The nine judges of the Supreme Court of Canada will hear, in the first months of 2017, the record of the sexual abuser of Saint-David-de-Falardeau Jean-Louis Savard. The cause does not require an analysis to be placed on the agenda because it is an appeal as of right because of the dissent of one of the judges of the Court of Appeal of Quebec .
The defense lawyer, Mr. Christian Maltais, confirmed to the newspaper The Daily have sent official documents to the representatives of the highest court of the country on Tuesday morning. He thinks now that six to ten months will be needed before the case is heard in Ottawa.
In the document sent, the criminal lawyer argued that the dissent of the court concerns a question of law.
“The majority of the Quebec Court of Appeal did err in law in concluding that the trial judge did not err in law in its analysis of the credibility of the appellant and other witnesses defending? “asks Mr. Maltais.
February 25, judges Benoit Morin and Julie Dutil of the Court of Appeal of Quebec, have validated the guilty verdict of the trial judge, Michel Boudreault, in the place of Jean-Louis Savard, a man 69 who now lives in Raguenaud (North Shore). Savard was sentenced to six years in prison for indecent assault and gross indecency on five of his nieces and nephews. The events occurred in the 60 and 70 at the family residence, Range 2 Saint-David-de-Falardeau.
Except that in this same decision of the Court of Appeal of Quebec, on the guilty verdict, Judge Jacques Chambrerland concluded that a second trial should have been held. If the judge does not question the credibility of the testimony of victims, he thinks that the accused and his witnesses was rejected by the judge Boudreault.
“We have actually filed the notice. I received the family of Mr. Savard mandate to do so at the Supreme Court of Canada. This is an appeal as of right, in the sense that we do not have to get permission from the Supreme Court of Canada to be heard, “said Mr. Maltais.
The latter now has three months to prepare and present its submission to the highest court in the country.
Then it was the turn of the Director of Criminal and Penal Prosecutions to forward its memory.
“My arguments will focus on the dissent of Justice Chamberland. His questions seemed pretty serious and convincing to go further, “said Mr. Maltais.
The hearing could be relatively short given that the Supreme Court will have taken care to read the submissions.
Remains to be seen whether Jean-Louis Savard will resume its freedom again.
“It is possible that I request a new freedom Fitness survey for my client. I will discuss the matter in the coming days and it is not impossible that I could move forward. This survey will be heard by the Quebec Court of Appeal. And as Mr. Savard had been released after the guilty verdict (10 June 2015), I think our chances to get him out of jail again could be good, “said Mr. Maltais.
In the days following the judgment of the Quebec Court of Appeal, Jean-Louis Savard was taken to prison to serve his sentence of six years.