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Collision between two trucks, spilled corn causes traffic headaches in Lafontaine tunnel

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Motorists who normally use Highway 25 southbound as it approaches the Louis-Hippolyte-Lafontaine Tunnel are being advised to find an alternate route as Transport Québec is cleaning up the mess left behind when two trucks collided early Tuesday afternoon. 

The trucks collided near the entrance to the tunnel sometime before 2 p.m. and the mess it created forced Transport Québec to close the southbound lanes into the tunnel completely. Complicating matters is that a large load of corn spilled out of one of the trucks when the accident occurred.

As of 4 p.m., at least one of the three lanes was cleared and reopened. A Transport Québec spokesperson said it is difficult to estimate how long it will take to reopen the other two lanes. He also advised drivers to consider the Jacques Cartier Bridge as an alternative. 


Squad investigating Montreal police feared destruction of evidence

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Investigators with a special squad assigned to investigate the Montreal police were concerned that evidence would be destroyed to cover up crimes after it executed a series of search warrants late last month. 

On Oct. 27, André Thériault, a member of the Sûreté du Québec assigned this year to the squad composed of investigators from several different police forces, prepared an affidavit requesting a special type of warrant while expressing concern there was a “risk of the destruction of documentary and computer evidence” if he had to appear in person before a justice of the peace to obtain a standard search warrant. His request was made the day after the special squad carried out standard search warrants at five different Montreal police offices, including two at its headquarters on St-Urbain St. and a building on Iberville St. that it uses to archive information.

Theriault’s request is part of a series of documents related to the investigation obtained by the Montreal Gazette on Tuesday. His request confirms that the special squad is investigating Montreal police officers for having been paid bonuses they did not merit and possibly overtime that they did not work. The day after the five warrants were carried out, Montreal Police Chief Philippe Pichet suspended his chief of staff Imad Sawaya and confirmed to reporters that the raids concerned Sawaya. 

Investigators are probing allegations of fraud and breach of trust. The special squad, referred to in French as the “équipe mixte-dossiers SPVM”, was ordered in February, by Public Security Minister Martin Coiteux, after three Montreal police officers went public with serious allegations concerning the Montreal police Internal Affairs division. 

Thériault’s affidavit reveals their ongoing investigations go beyond the Internal Affairs division.

“The facts gathered so far suggest that Montreal police officers claimed (a specific type of bonus coded #98 on internal spreadsheets) to which they did not have a right to. First, the circumstances under which these claims were made lead me to believe they are fraudulent acts,” Theriault wrote in October. He also alleges that Montreal police managers were informed of the situation and that their “inaction suggests to me a breach of trust.” One of the documents obtained indicates they are investigating 13 people.

The allegations made in the affidavit have not been proven in a court of law. 

The bonuses appear to involve the differences in salary between neighbourhood police station sergeants and all the other Montreal police sergeants. Neighbourhood police station sergeants are paid more because they handle more tasks. The other sergeants are only supposed to be paid the bonus if they are temporarily assigned to work at a neighbourhood police station. 

Thériault’s chronology of the investigation begins with a meeting members of the special squad had, on Sept. 27, with Mario Lambert, a former Montreal police homicide detective who lost his job, in 2012, after he was convicted of fraud for having used a police database without proper authorization. His conviction was later overturned by the Quebec Court of Appeal. What happened to Lambert has been a sore spot within the Montreal police for years and, according to several police sources, it was a source of division among many high-ranking officers with some feeling strongly that Lambert was set up by a fellow Montreal police investigator. 

A summary of what Lambert said on Sept. 27 was heavily redacted from the version of the affidavit obtained by the Montreal Gazette, but he made reference to a fraud complaint made to police concerning a company he believes it tied to a member of the Montreal police. Lambert apparently alleged the fraud was never actually investigated because of its ties to the unnamed officer.  

On Oct. 5, following the interview with Lambert, two investigators with the special squad met with a Montreal police officer. The officer’s name was redacted from the document obtained by the Montreal Gazette.

The summary of the interview is heavily redacted but it is apparent the Montreal police officer told the investigators that, in 2015, someone in management with the Montreal police “learned that there was no way of controlling overtime that had been billed.” While looking into the problem with overtime pay, the manager discovered officers were being paid bonuses they did not merit. 

“Unable to believe it and believing it was an error, he consulted the claims from previous months, about 10 or 12, only to learn that these bonuses were claimed regularly.” 

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The police officer who was interviewed also told the two investigators that as the manager continued to investigate he learned that records of the unwarranted bonuses were not recorded in paper form but did appear on a computerized system referred to as “management of decentralized administrative activities.” It appears that Thériault requested the special warrant based on concerns records would be altered or destroyed.

The redacted summary suggests the manager passed on the information to someone higher up and that the person “absolutely did not want to touch the file.” The officer also appeared to suggest this all transpired in 2015 while high-rankling officers were involved in a race to see who would be named as police chief. The officer also said the manager brought up the issue with someone in Internal Affairs and was told it was “no big deal, that we couldn’t produce evidence, that it might just be bad practices and that this could implicate other managers.” 

pcherry@postmedia.com

Police want your help to find Frédérick Silva, from Quebec 'most wanted' list

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Quebec provincial police and Montreal police are requesting the public’s help in locating Frédérick Silva, a suspect in Montreal’s 10th homicide of 2017 last May, and now also wanted in connection with an attempt to murder a man with close ties to the Montreal Mafia. 

Silva is considered armed and dangerous and is on the list of Quebec’s most-wanted criminals.

According to a release issued by the Montreal police on Wednesday, investigators believe Silva, along with 10 other individuals, entered a restaurant in Lachenaie, just north of Laval, around 9 p.m. on Tuesday, Feb. 21. Silva is suspected of shooting an individual there several times, hitting him at least twice, then chasing the victim on foot before returning to his car, a red Range Rover, and fleeing the scene. 

Montreal police provided this photo in hopes of helping someone identify murder and attempted murder suspect Frédérick Silva.

Investigators say they have identified five of the individuals believed to have accompanied Silva that night, and are still trying to identify another five. While the release does not name the victim, the shooting is an apparent reference to how Salvatore Scoppa, 47, was shot while at a restaurant in Lachenaie, which is part of Terrebonne. Scoppa is the brother of Andrea (Andrew) Scoppa, 53, the alleged leader of a Calabrian clan within the Montreal Mafia. 

