The rejection of the request for issuing a brief prohibition to ensure that Julie Beauchesne judge of the Quebec Court does not hear the end of the trial “kayak” is appealed.
Counsel for the accused Eric Letarte, Jean-Pierre Gagnon, filed an appeal of the rejection of the request to issue a writ of prohibition in which he asks to declare that “there is a reasonable apprehension of bias to a reasonable person in the conduct of the Honourable Julie Beauchesne. ” He asks to prohibit Beauchesne judge to continue to preside over the trial.
The trial where Eric Letarte is accused
production of cannabis, Dany Ward gangsterism, conspiracy to drug trafficking and drug trafficking, and drug trafficking Rock Proulx visited the pleadings stage.
Last week, Gaétan Dumas judge of the Superior Court dismissed the motion for a writ for prohibition.
The request was holding its foundation a question from the prosecutor to criminal prosecution Stéphanie Landry after publishing an article about Mr. Gagnon who have recorded the work of the Court 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”. The Beauchesne judge would have declared it shared the concerns of the prosecution.
“What it does is ask a sober tone if Mr. Gagnon has used its smart pencil to record during the hearings.”
After hearing the audio, the Dumas judge corrected a claim of the applicant: “She does not mention Ms. Landry share concerns and does not ask Mr. Gagnon to swear on his oath of office. What it does is ask a sober tone if Mr. Gagnon has used its smart pencil to record during hearings in the trial kayak, “Dumas indicated the judge in his decision by saying that the judge Beauchesne “in no way calls into question the professional integrity of Mr. Gagnon, but says his word is enough.”
Gagnon says in his complaint that “the trial judge erred in law in finding that the respondent’s behavior subject of an action for prohibition did not create a reasonable apprehension of bias to a reasonable person” Mr. Gagnon argues.
In the coming days, the defense attorney must also file a motion for stay of proceedings so that the process does not continue until the appeal on the issue of a writ for prohibition will not be filed.
Letarte is the only accused to be released in the case. Ward and Proulx have been held for nearly three years.
The case was postponed to May 3 to secure further proceedings in the Court of Quebec, but the file could be delayed due to hearings before the Court of Appeal.
The “kayak” operation took place June 12, 2013 to search several places in the Eastern Townships, including Sherbrooke, Saint-Denis-de-Brompton, Windsor, Dudswell, Stukely-Sud, Sainte-Christine and the Canton Cleveland .