Accused of trying to kill a lawyer | He pursues his alleged victim

A real estate developer accused of hiring two men to assassinate a Desjardins lawyer is demanding $200,000 in defamation from the alleged victim for sullying his reputation. An “odious” attempt to intimidate Jean-François Malo before his criminal trial, replies the lawyer who was shot during the attack.

The trial of Jean-François Malo is in full swing for the second week at the Longueuil courthouse. Dozens of witnesses are expected. The Joliette businessman is accused of trying to kill Nicholas Daudelin in March 2020. According to the Crown, he ordered the assassination from two accomplices.

Now a judge of the Court of Quebec, Nicholas Daudelin represented the Desjardins Movement in multi-million dollar litigation against Jean-François Malo at the time. The young lawyer was shot in the leg when Daouda Dieng and Cheikh Ahmed Tidiane Ndiaye opened fire on his residence.

Denouncing the “highly virulent and defamatory” comments of Nicholas Daudelin and the “excessive” media coverage towards him, Jean-François Malo sued Nicholas Daudelin for defamation, THE Montreal Journal and Droit-inc for $200,000 in May 2023. The three defendants have since tried to have this lawsuit dismissed for abuse of process.

During the observations on the sentence of MM. Dieng and Ndiaye – sentenced to 9 and 10 years in prison and appealing the verdict – Nicholas Daudelin told the court that he had been offered to “change his life” by the Sûreté du Québec, since his life was in danger. He described hiding out for months in Witness Protection Program “hides.” He mentioned that relatives had received threatening calls. Nicholas Daudelin made similar comments in an interview with Droit-inc.

In his request, Jean-François Malo accuses Nicholas Daudelin of “attempting[r] by all means to smear the applicant by falsely associating him with threats.” The Malo camp argues that Mr. Daudelin knew very well that the relocation had “nothing to do” with the attack of which he was the victim.

“The defendant Daudelin uses his status as a member of the Bar so that his defamatory remarks are received more seriously,” alleges Mr. Malo in his motion.

Jean-François Malo affirms that these comments, as well as the “excessive” media coverage, “to all intents and purposes destroyed” him. Since then, the business world has cut off all contact with him, he laments. He also had family problems.

“Attempted intimidation”

This prosecution is an “attempt to intimidate” targeting the alleged victim “of a heinous crime”, replies the Daudelin camp in a motion to dismiss for abuse of process. Nicholas Daudelin and the two media outlets are asking Judge Daniel Urbas to dismiss the lawsuit, without a trial. The decision is under advisement.

“At the outset, let us emphasize the outrageous nature of the Request: Malo, currently accused of having attempted to assassinate M^e Daudelin and having wanted to intimidate him in the context of his duties as an officer of justice, is now suing him before the civil courts,” the petition states.

According to the Daudelin camp, civil courts must send a “clear message to people accused of heinous crimes” that the courts should not be used to circumvent release conditions. Mr. Malo was in fact prohibited from communicating with the complainant.

“Such exploitation of the judicial system by an accused, awaiting trial, in order to intimidate his alleged victim, cannot be tolerated and must be severely punished,” insist Nicholas Daudelin’s lawyers from the Sarrazin Plourde law firm.

On the other hand, the defamation suit essentially targets the testimony of Mr.^e Daudelin before the Court of Quebec, raises the Daudelin camp. However, witnesses benefit from immunity for their testimony given in good faith, it is emphasized. And in any case, there was nothing defamatory in these comments, argue Nicholas Daudelin’s lawyers.

In their motion to dismiss, THE Montreal Journal (MédiaQMI) maintains that it fairly reported the legal proceedings, and adds that it therefore benefits from immunity for a defamation suit. The pursuit of Jean-François Malo “strongly resembles an attempt at intimidation,” maintains MédiaQMI.