Silva, 36, was already a suspect in a homicide that occurred on May 24 in Montreal outside the Cabaret Les Amazones, a strip club on St-Jacques St. in the borough of Côte-des-Neiges—Notre-Dame-de-Grâce. 

Anyone who sees Silva should call 911 immediately, and anyone who knows the location of this individual should contact investigators directly at 514-280-2053. Contact can also be made anonymously via Info-Crime at 514-393-1133 or infocrimemontreal.ca.

If you see or know the location of this man, Frédérick Silva, please contact police.

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Woman charged with impaired driving causing death on Jacques-Bizard Bridge

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A 25-year-old woman from Île-Perrot faces six criminal charges in connection with a fatal head-on collision near the Jacques-Bizard Bridge that cut short the life of a father of two earlier this year. 

Among the charges Marie-Michele Benjamin faces is impaired driving causing the death of Robert Albert. She is also charged with one count of dangerous operation of a motor vehicle causing death, a Criminal Code offence that carries a maximum life sentence upon conviction.

Albert, a 60-year-old Montrealer, was reportedly heading to a restaurant when his car was struck head on by another vehicle. The collision occurred on March 12 at the entrance to the bridge, near Cherrier St., and the subsequent investigation caused the complete closure of the link to Île-Bizard for hours that Sunday morning. Albert was taken to a hospital in critical condition, but died hours after he arrived. 

Benjamin, who is scheduled to make her first appearance at the Montreal courthouse this week, also faces three other impaired driving-related charges as well as one count of dangerous driving causing injuries to a woman who was apparently a passenger in her Chevrolet Aveo. A list of the charges was made public at the courthouse on Wednesday. 

pcherry@postmedia.com

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Accurso loses bid for stay of proceedings in Mascouche corruption trial

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A Quebec Superior Court judge has rejected construction entrepreneur Antonio Accurso’s request to have a stay of proceedings placed on charges he faces in an upcoming trial alleging he was involved in municipal corruption in Mascouche. 

Accurso, 66, tried to argue he has waited too long, since April 2012, for a trial in the case in which he is charged with fraud, conspiracy, corruption and breach of trust. Jury selection at the Joliette courthouse is scheduled to begin early in January. 

Earlier this year, Accurso filed a Jordan motion arguing, before Justice Daniel Payette, that the delay goes well beyond the 30-month limit the Supreme Court of Canada set last year and is a violation of his right, under the Charter of Rights and Freedoms, to be tried within a reasonable delay. The Supreme Court decision was delivered with the goal of addressing how Canadian courts had become seriously backlogged. The same decision gives judges options allowing them to make transitions while courts across the country deal with existing backlogs.   

Accurso’s lawyer, Marc Labelle, estimates the delay attributable to the Crown in Accurso’s case, by the time it ends, will be 54 months. The Crown estimates it is closer to 45 months. 

“Reality is situated between the two,” Payette wrote in his 29-page decision. 

Labelle had also argued that much of the delay could be attributed to how the Crown sought to proceed with a case in which Accurso was accused with 13 other people and two companies even though the crimes he is accused of are specific to him. In 2014, he requested that he be tried alone, but the Crown refused. Richard Marcotte, the mayor of Mascouche when arrests were made, was among the people charged in the case. He died of cancer last year while his case was still pending.

The accused were charged in one indictment listing 46 counts in all (it was later reduced to 18 charges in 2014). They allege that between 2008 and 2012, there was a system of corruption in Mascouche that involved elected officials and civil servants who worked for the city of Mascouche as well as construction entrepreneurs and engineering firms. In exchange for contracts, some accused were alleged to have helped finance Marcotte’s political party while others offered Marcotte trips, tickets to concerts or free construction work. As Payette mentions in his decision, Accurso is not accused of illegally financing Marcotte’s party, but he is alleged to have used his yacht to take Marcotte on vacations in the Caribbean on three occasions.  

Justice Payette made his decision last week, but it was kept under a publication ban that was lifted on Wednesday, following a request made in court by the Montreal Gazette and La Presse. 

“Up until July 2016 (when the Jordan ruling was made), the conduct of both parties was compatible with how the former structure worked,” Payette wrote in his decision.

He added that since then, any other delays that followed could not be attributed to the Crown or the court system. 

pcherry@postmedia.com

Twenty-two arrested in drug raids targeting biker gang

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A regional integrated squad based in the Saguenay-Lac-St-Jean region arrested 22 people and carried out four search warrants on Wednesday as part of an investigation into a drug-trafficking network with alleged ties to the Hells Angels. 

Police also seized two kilograms of cocaine, a small quantity of GHB and seven firearms while carrying out the warrants. They also seized seven vehicles and more than $140,000 in cash and had a seizure order placed on a residence in the region. 

“Initiated in 2014, this investigation allowed us to arrest suspects who are members of an outlaw motorcycle gang that had exclusive control over drug trafficking in that sector,” the Sûreté du Québec stated in a release issued after all the arrests were made Wednesday.

The SQ leads the various integrated squads based in different regions in Quebec. They are composed of investigators from local municipal police forces, the SQ and, in some cases, the RCMP. 

The people arrested range in age from 24 to 71. Only 18 of them were required to appear before a judge at the courthouse in Chicoutimi on Wednesday. 

A total of 120 police officers were deployed in the operation and some of the arrests were made in the Montreal area and the Montérégie region. The SQ said people tied to the network were believed to be involved in the distribution and sale of cocaine, cannabis and synthetic drugs.

One of the people reportedly arrested on Wednesday was Pierre Beauchesne, 45, a man with alleged ties to a Hells Angels underling gang. According to court records, a warrant for Beauchesne’s arrest was issued at the Quebec City courthouse earlier this week. The warrant names Beauchesne and five other people, including a woman, who all face four counts related to drug trafficking and one count of conspiracy. Although it was issued at the courthouse in Quebec City, the warrant appears to be directly related to Wednesday’s police operation as it was requested by a regional integrated squad investigator based in Chicoutimi.

