Detained since Wednesday, Tony Accurso turned to the Court of Appeal on Friday morning in the hope of being released pending appeal proceedings before the Supreme Court. His final appeal presents a “national interest”, pleaded his lawyer Me Mark Labelle.
Posted at 2:44 p.m.
On Wednesday, the Quebec Court of Appeal refused to grant Tony Accurso a third trial, thereby confirming his four-year prison sentence. The fallen construction magnate was found guilty of fraud, bribery and conspiracy by a jury after his second trial in June 2018.
Tony Accurso was a key figure in a system of collusion that lost millions of dollars to Laval residents from 1996 to 2010. Under this criminal system established by the former mayor of Laval Gilles Vaillancourt, complicit companies obtained public contracts in exchange for political financing and bribes to elected officials and municipal officials.
The corrupt entrepreneur asked for a new trial at the Court of Appeal, mainly because of the excesses of an exceptional police investigation into the circumstances of the abortion of the first trial. The Permanent Anti-Corruption Unit (UPAC) then questioned three jurors to determine whether there had been obstruction of justice.
If the Court of Appeal did not agree with Tony Accurso, it nevertheless severely skinned the UPAC, underlining the “incredible recklessness” of the police. The Court of Appeal also characterized the Crown’s lack of transparency as “conduct [devant] be reproved”.
As several months may pass before knowing if the Supreme Court of Canada will agree to hear Tony Accurso’s final appeal, he asks the Court of Appeal to release him until the end of the proceedings.
“We have applied for authorization in criminal matters of national interest. These are questions of principle, that is to say, the reason relating to the jury inquiry, and its influence, and its impact on criminal trials in Canada,” argued Ms.e Marc Labelle Friday morning before the Court of Appeal.
There is no need to “allow the state to investigate jurors during an aborted trial”, argued Mr.e The beautiful. These questions of principle therefore require “special insight” from the Supreme Court.
According to Tony Accurso’s lawyer, a “well-informed citizen” will understand that his client wants to submit “important” questions to the Supreme Court and that the appeal process is an integral part of the judicial process. In addition, the 70-year-old man does not present a risk of flight, argued Mr.e The beautiful.
In addition, Tony Accurso will be able to request a parole from the sixth of his sentence. If he remains detained until the decision of the Supreme Court, his approach would thus become “academic”, fears Me Labelle, who teams up with Me Kim Hogan.
The Crown does not oppose the release of Tony Accurso. That said, the public prosecutor intends to “vigorously oppose” the request for leave before the Supreme Court, pleaded the prosecutor Me Magalie Cimon.
The Court of Appeal took the decision under advisement.