The trial of Nathalie Normandeau would have to be completed in April 2018, had not been the interlocutory appeals of the defence and a journalist, claimed the Crown, which rejects any responsibility for the leaks and delays that have resulted.
Remember that the defense, which calls for the stopping of proceedings under the judgment in Jordan, blame the public ministry and the State – in the broad sense – for these leaks from UPAC that have crippled and are crippling always the judicial process.
However, according to Geneviève Gravel, the Director of criminal and penal prosecutions (DPCP), “these are not the leaks that have caused the delays”, but of the motions filed by the defense, which seeks to know the identity of the authors of the leaks in the media, in the context of another query in judgment of the procedures of type Babos.
At the time, the co-accused of Mrs. Normandeau, Marc-Yvan Côté, had summoned the journalist Marie-Maude Denis, Radio-Canada, in order to try to force him to reveal his sources for reports in the emission Survey in 2012 (“amiss”) and in 2015 (“Erasures and tear”).
The debate on this subpoena went to the supreme Court. Ms. Denis has never had to testify. And the investigation Oath – led by the Office of the independent investigations – has taken over in order to identify the members of UPAC responsible for leaks. This investigation is still in progress and may not be completed before two years.
“We are being asked the impossible”
The defence alleges that the Crown has not been sufficiently proactive to prevent leaks. Me Gravel, DPCP, replies that require “the impossible” of the public ministry, considering that the leaks referred to by the defence in its request occurred prior to the arrest of the six co-accused (Nathalie Normandeau, Marc-Yvan Côté, Bruno Lortie, France Michaud, Mario Martel François Roussy) in march 2016.
“There are no reasonable steps that a public prosecutor can take, pre-arrest, to prevent two leaks, including one that is not related to his / her file,” insisted to Me Gravel on the occasion of the fourth one-day hearing of a new request for a stay of proceedings.
“I submit that there is nothing else that could be done. This is unfortunate, we know the sequence of events; it will have a significant impact in the folder, it has a significant impact on the time limits, the department public is very aware of that, but there is nothing else that the public prosecutor could take action to stem the consequences of these two leaks-there”, has added Me to Gravel.
Crime committed by police officers
Any fault of the police, furthermore, can only be attributed to the public ministry, she argued during oral argument before the judge André Perreault at the palace of justice of Quebec.
“From the time where delays are occasioned by conduct which is serious criminal police – or of the allegations because the investigation is still going – continued, it is in another register and there is no common liability in that regard, and it has nothing to do with the judicial proceedings.”
The hearing of the motion Jordan, which was to last three days at origin, if is stretched to a fourth day Friday, and will likely require a fifth.
Recall that the former deputy first minister of a liberal Nathalie Normandeau, and his co-accused face various charges of fraud against the government, breach of trust and corruption in municipal affairs for their involvement in the alleged system of financing political occult, in exchange for public contracts.