In 2009, Beauchesne was convicted of drug trafficking in Montreal and was sentenced to a three-year prison term. 

pcherry@postmedia.com 

Dieuseul Jean convicted in death of girlfriend 22 years after slaying

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It took more than two decades, but justice finally caught up with Dieuseul Jean. 

Dieuseul Jean

Dieuseul Jean

A jury in its third day of deliberation at the Montreal courthouse emerged with a verdict on Thursday and, through its foreperson, announced they came to a unanimous decision and found the 56-year-old man guilty of second-degree murder in the Dec. 25, 1995 death of 42-year-old Juthlande Pierre. 

Pierre and Jean were a couple back in 1995, but were having problems during the holiday season. Through a court order, Jean was actually prohibited from being near Pierre at the time, but they went to a party together that Christmas Eve.

The Crown’s theory in the case was that after returning from the party to Pierre’s home early in the morning of Dec. 25, Jean killed Pierre (an autopsy revealed she had been strangled and stabbed). He then dragged her body into the basement of the house, on 8th Ave. in Roxboro, before fleeing to the U.S. Pierre’s body was only discovered three weeks later, after her landlord went inside the house and noticed a large section of carpet had been cut away. When the landlord noticed bloodstains where the carpet used to be, he called the police. 

The body was found wrapped in carpet underneath a pile of debris. The Montreal police obtained a warrant for Jean’s arrest on Jan. 17, 1996, but by then he had disappeared. Two days later, they learned he had purchased a one-way bus ticket to New Jersey. He managed to live in hiding in the U.S. for years and had taken on a new identity. His secret was revealed to police in 2013 when he used the alias he was living under, Jean Gardy Mentor, to apply for U.S. citizenship in New Jersey. As part of the application process, he had to supply fingerprints and they provided a match to one the Montreal police supplied to Interpol when they obtained an international warrant for his arrest in 1996. 

According to documents filed in a U.S. District Court as part of Jean’s extradition process, Jean was living in an apartment in Irvington, N.J., a city 90 kilometres west of New York City, when his true identity was revealed. 

Jean, who is actually a citizen of Haiti, was arrested by the U.S. Marshals Service in New Jersey in 2013  and, after being returned to Canada, he made his first appearance at the Montreal courthouse on the murder charge on April 18, 2014. The jury in the trial began hearing evidence on Nov. 14.

A second-degree murder verdict comes with an automatic life sentence. Next week, Superior Court Justice Daniel Royer is scheduled to hear arguments on how much time Jean will have to spend behind bars before he is eligible for parole. 

pcherry@postmedia.com

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Pedestrian, 85, in critical condition after being hit by car in Plateau

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Tap here for an update to this story.

An 85-year-old man was left in critical condition after he was struck by a car while crossing Park Ave. in Plateau Mont-Royal Thursday night. 

The 19-year-old motorist was driving northbound on the street, near Labadie St. when the octogenarian pedestrian was struck. The victim suffered head injuries and was taken to hospital in critical condition. The pedestrian was in the middle of the roadway when it occurred, at around 8 p.m., and it was raining at the time. There are no pedestrian crosswalks at the intersection. 

A section of Park Ave. between Laurier and Fairmount Aves. was closed off to give Montreal police collision experts a chance to investigate what happened, said Montreal police spokesperson Benoît Boiselle. He also said it appears that neither alcohol nor speed appear to have been factors in what happened and that the 19-year-old driver is collaborating with police. 

pcherry@postmedia.com


Former Ste-Thérèse cop Michel Usereau pleads guilty to 2001 murder

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After having gone through the legal version of a rollercoaster ride over the past 15 years, a former cop recently changed his perspective and finally admitted he murdered a man while the victim’s fiancé watched in horror. 

“I regret what happened that night. I will regret it for the rest of my life,” Michel Usereau, 50, said through tears at the Montreal courthouse on Friday after he pleaded guilty to murdering Jean-Jacques Melkonian on March 20, 2001. He also pleaded guilty to assaulting Melkonian’s fiancé, Stéphanie Fragman, with a firearm. As part of a joint statement of facts submitted to Superior Court Justice Marc David on Friday, Usereau claims he and Melkonian struggled before he shot him and that Fragman was shot by accident during the struggle. 

Usereau was a police officer working part-time north of Montreal when he opted to work full-time for a security firm, where he had recently been promoted in 2001. Melkonian was fired from the same company when Usereau was promoted. Following his departure, Melkonian formed his own security firm and competed for contracts with Usereau. As part of his guilty plea, Usereau claims that two weeks before the homicide, Melkonian threatened him because he felt Usereau was using unfair practices to outbid his upstart business.   

“According to Mr. Usereau, the climate of threats and tension brought upon paranoia in him to a point where he procured a firearm and kept it with him at all times,” lawyers from both sides of the case stated in the document submitted to David. 

“I wasn’t there to kill him. I went there to intimidate him. I regret it,” Usereau said in his final words to the judge. With the guilty plea, Usereau automatically received a life sentence. David agreed with a joint recommendation, made by prosecutor Catherine Perreault and defence lawyer Patrick Davis, that Usereau’s parole eligibility be set at 15 years. He was arrested in September 2002, which means he can request a hearing before the Parole Board of Canada as soon as possible. 

After the hearing, Davis told reporters Usereau decided to plead guilty because his perspective recently changed after having spent years fighting the charges he faced.

Before David agreed with the sentence recommendation, Usereau was put through an unusual situation where Fragman decided to look him in the face while she delivered the final part of her victim-impact statement. What she said while facing Usereau was incomprehensible because she sobbed as she said it. But Usereau appeared to get the message. He broke down and cried after she did. 

Before breaking down in tears, Fragman told David that she and Melkonian were to be married in August 2001. 

“Instead I went to the cemetery (on what was supposed to be the wedding day) dressed in black, instead of white as a bride should be,” she said, while adding she feels fortunate to have built a new life after seeing it be destroyed by Usereau in 2001. She said she has married and has two young sons who have no idea what happened to her in the past. She said her boys have yet to see a movie, or played a video game, that involves someone carrying a firearm. 

