To ensure a fair and equitable new trial for ex-judge Jacques Delisle, accused of the murder of his wife, the content of all the documents in the file was banned from publication on Friday morning. This will be in effect until the start of his trial, if it does take place.
The 86-year-old former Quebec Court of Appeal judge has been claiming his innocence since his arrest.
After undergoing a first criminal trial, he was sentenced in 2012 to life in prison for the murder of his wife, 71-year-old Nicole Rainville. According to his version, his wife, depressed and paralyzed on the right side, took her own life in 2009 using a gun.
The Crown prosecutor pleads for his part that Jacques Delisle got rid of his wife to live with his mistress and avoid a costly divorce.
The guilty verdict was confirmed by the Court of Appeal. The Supreme Court of Canada then refused to hear the ex-judge’s appeal.
Claiming to be “the victim of a miscarriage of justice” and having exhausted all his recourse before the courts, Jacques Delisle then presented an application for review of his case to the Federal Minister of Justice, a very rare procedure, but provided for in the Criminal Code.
Minister David Lametti granted his request last April and ordered a new trial, as he said new information has since been discovered.
The date of the new trial remains to be determined and it is not even certain that it will take place since the accused’s lawyers have brought a motion to stay the proceedings on the grounds of “unreasonable delay and abuse”. She will be heard at the end of November at the courthouse in Quebec.
Nevertheless, in anticipation of a possible trial, the Crown prosecutor, Me Francois Godin, asked the court to pronounce an order of non-disclosure and non-publication of all the documents in the file. He wants to prevent the dissemination of evidence and their media coverage from undermining the constitution of an impartial jury to hear the case, he told the To have to.
Judge Jean-François Émond of the Superior Court granted his request: the defense lawyer, Me Jacques Larochelle, did not object. The magistrate also sealed a document: no one will be able to consult it other than the lawyers of the parties and the judge who will hear the case.