylvie Revah, to get another chance.

“I'm finally going to be a totally free man,” said Paquin, who still had to comply with strict conditions of release.

At the time, star informer Bernard Provençal testified against Paquin, claiming that he had ordered the couple's murder after a dispute in Peru. 

Their bones had been discovered by hunters at Saint-Colomban in the Laurentians several months after their disappearance.

Paquin was convicted of two counts of premeditated murder five years later, in 1983.

Project innocence

The man, who has always maintained his innocence, spent 18 years behind bars before being granted parole.

 In 2020, he applied to the Minister of Justice for a review of his convictions.

 His story was told on Projet Innocence Québec, a program hosted by Marie-Claude Barrette, which showcased the work of lawyers and students trying to shed light on cases of miscarriage of justice.

A saga that has lasted 45 years*

June 1978: Ronald Bourgoin and his wife Sylvie Revah are murdered

October 1978: A hunter discovers their bodies in Saint-Colomban.

June 1983: Claude Paquin convicted of two counts of premeditated murder

December 1987: The Quebec Court of Appeal dismisses his appeal.

November 1999: He obtains a reduction in his parole period.

January 2020: He applies for a review of his criminal convictions

April 2024: Federal Justice Minister orders new trial.

EXTRACTS FROM THE APPLICATION FOR REVIEW:
According to the application for review, a copy of which was obtained by our Bureau of Investigation, Provençal lied on more than one occasion about several key facts, leading the Minister of Justice to grant the 81-year-old's application for review.

“There are reasonable grounds to conclude that a miscarriage of justice likely occurred,” says Canada's Minister of Justice, Arif Virani, in a statement released Monday.

The Honourable Virani's conclusion “stems from the discovery of significant new information (...) that calls into question the fairness of the process”.

Police conspiracy

Claude Paquin's lawyers, acting on behalf of Projet innocence Québec, cited several troubling facts in their application for review.

In particular, they claim that the informer Provençal conspired with the police to have him convicted, to have sold his version of events and to have obtained benefits from the police that he never disclosed (see excerpts from the application for review).

The informer Provençal finally declared in an affidavit 13 years later that Paquin had nothing to do with the double murder, but this was not enough for the Supreme Court of Canada to order a new trial.

“It's been several years in the making. Mr. Paquin can now walk with his head held high,” said his lawyer, Julie Harinen.

The case will now have to be referred back to the Quebec courts, where a decision will be made on what to do next, bearing in mind that several witnesses and key people are now deceased.

“(...) The informer's testimony was fabricated”.

“The informer Provençal mentions certain advantages he allegedly received in exchange for his statements” in an affidavit

“Police allegedly turned a blind eye to major crimes committed by informer Provençal”.

“The informer Provençal even lived in a trailer belonging to the police officer (...)”.

He “reveals that he systematically perjured himself in his testimony (...) and that the police asked him to conceal from the court any form of advantage he might have received”.

Source: Request for review sent to the Minister of Justice of Canada by Projet innocence Québec

* Sources: Department of Justice Canada and Journal de Montréal archives

Translated with DeepL.com (free version)'

The entire story can be read at: 

https://www.journaldemontreal.com/2024/04/30/je-vais-enfin-etre-un-homme-totalement-libre---un-nouveau-proces-41-ans-plus-tard-pour-un-homme-reconnu-coupable-davoir-commande-le-meurtre-dun-couple

SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;


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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Christina Swarns: Executive Director: The Innocence Project;

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YET ANOTHER FINAL WORD:


David Hammond, one of Broadwater's attorneys who sought his exoneration, told the Syracuse Post-Standard, "Sprinkle some junk science onto a faulty identification, and it's the perfect recipe for a wrongful conviction.


https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-12348801

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