‎The following is a chronology of Usereau’s case:

February 1999: Usereau was hired by the Ste-Thérèse police on a probationary basis. He was also employed by a security firm. In February 2001, he turned down an offer to join the police force on a permanent basis and opted to stick with the security firm. 

March 20, 2001: Melkonian, 29, was fatally shot just before midnight outside his home on Drolet St. Fragman, then 26, was shot in the shoulder while she struggled with Usereau. During the struggle, Fragman managed to tear the hood off Usereau’s winter jacket and it was left at the scene of the shooting. A firearm was recovered along a path that an eyewitness said the shooter used to flee the scene. 

Early September 2002: Montreal police investigators asked Usereau for a sample of his DNA. The sample of blood Usereau gave to investigators provided an exact match to one of three DNA samples recovered from the hood of the jacket. 

Sept. 26, 2002: Usereau was charged with first-degree murder and attempted murder. 

Jan. 13, 2005: Usereau’s first trial before a jury began. 

Jan. 23, 2005: At around 4:30 p.m., Montreal Det-Sgt. Denis Matteau, the lead investigator in the homicide investigation, used his own service revolver to end his life inside the headquarters where he worked for the major crimes unit in Place Versailles. It was a Sunday and Matteau had been scheduled to testify the following morning. Before he shot himself, he talked over the phone with his superior officer and his brother-in-law and said he was concerned about the case. He was specifically concerned over notes he had taken concerning another potential suspect in the murder. Matteau told his superior officer he had written out two versions of the information and was concerned he would be grilled over the differences between them if he were to be cross-examined by Usereau’s lawyer. 

Jan. 26, 2005: The presiding judge in Usereau’s first trial declared a mistrial due to Matteau’s suicide. 

Oct. 25, 2005: In a second trial, a jury found Usereau guilty of first-degree murder and attempted murder. 

May 6, 2010: The Quebec Court of Appeal overturned the jury’s verdict and ordered a third trial. 

May 17, 2010 to Oct. 28, 2015: The case was stalled over the course of more than 40 hearing dates held at the Montreal courthouse, including several to determine which attorney would represent Usereau in his third trial. 

pcherry@postmedia.com

Quebec's new face-covering law fails first legal challenge

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Quebec’s recently adopted legislation concerning religious neutrality has failed its first legal test. 

In a decision delivered on Friday, Quebec Superior Court Justice Babak Barin agreed with a request from Marie-Michelle Lacoste, a Muslim woman who wears a veil, for a temporary suspension of the section of the law that requires an uncovered face when giving or receiving public services. That section of the law placed a prohibition on a person working for the government or seeking government services while their face is covered. 

“(Barin’s decision means) the law is not in effect right now,” said Catherine McKenzie, the lawyer who is representing Lacoste in her case. Barin’s decision was on a motion filed as part of a broader challenge of the legislation that will probably be before the courts for a while. “We had to show on a reasonable basis that we had a serious argument to make. That there was going to be serious harm to our client that was more important than any so-called good that could come from the law.” 

A more permanent section of the legislation is supposed to be in put place by the government no later than July 2018. Lacoste and two groups, the National Council of Canadian Muslims and the Corporation of the Canadian Civil Liberties Association, asked for the stay while arguing more harm than good was being brought upon her while the government makes up its mind as to what the law will actually cover. 

“The next step for me right now is to wait to see what the government will do and also to get our (overall) case ready for the merits (of the legislation),” McKenzie said. In the overall case, Lacoste will have to prove the legislation violates her rights, while the government would then have to justify their law and that the violation is reasonable in a just society, the attorney said.      

Lacoste was born and raised in Montreal and has been a Muslim since 2003. She began to wear a hijab in 2005 and a niqab since 2011. As part of her case, she told Barin she wears the niqab at all times outside and inside in the presence of men other than her husband. She also said that since the legislation was adopted she is concerned about using public services and has experienced an increase in personal harassment and insults while outside her home. 

Quebec’s Attorney General argued that Lacoste and the two groups supporting her failed to show that they had suffered irreparable harm and that their application for the stay was premature. Barin disagreed with the government’s stance. 

“To be clear, at this juncture, the Court is seized of the question of stay only. Nothing in this judgment therefore ought to be in any way construed as touching upon the merits (of Bill 62),” the judge wrote. “The trial of this case, if necessary, will take place more fully in the future.” 

The more permanent part of the legislation (Section 11) is supposed to establish what accomodation provisions are necessary for the application of the law. Barin argues that should have been done in October. 

“In any statute such as the Act, there is perhaps as much public interest in Section 11 as there may be in (the section Lacoste challenged in her motion). These two sections must operate hand-in-hand if the intention of the (National Assembly) is to offer accommodation to those who may be seeking it in the face of the government’s actions.” 

Barin also noted that the government “provided no reason for why the coming into force of Section 11 is delayed.”  

“In the interim, noble as the ideology of state religious neutrality may be, the government must ensure that the law it is adopting for the public good is coherent and complete,” Barin wrote. “To paraphrase the words of the Supreme Court (of Canada), public interest includes both the concerns of society at large and the particular interests of identifiable groups.” 

pcherry@postmedia.com

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Judge calls sex assault case against mentally challenged man a Kafkaesque nightmare and releases him

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A Quebec Superior Court judge placed a stay of proceedings on sexual assault charges that were filed against a mentally challenged man seven years ago and ordered he be released from custody on Friday after calling the case filed against him a procedural nightmare. 

Justice Marc-André Blanchard described the case against Roger Lee Desmarais, which dated back to 2010, “Kafkaesque” and issued the highly unusual order he be released from the prisoner’s dock immediately. Detention centre guards hesitated to follow Blanchard’s order while saying it didn’t fit in with their procedures, but Desmarais was released to a legal guardian. He will reside in Ontario with a group that specializes in treating people with intellectual disabilities.

The charges Desmarais faced involved two sexual assaults that occurred on Mount Royal on Sept. 30, 2010. In the first case, a woman who was jogging along the mountain was grabbed by a man. In the second case, another female jogger was grabbed, forcibly constrained and the man groped her. 

