The Crown pathologist in the case of ex-judge Jacques Delisle, awaiting a second trial for the murder of his wife, no longer meets the standards of his laboratory to defend his expertise in court.
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The expert, who presented the results of the victim’s autopsy during the first trial in 2012, recently lost his authorization to testify in court. And the possibility that he finds her is currently considered “low”.
Testimony given in 2021 and qualified as “unsatisfactory” in the eyes of his peers would have led to the issuance of this administrative directive, the defense reported on Wednesday.
Unknown reasons
The mystery persists as to why the testimony given by the pathologist no longer meets the quality standards established by the Laboratory of Forensic Sciences and Forensic Medicine in Montreal.
Hypotheses were raised on both sides on Wednesday, but a publication ban prevents us from reporting the content.
Visibly concerned, Judge Jean-François Émond suggested that the Crown question the laboratory again in order to shed light on this affair.
Uncertain testimony
It should be noted that the presence of this important witness in view of a possible second trial has been at the heart of the discussions between the parties in recent months.
Last fall, the criminal and penal prosecuting attorney, Mr.and François Godin claimed that health reasons could compromise the pathologist’s testimony. Four forensic experts from a laboratory in Switzerland had also been retained by the public prosecutor to study the technical and scientific evidence.
Since January, however, new information obtained by the Crown argued for a presence at the bar of the expert.
Decide the request
Mand Jacques Larochelle insisted that these questions not delay the deliberations of the motion for a stay of proceedings for unreasonable delays and abuse, which was debated last November.
Jacques Delisle’s lawyers accuse the public prosecutor’s experts of having committed serious faults, which the public prosecutor denies. Judge Émond must decide.
Jacques Delisle was convicted of the premeditated murder of his wife in 2012. In April 2021, the federal Minister of Justice ordered a new trial, saying he was convinced of a possible miscarriage of justice.
The crown ask for a publication ban
Referring to the importance of preserving the jury in the event of a second trial, the Crown prosecutor unsuccessfully tried to obtain a non-publication order on all of the proceedings that took place on Wednesday, including that on the qualification of his expert witness.
The defense opposed this request.
Judge Émond ruled that such a measure would be unfair to the accused and maintained the status quo.
It must be said that the content of all the exhibits filed in support of the motion for a stay of proceedings as well as the details of the state of health of the Crown pathologist have already been subject to a publication ban.