A 60-year-old from Amos will finally face a third trial, seven years after filing charges for sexual activity with his daughter.
The crimes were allegedly committed between 2008 and 2014, with one victim then aged 6 to 12.
Acquitted for the first time in 2017, the man saw that the Court of Appeal overturned the verdict in 2019 and ordered the holding of a second trial. The case was heard in April 2021, but Judge Marc Grimard was never able to deliver his verdict for health reasons, forcing a new trial.
Judge Christian Leblanc on Friday denied the motion for termination of proceedings filed by Me Marie-Laurence Spain. The attorney for the accused was particular in his motion that there was abuse of process in this case and the passage of time could have an impact on his client’s right to full answer and defense.
According to Justice Leblanc, the prosecution’s decision to request a third trial does not represent an abuse, given the exceptional circumstances in this case. He argues that the nature of the alleged acts, their duration and the age of the alleged victim mean that society expects that such accusations will be reviewed by the courts.
Judge Leblanc reminded us that the judge’s illness at the second trial was an unfortunate, unpredictable and very rare occurrence. He also recalled that the defense was responsible for part of the delays incurred over the past two years, primarily due to the discomfort experienced by the accused and changing attorneys.
The judge also believes that, although the passage of time may have an impact on the testimony of the alleged victim, the court will be able to judge its credibility during the third trial.
Finally, Justice Leblanc does not believe that the defendant suffered any peculiar inconvenience caused by the stress and stigmatization caused by the delays, other than biases regarding the deterioration of his state of health.
The case was adjourned to May 30, when prosecutors will try to set dates for a possible third trial.
Source: Radio-Canada