At that time, in 2010, Desmarais was already a repeat sex offender. Court documents and parole records filed in previous cases detailed how Desmarais was unable to control his urges, and saw sexual violence on strangers as a means to channel his anger toward women he knew. He committed his first sexual assaults as an adult in eastern Montreal when he was 18. In 2001, he noticed a woman while walking down a street, began masturbating and then groped the victim before she managed to flee. He later, also in 2001, noticed a girl on a city bus and followed her when she disembarked. He pursued the girl for a while, pushed her to the ground and groped her. 

Three months before the women were attacked on Mount Royal, a doctor who evaluated Desmarais in a different case determined he was never, and would never be, fit to stand trial because of his intellectual deficiency. In subsequent evaluations, Desmarais was found to have the mental capacity of an eight-year-old. 

Despite knowing it would be difficult to make the argument Desmarais could tell the difference from right and wrong, the Directeur des poursuites criminelles et pénales (the DPCP or public prosecutions department) continued to pursue the case even though it acknowledged he had long ago already been detained longer than his sentence would be if he were convicted of the sexual assaults.

A prosecutor recently told Blanchard if Desmarais were to plead guilty this year he would have been sentenced to time served and probation for the sexual assaults and time served for having briefly escaped custody while at the Philippe Pinel Institute in 2013.  

Desmarais’s lawyers, Jeffrey Boro and Annie Emond, argued Desmarais’s case had fallen into a void or a “no man’s land” and that the DPCP did not know what to do with him. Blanchard agreed with the defence attorneys.

“This is an obvious abuse of process. It is shocking. Our system cannot tolerate that we treat a citizen like (Desmarais) in a similar fashion,” Blanchard wrote in his decision. “The Court cannot accept such a situation to perdure any longer.

“It shocks the conscience of the Court firstly, that an individual be kept in prison for a period of more than four years when he is supposed to be kept in a hospital or a detention centre where he will be able to receive the adequate supervision required by his condition and, secondly, for a period of time that exceeds the sentence he would receive should he ultimately be (convicted).” 

pcherry@postmedia.com

Parole denied for man who killed 79-year-old woman in 2016 hit and run

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An Ontario man who pleaded guilty this summer to reckless driving causing the death of a 79-year-old woman admired in Montreal’s Portuguese community was recently denied parole after admitting he has changed little since his arrest.

Another thing that did not impress the Commission québécoise des liberations conditionnelles was how Steven Harley Pinnel, 34, now claims he has no recollection of having struck Zèlia Ponte Araujo on Sept. 20, 2016, while he was driving in a vehicle he had stolen the week before. Araujo, a woman who volunteered at a centre to help new immigrants integrate into their new surroundings, was struck while she was crossing St-Urbain St., near Mont-Royal Ave. in the Plateau-Mont-Royal borough.

Pinnel didn’t stop after he struck Araujo. He was arrested the following day in Ontario while behind the wheel of the same Chevrolet Silverado that struck Araujo and caused her death.

‎On June 27, Pinnel pleaded guilty to two charges related to the fatal hit and run as well as other charges involving how he was caught, a month before Araujo was killed, smashing car windows and stealing items from the parked vehicles.

Pinnel is serving a 13-month sentence but, according to a summary of the CQLC’s decision, he denies being responsible for Araujo’s death.

“You suggest that you are not responsible. You recall waking up inside a vehicle that did not belong to you (after Araujo was struck),” the author of the summary wrote. The parole hearing was held at the Montreal Detention Centre.

Pinnel also claimed he did not understand what was happening in court when his guilty plea was entered because he is from Ontario and does not understand French.

Pinnel admitted to the provincial parole board that he has a problem with cocaine and marijuana. But a parole officer who represented Pinnel at his hearing informed the board Pinnel was unwilling to take part in some parts of the drug therapy program recommended to him. He was also turned down as a candidate to reside at a halfway house in Montreal.

“When questioned on the changes you have made (since being sentenced), you admit there are none‎,” the parole board noted to Pinnel before denying his release.

pcherry@postmedia.com

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Montreal man charged in deaths of his mother and grandmother

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A Montreal man charged Monday with the first-degree murders of his mother and grandmother was described last year as a violent drug addict who had problems controlling his impulses when the Parole Board of Canada ordered that he be forced to reside at a halfway house while he finished serving a nine-year prison term for a series of violent crimes. 

Christian Pepin, 35, a Montreal resident, made a brief appearance before Quebec Court Judge Manlio Del Negro at the Montreal courthouse where he was charged with the murders of his mother, Diane Champagne, and his grandmother, Paulette Robidoux. Both women were fatally stabbed early Sunday morning in an apartment in Tétreaultville, a neighbourhood that is part of the Mercier—Hochelaga—Maisonneuve borough. Del Negro ordered that Pepin be detained while his case is pending. The case returns to court on Jan. 10. Pepin will have to wait until his case is transferred to Quebec’s Superior Court before he can make a request for bail. 

On Sunday, Montreal police received several 911 calls shortly after 3:15 a.m. When officers arrived at the apartment on Souligny Ave., near the corner of Aubry St., they found two women who had been stabbed. Champagne was declared dead at the scene. Robidoux was declared dead after being taken to a hospital. Pepin was reportedly one of the people who called 911.

According to court records, Pepin recently finished serving a sentence he received on Dec. 3, 2013, after pleading guilty at the Montreal courthouse to two counts of armed robbery. The sentence was combined with one Pepin was already serving at the time he committed the armed robberies, giving him an overall prison term of nine years. 

Pepin reached his statutory release date on the combined sentence in April last year, and based on a recommendation by Correctional Service Canada, he was ordered by the Parole Board of Canada to reside at a halfway house for the remainder of the sentence. Based on provincial court records, the sentence expired in October. 

“The (parole) board has been advised that you have demonstrated a propensity toward violence by using violence toward people you know, strangers and persons of authority, including those in the prison community,” the Parole Board of Canada noted in its decision made on April 8, 2016. “You have had a problem with drugs for many years now and this includes crack and heroin, which has seriously affected your judgment and brought you to commit crimes. A relapse in your use of drugs risks affecting your judgment and the possibility of you reoffending.” 

The parole board decision lists a series of violent crimes Pepin committed in the past, including how, in 2003, he got involved in an argument with someone over a shirt and ended up stabbing the person. In 2006, Pepin and an accomplice approached a complete stranger and offered to sell him a bottle of booze. Pepin became aggressive when the man refused the offer and punched the victim in the nose. 

