The detention of anti-vaccine leader François Amalega Bitondo for 38 days in “notoriously difficult” conditions, following a demonstration in January in front of the house of Radio-Canada, sends “shivers down the spine” for the judge of the Court of Quebec Dennis Galiatsatos, who wants to see him released quickly.
Posted at 1:24 p.m.
Mr. Amalega appeared at his trial on Wednesday to answer a count of having failed to respect conditions which prohibited him from “entering a radius of 300 meters” of Prime Minister François Legault. This condition had been imposed on him by the Court following a demonstration in Shawinigan, in November, during which Mr. Amalega found himself a few meters from the Prime Minister, very close to his close guard. However, on January 16, the activist found himself, megaphone in hand, in front of the Radio-Canada studios, when the Prime Minister probably arrived in his convoy of vehicles to attend the recording of the episode Everybody talks about it.
For semantic reasons, the accusation against Mr. Amalega very nearly fell at the start of the hearing. The denunciation reproached Mr. Amalega for having “found” 300 meters from the Prime Minister, while his conditions of release prohibited him from “entering” within such a radius.
“The accused has now been detained for 38 days, only to find that there is a potentially major error in the indictment […]. I ask myself very seriously the question as to why the accused is being held in court today, in notoriously difficult conditions”, launched the magistrate before suspending the hearing for a few minutes.
After hearing the Crown’s argument, the judge quickly concluded that there was no proof that the Prime Minister was indeed in the black vehicle which passed Mr. Amalega that evening, and even less that the accused “entered” within 300 meters by knowingly failing to comply with its conditions.
“The word ‘penetrated’ is the very basis of the accusation. [La Couronne] could and should have noted the text of the condition by authorizing the accusation, the day after the accusation of the gentleman, ”reproached the judge.
“Is it even possible to ‘enter’, from a logical and legal point of view, in an exterior, open space, in the middle of an intersection, in a metropolitan center? “, he asked, before acquitting the accused by saying that there was a “total absence of evidence” against Mr. Amalega.
“We don’t keep people in prison simply because we find them tiring, disturbing. And above all, and it’s sad to have to remember this, we don’t detain citizens in prison simply because they may be against government decisions. [ou] that they dared to show their disagreement with laws or measures,” thundered Judge Dennis Galiatsatos.
“Unfortunately, there are many places in the world where the state cracks down by banning all dissent by imprisoning its inhabitants. But Canada is not one of those countries,” he added.
The arrest of Mr. Amalega following the demonstration in front of the studios of Radio-Canada had caused a cascade of consequences. Also prosecuted in Trois-Rivières, Shawinigan and Joliette for non-compliance with similar conditions, Mr. Amalega was suddenly revoked of his parole, and found himself in prison at least until the holding of his trial of Trois -Rivers, which was set at the end of April.
His acquittal by judge Dennis Galiatsatos in Montreal does not allow him to regain his freedom immediately.
After representing himself on several occasions before the courts, Mr. Amalega enlisted the services of lawyer Pierre-Richard Deshommes. The latter asked the judge for a written copy of his decision to submit it to a judge in Trois-Rivières, in order to obtain the rapid release of his client, but the judge said he was unable to grant his request.