Thirty-four Hells Angels, one-third of all who pleaded guilty during the proceedings of superprocès SharQc, filed many petitions to the Court of Appeal last Friday for permission to overturn their conviction and withdraw their guilty pleas , La Presse has learned.
This approach of a block of 34 convicts SharQc is motivated by the stay of proceedings imposed last October 9 for the five members of the section of Sherbrooke, whose trial began in late summer. James L. Brunton judge of the Superior Court had ruled that it was the only possible remedy for a “serious breach of procedures” of the Crown who had just dropped, while jury trial was started, proof that the defense claimed for five years and which raised contradictions in the versions of the witness-featured Sylvain Boulanger.
Primarily, the applicants are those who have received the most severe sentences and who pleaded guilty in the first waves. A total of 106 accused entered a plea of guilty, in most cases only to the conspiracy charge, and received their award during the procedures SharQc. Many of them have served their full sentence and have been released, but it is not excluded that other prisoners still detained also go to the Court of Appeal.
‘Violated rights “
The applicants claim to have learned from the media, October 9, that the evidence was incomplete when they pleaded guilty, in most cases in 2012 and 2013. And because the evidence was incomplete, they say they have done a choose poorly lit, that the new evidence could influence their decision, they would not have proceeded with the joint agreement with the Crown and entered a plea.
Bikers adds that its plea is invalid and was obtained “in flagrant violation of their constitutional rights.”
They consider their advocacy in such circumstances is also an abuse of process and requested a stay of proceedings initiated against them. They judge that the order for a new trial “would undermine the integrity of the judicial process would not serve the ends of justice and perpetuate the irreparable damage to the integrity of the justice system.”
The Appeals Court will hear on December 18 the defense lawyers who wrote the queries, Mylène Lareau, Me and Me Chantal Gariépy Melany Renaud, on the application for leave to appeal. If the requests are received, the defense and the Crown debate around the new evidence filed in connection with the operation SharQc and the Court of Appeal ruling.
Half a dozen other defendants, who had pleaded guilty to the conspiracy leader in recent months, should receive their sentence in a few days. However, we must expect that there will be twists and turns in their case too.
The applications were lodged with the Court of Appeal on the eve of the funeral of Hells Angel Lionel Deschamps in Repentigny, during which more than 300 Hells Angels in Quebec and across Canada, members of their schools and club supporters Visibility conducted a demonstration under the watchful eye of the police.