Sunday’s homicides were the 22nd and 23rd reported on the island of Montreal this year. There were 21 homicides reported during the corresponding period last year. 

pcherry@postmedia.com

Appeals court orders new trial of woman convicted of killing daughters

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The Quebec Court of Appeal has overturned a jury’s verdict in which Adele Sorella, the wife of a known Mafia leader, was found guilty of murdering her two young daughters. 

In doing so, the appellate court has ordered a new trial for Sorella, 51, who was found guilty on June 24, 2013, of killing her daughters, Sabrina, 8, and Amanda, 9, on March 31, 2009. She received a life sentence with no possibility of parole for 25 years.

Sorella was accused of using a hyperbaric chamber to kill both girls while her husband, Giuseppe De Vito, was on the lam on drug-smuggling charges filed against him in Project Colisée, a lengthy investigation into the Montreal Mafia.

Sorella had purchased the hyperbaric chamber in 2008 to treat Sabrina’s juvenile rheumatoid arthritis. During the trial, the Crown’s theory was that Sorella used the chamber to kill her daughters because the girls enjoyed using it while pretending to camp out. But when no oxygen is pumped into the tent, it can be deadly. The Crown’s theory is that the girls died of asphyxiation.

The Quebec Court of Appeal released its decision on Monday. Among the questions raised during the appeal court hearing was whether the presiding judge in the trial, Superior Court Justice Carol Cohen, made an error while instructing the jury on the question of reasonable doubt. A jury is always instructed that all jurors have to be convinced “beyond a reasonable doubt” before they can find the person guilty. The tricky part for some judges involves explaining what a reasonable doubt actually is. 

Three appellate court judges were unanimous in their decision and one, Justice Martin Vauclair, was quoted as saying: 

“The judge’s instructions on reasonable doubt include an error that was revealed by a question from the jury (while it was deliberating). The judge did not respond adequately, adding to the problem. I conclude that the cumulative errors justify a new trial.”

Seven questions in all were raised while the appeal was heard and another touched on how the jury might have been influenced by the fact Sorella was married to a Mafia leader and whether that had anything to do with the murders of which she was accused. Despite a request from defence lawyer Guy Poupart, Cohen did not address the matter in her final instructions to the jury. 

De Vito was called as a Crown witness during the trial and through that the jury learned he had been on the run for several years before he was arrested for drug smuggling in Project Colisée. The jury also heard evidence that Sorella lived in a home equipped with an elaborate security system, including a surveillance camera positioned across the street from their home. 

“Perhaps you could say that there is a total absence of evidence that this woman belongs to organized crime,” Poupart asked back in 2013. 

Cohen denied Poupart’s request by saying: “I cannot even say that. I can’t talk about it. It is not an element of evidence that is pertinent, as you say, to a point where I should put it before the jury.” 

Vauclair wrote: “With respect, I estimate that when the (prosecution) wants to introduce evidence or an argument that could call into question the propensity of an accused, it should be done so with extreme prudence.”

Vauclair added that it will be up to a new judge to decide whether De Vito’s ties to organized crime should be part of the trial. 

De Vito was the leader of a Mafia clan that was involved in a long conflict with the Rizzuto organization. He was ultimately arrested and convicted of the charges filed against him in Project Colisée. He died of cyanide poisoning inside a federal penitentiary on July 8, 2013. No one has ever been charged in connection with his death and, according to an investigation done by Correctional Service Canada, De Vito did not appear to be suicidal before he died. 

Jean-Pascal Boucher, a spokesperson for the Directeur des poursuites criminelles et pénales (the DPCP or public prosecutions department), said prosecutors will go over the 21-page decision carefully before deciding the next step to take. One option is to challenge the decision before the Supreme Court of Canada, but it is rare for Canada’s top court to hear such a request when all three of the Quebec Court of Appeal judges are unanimous in their decision. 

pcherry@postmedia.com

Ex-Hab Zack Kassian might testify via video hookup in woman's trial

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It appears that former Montreal Canadien Zack Kassian will not have to appear in person to testify in the case brought against a woman charged with impaired driving causing him bodily harm. 

The preliminary inquiry in the case against Alison De Courcy Ireland is scheduled to begin Tuesday at the Montreal courthouse. Zack Kassian, a former Hab who was traded after the accident, was expected to appear in person but lawyers involved in the case appeared to inform the judge that he will instead testify via a video hookup with a courthouse in Edmonton. The case was briefly delayed Tuesday because of a problem with the link between the two courthouses. 

De Courcy Ireland’s lawyer, Andrew Barbacki, did not refer to Kassian by name but did make a reference to “the star witness in this case” being in Edmonton on Tuesday. Kassian has remained with the Edmonton Oilers since the trade.

It also appears that Kassian gave a written statement to police that was handed to Barbacki on Tuesday. 

The accident happened in October 2015, before Kassian had yet to play in a regular season game for the Canadiens. He suffered a broken nose and a broken foot when the vehicle crashed into a tree. 

The Oilers are scheduled to play the Philadelphia Flyers in Edmonton on Wednesday. But the Oilers are also scheduled to play the Canadiens on Saturday, which created the possibility for ‎him to testify in person on Thursday. 


Panic drove actions of couple, Crown says in closing argument of terror trial

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Sabrine Djermane and El Mahdi Jamali slipped into panic mode when the RCMP began to investigate concerns they were preparing to go to Syria to join ISIL, the prosecutor in the young couple’s trial said in her closing arguments to the jury on Tuesday. 

Federal prosecutor Lyne Décarie was in the second day of her closing arguments at the Montreal courthouse when she highlighted text messages and Internet searches the young Montreal couple made in April 2015 immediately after the RCMP interviewed Djermane and just before both were arrested. The RCMP was investigating concerns, expressed by Djermane’s family, that she and Jamali were planning to leave Montreal and join ISIL in the terrorist group’s effort to create an Islamic state. 

An RCMP investigator pretended to be inquiring about fellow students at Collège Maisonneuve who had already left for Syria when they first interviewed Djermane. But the couple’s reaction afterward shows they suspected there was much more behind the visit the RCMP made to the couple’s rented condo on Aird Ave. 

