Criminal proceedings against an alleged Montreal car theft ring have just been derailed due to excessive delays in obtaining a trial.
A “regrettable” failure, given the “scourge” that this crime has become, indicated the Court of Quebec. She attributes the delays of several months that accumulated in the file to poor management practices by the Crown.
Obeida Borghol, James Rizk and Ali Trad were accused following an investigation that mobilized several Quebec and Ontario police officers. The suspects were followed for 10 days.
According to the prosecution, the three men rented luxury vehicles, installed a GPS chip in them and returned them. They could then geolocate their target and capture it during a subsequent rental. These allegations have never been proven in court.
The trio was charged in May 2021. They have pleaded not guilty. Their trial was scheduled for May 2024. Too long, according to the courts, which ordered a stay of proceedings.
“Mishandled” affair
“The case was mishandled at the very beginning of the proceedings when it was assigned to a prosecutor assigned to the Dialogue program [un programme de médiation] “, assessed Judge Salvatore Mascia in a decision which has just been made public. “It took 20 months for the said prosecutor to realize that the trial in the present case could not be handled by a prosecutor in the said program. »
The judge noted that the defense lawyers could hardly discuss with their counterparts the Crown to move the case forward. “Not as difficult as getting an audience with the pope,” he wrote, but not far off: appointments were canceled because the file was lost and a telephone system for making appointments was imposed on them. -you rigid and inadequate.
“The absence of a concrete management plan to complete the applicants’ case is glaring,” continued Judge Mascia. “This is not a particularly complex cause. »
The Director of Criminal and Penal Prosecutions (DPCP) argued that the delay in the file was attributable to the “backlash effect” of the pandemic. The argument was not convincing.
Added together, the delays far exceeded the ceiling set by the Jordan decision. In the case of one of the accused, the time taken to obtain a trial was twice as long as the maximum time limit.
“The situation is regrettable given the efforts made by the police in the investigation of this matter,” added Judge Mascia. “Not without concern, motor vehicle theft has become a scourge across the country and particularly in the city of Montreal. »