Charges of fraud and production of false court session records and false default judgments have just been brought against a recently retired judge of the Longueuil Municipal Court, following a journalistic investigation by the Montreal Journal.
A police investigation by the Permanent Anti-Corruption Unit (UPAC) followed the Montreal daily’s revelations about Judge Jean Herbert, which made it possible to lay criminal charges. In the meantime, the magistrate has retired.
“Between July 2016 and March 2019, Jean Herbert invoiced the City of Longueuil for uncompleted work hours. The amount of the fraud is estimated at more than $38,000,” UPAC said in a press release on Monday.
The amounts indicated are those that the police were able to trace. However, the evidence already presented before the Judicial Council demonstrated that part of the older documentation was not accessible.
In 2019, THE Montreal Journal had revealed that Judge Herbert would have brought forward the appearance of one of his acquaintances and would have acquitted her in 42 seconds, in connection with a Highway Code infraction. A report also reported the hours billed by the magistrate, which did not always correspond to the data recorded in the court’s computer system.
Three complaints were brought against Jean Herbert before the Judicial Council after these revelations.
As part of the disciplinary proceedings, a former municipal prosecutor testified about an episode that occurred in 2002. Behind closed doors, the judge allegedly asked her to use a ploy to artificially drag out a court session so that he would see her increased remuneration.
The investigative committee of the Judicial Council had described Mr. Herbert’s conduct as “manifestly dishonest”.
As for the bringing forward of the hearing date of one of his acquaintances whom he had acquitted, the judge had provided explanations considered uncredible and clumsy by the Council’s investigation committee, which concluded that there was a conflict of interest. ” obvious “.
In relation to the overbilling of hours worked, a report provided to the Council listed 162 cases of overbilling of hours worked by Judge Herbert, for an amount of nearly $40,000, which corresponds to the amount retained in the court file. criminal investigation.
The Judicial Council was unable to recommend any sanctions since the judge had already retired. As for the criminal charges, Mr. Herbert will appear at the Longueuil courthouse on March 26.
Mr. Herbert and his lawyer had not responded to a request for comment at the time of publication.