New twist trial “kayak” in Sherbrooke.
Even if the trial had begun its final phase with the pleadings, it has once again been arrested for filing a request for the issuance of a writ of prohibition in place of the judge hearing the trial.
Eric Letarte, Rock Dany Proulx and Ward are charged with various counts related to drug trafficking linked to the Hells Angels.
The lawyer Eric Letarte, Jean-Pierre Gagnon, asked on April 11 in Superior Court that Julie Beauchesne judge of the Court of Québec is lifted the trial and states that “there is a reasonable apprehension of bias” .
The request takes its basis of a question from the prosecutor to criminal prosecution Stéphanie Landry after publishing an article about Mr. Gagnon would have saved the tribunal in March in a case at the Quebec City courthouse. The prosecutor to criminal prosecution raised the court that the defense counsel could also record evidence or proceedings in the trial “kayaking”.
“It is at this point that the respondent (note: Judge Julie Beauchesne) spontaneously declared that she had also read an article about it on the website” Right inc. “And that it shared the concerns of Mr. Landry, then asking the undersigned swear on an oath of office that he had not registered with the help of an intelligent pen during this trial,” said Ms. Gagnon in the application for prohibition.
The defense lawyer told the court that “it would not accept in any way that such allegations are launched on it. ”
The accused expressed Letarte would have felt shaken by the questioning of his lawyer.
“It is reasonable to believe that it (note: the judge) has formed an opinion on the professional integrity of the undersigned to read a single news item, not asking his position on the comments of Mr. Landry before asking him to prove somehow his innocence under oath. This article is clearly biased and defamatory to the place of Jean-Pierre Gagnon and his professional integrity, and does not state clearly what really happened to the other instance (…) The behavior of the trial judge gives reasonable apprehension that it has already found a breach of ethics or general fault of the applicant’s lawyer accused without even having heard the evidence about it and to take inappropriate measures in the circumstances to meet the goal sought by prosecutors questioned, “says Mr. Gagnon in its application by raising fear” reasonable apprehension of bias. ”
A debate in a stay of proceedings in the weeks of 11 and 18 April 2016 had already take place in the folder.
Twenty witnesses were called to testify before the judge Julie Beauchesne, including a civilian agent infiltration by the prosecution. The three defendants had not submitted defense.
Defended by Jean-Pierre Sharpe, Ward is accused of gangsterism, conspiracy to drug trafficking and drug trafficking. The customer of Jean-Marc Bénard, Rock Proulx, is accused of drug trafficking while Eric Letarte, represented by Mr. Jean-Pierre Gagnon, is accused of cannabis production.