To support her argument, Décarie asked the jury to consider text messages Jamali sent to Djermane. He incorrectly theorized  it was Djermane’s mother who “snitched” on them. Jamali sent several text messages to Djermane stating he was convinced her mother was to blame. Djermane replied by texting that she doubted her mother was behind everything. 

At that point, the couple had purchased new passports after seeing their parents hide theirs from them. They had also booked a flight for two to Greece that was set to depart early in May. In 2015, Greece was considered a popular starting point for people seeking to travel to Syria to join the terrorist group. However, the RCMP later found evidence, on a computer seized from the couple, that Djermane began to look into other options after the RCMP interviewed her. She is believed to have typed the search term “How to change a flight reservation” into a travel website’s search engine and then began making inquiries into booking a one-way flight to Algeria for one adult. 

“Ask yourselves the question: What state of mind was Djermane in at that point? They already had tickets to Greece. Is she not panicking at this point? Ask yourselves that question,” Décarie said as part of her lengthy review of the evidence the jury heard over the course of the trial. 

Décarie also highlighted how the evidence suggests that later that same day, Jamali began looking into what countries required travel visas. 

The couple are accused of attempting to leave Canada with the goal of committing a terrorist act in another country, being in possession or in control of explosive substances and committing a criminal act for the benefit or under the direction of a terrorist group. 

pcherry@postmedia.com

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Preliminary inquiry begins in Glen Crossley case

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A Quebec Court judge began hearing evidence on Tuesday in the case of Kirkland resident Glen Crossley, who is charged with manslaughter after a 70-year-old man died following an altercation in a bar in LaSalle last year. 

Crossley, 47, was charged on Jan. 10, four months after the death of Albert Arsenault on Sept. 18.

The case received widespread media attention when Crossley was arrested because of a previous conviction. In 1992, he was sentenced to a 10-month prison term for having killed Canadian Olympic swimmer Victor Davis in 1989 after striking him with his car in Ste-Anne-de-Bellevue. Crossley fled from the scene of the accident, but turned himself in to police hours later. 

On Tuesday, Quebec Court Judge Denis Mondor placed a publication ban on all evidence that will be heard this week concerning the manslaughter charge Crossley now faces. 

The first witness called to the witness stand was Det-Sgt. Gilles Mailhot, an investigator with the Montreal police major-crimes division. He was followed by a few witnesses who were inside the Station 77 bar when Arsenault was fatally injured. All of the witnesses answered questions from prosecutor Philippe Vallières-Roland and then were cross-examined by Crossley’s attorney, Gilbert Frigon. 

At least five more witnesses are expected to testify as the preliminary inquiry continues on Wednesday and Thursday. Mondor will be left to determine if there is enough evidence for the case to go to trial. 

pcherry@postmedia.com

'I killed her one time but I kill myself every day,' murderer tells judge

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One word can mean so much, especially if it is used in the wrong way while a convicted killer is asking a judge for leniency.

Defence lawyer Clemente Monterosso asked Superior Court Justice Pierre Labrie to consider this while arguing his client, Harinder Singh Cheema, chose the wrong word while he asked the court to set his parole eligibility at 10 years, the minimum required for a person convicted of second-degree murder in Canada. 

On Nov. 21, a jury at the Montreal courthouse found Cheema guilty of second-degree murder in the Dec. 24, 2007, stabbing of his wife Gurpreet Kaur. During the trial, Cheema admitted he stabbed Kaur while they were arguing in their apartment in the St-Laurent borough. The couple had two young children at the time — an 18-month-old girl and a son who was born less than three weeks before Kaur was killed. Cheema testified that he and Kaur were arguing because she was dealing with considerable stress over how their infant son wasn’t taking to breastfeeding. 

Cheema asked the jury to convict him of manslaughter, which carries a much lighter sentence, but he was convicted of the offence he was charged with — second-degree murder. On Dec. 21, Labrie will decide how much more time Cheema will have to spend behind bars before he is eligible for a release. The minimum is 10 years and the maximum is 25. 

On Thursday, Labrie heard arguments from both sides of the case on what the eligibility should be set at. 

“I did a terrible, terrible crime. I took someone’s life,” Cheema said on Thursday while requesting the minimum. “I am so embarrassed of what I did. I was dumb at the time and I was stupid. If it happened today, it’s a totally different scenario. I wish she had killed me. I killed her just one time but I kill myself every day.” 

Prosecutor Maude Payette seized on Cheema’s use of the word “embarrassed” when she began arguing that his parole eligibility should be set at 16 years. The word sounded self-serving during a sentence hearing, where a person is supposed to be expressing regret over the pain they have caused to other people. 

“What I hear today is that Mr. Cheema is embarrassed. I don’t think he understands the enormity of what he has done,” Payette said. 

Cheema is from India and he came to Canada in 2005, using a fake passport. Despite having lived in California on the lam for eight years while he was wanted on an arrest warrant in Montreal, he still speaks with a heavy accent. Monterosso asked Labrie to consider along with Cheema’s use of the word embarrassed. He suggested his client meant something else, like ashamed. 

“Please remember that English is not his mother tongue,” Monterosso told Labrie. “(Embarrassed) is a weak word (in such a context). But he also called it a tragedy.” 

During the sentence hearing, Labrie was informed that Cheema’s children are being raised in India by a relative of Kaur. Cheema abandoned them with a person he barely knew before he headed off to the U.S. and married another woman while living under an alias. 

“I don’t want to face them, your honour,” Cheema said when asked if he plans to communicate with his children in the future. “I’d rather face the death penalty.” 

pcherry@postmedia.com 

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Quebec artist who tried to sell his own painting as a Riopelle is acquitted

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An accomplished Montreal artist who was charged with forging the name of one of Quebec’s best known painters onto one of his own paintings was acquitted Thursday after the Crown conceded it was not in the public’s interest to pursue the case. 

While sporting a pair of black shoes with long metal tips on them, the artist, Michel Vermeulen, 56, pumped both his fists outward as prosecutor Céline Bilodeau informed Superior Court Justice Johanne St-Gelais of the Crown’s decision during a brief hearing at the Montreal courthouse.

Last year, Vermeulen was charged with forgery and attempting to sell a painting he knew was a forgery after someone informed police he was trying to sell a painting on eBay for nearly $300,000. The painting had the signature of Jean-Paul Riopelle, but it was not believed to be Riopelle’s work. Investigators suspected that Vermeulen signed Riopelle’s name to a work Vermeulen had done and was attempting to use Riopelle’s name recognition to make money off of it. 

In 2005, Vermeulen’s work was featured prominently at the Rhythms of the World Festival in Montreal. But his career does not compare to Riopelle’s. The deceased artist’s work is recognized internationally and several of his paintings have sold for more than $1 million over the past decade. Riopelle, who graduated from École des Beaux-arts de Montréal in 1945, was taught there by Paul-Émile Borduas, another of Quebec’s well-known artists. One of Riopelle’s sculptures, La Joute, is on permanent display in a fountain as part of the public space named after the artist in the Quartier international de Montréal.

Earlier this year, Vermeulen insisted on having a trial before a jury. But during a court hearing last month, St-Gelais, the co-ordinating judge for all Superior Court trials held at courthouses in the Montreal area, appeared stunned when Bilodeau said the Crown would only require four hours to make its case while one of Vermeulen’s lawyers said he planned to present a defence that would last several days. St-Gelais asked both sides to discuss matters further before she set aside two weeks for a trial before a jury, which are normally used to hear much more important types of cases, like murder. 

On Thursday, Bilodeau said that, following a thorough review of the case, the prosecution felt it was not in the public’s interest to pursue the matter. However, as part of the agreement, Vermeulen has agreed to be accompanied to a police station to apparently remove Riopelle’s name from the canvas and replace it with his own signature. 

Defence lawyer Mia Manocchio said as much in court but used legal terms. She said Vermeulen would “make certain modifications to make sure the (painting) is (corrected).” 

Outside the courtroom, Manocchio said her client was relieved to hear the charges were being withdrawn. 

“It is very reasonable on behalf of the Crown to have looked at the case and to have withdrawn the charges,” Manocchio said while suggesting her client learned his lesson. “I don’t think we’ll ever see him here (at the courthouse) again.” 

pcherry@postmedia.com

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La Joute by Jean-Paul Riopelle in the Quartier international de Montréal.

La Joute by Jean-Paul Riopelle in the Quartier international de Montréal.

Former Canada Revenue Agency auditor to be sentenced for accepting bribe

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A former Canada Revenue Agency auditor is expected to learn on Friday whether he will have to serve time in jail for being part of a conspiracy to extort a bribe from the manager and owners of a popular Plateau restaurant. 

In June, Elias Kawkab, a 55-year-old resident of the St-Laurent borough, pleaded guilty to committing a fraud on the government and breach of trust. He admitted to being part of what appeared to be a carefully planned plot to extort $100,000 from Kosta Stathopoulos, the manager of the Arahova restaurant on St-Viateur St. W. and the family that owned the restaurant while it was audited in 2007 and 2008. Kawkab was the only person charged in connection with the bribe solicited from the restaurant. 

The Crown has asked that Kawkab be sentenced to a prison term between 12 and 15 months. Kawkab’s lawyer, Giuseppe Battista, has requested that his client receive a discharge and be required to make a $10,000 donation. 

Between 2012 and 2014, Kawkab and seven other CRA employees who worked at the agency’s downtown offices were charged in Project Coche, a lengthy RCMP investigation. Kawkab was fired in 2011 after the allegations came to light. 

 On July 27, Quebec Court Judge Yves Paradis was told, by prosecutor Catherine Legault, that the conspiracy to extort money from the restaurant began in 2007. She said Stathopoulos received a call from the restaurant’s lawyer who told him the CRA was preparing to do an audit and that the auditor somehow knew it was going to end badly. During the preliminary inquiry in Kawkab’s case, Stathopoulos testified his lawyer passed on a message saying: “Any problem can go away for $250,000.” 

Stathopoulos and members of the Koutroumanis family, the restaurant’s owners, refused to pay and Francesco Fazio, a CRA employee, began the audit. Fazio, who was convicted in 2015 in a similar scheme involving another restaurant, claimed he found evidence the restaurant had failed to report $3 million in revenue between 2004 and 2006. He also claimed Stathopoulos and the restaurant’s owners would collectively owe more than $1 million to the CRA. 

During the sentence hearing in July, Legault said Stathopoulos was furious with Fazio’s claims and, after asking a friend for help, he was introduced to Kawkab. 

“Two weeks later, Mr. Kawkab called (Stathopoulos) back. He said he spoke with people internally at the agency and that it could be solved for $150,000,” Legault told the judge while summarizing the case. Stathopoulos still considered the bribe too high to pay. During a preliminary inquiry, he testified that he met with Kawkab again and he reduced the amount to $100,000. 

Legault said a member of the Koutroumanis family had to remortgage their home to pay the bribe. The prosecutor also said Stathopoulos remained upset after the bribe was paid and began asking other restaurant owners if they had similar experiences with CRA auditors. At least one said he had been extorted following an audit by Fazio. 

Armed with that information, Stathopoulos called Kawkab and informed him he “would make a mess of things” unless Kawkab paid back half of the $100,000 bribe. Kawkab arranged to meet with Stathopoulos at a Tim Horton’s restaurant and returned $50,000 of the bribe money. 

“It shows the amount of planning that certain people put into it – to put in place the eventual extortion of Stathopoulos. The fact that they called ahead, before the audit, shows there was planning, that there was a conspiracy by people who are unknown.” Legault said in July. She noted that Fazio was sentenced to a 20-month prison term for having solicited a bribe from a different restaurant called La Belle Place. 

Battista, argued in July that Kawkab, who is currently the part owner of a restaurant, simply served as a middleman between whoever was behind the extortion and the victims.

“He was an intermediary between the taxpaying victims and the civil servant who planned and led the fraudulent acts,” Battista said while adding later his client found himself between a rock and a hard place when Stathopoulos came to him for help. “It doesn’t diminish the responsibility but it has to be put in its context. It wasn’t (Kawkab) who used his power and his position to extort someone.

“If (Stathopoulos) had not called him he would never have found himself involved in this case.” 

pcherry@postmedia.com

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