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Crown closes its evidence in Michel Cadotte murder case

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Michel Cadotte felt “like a murderer” while he sought a medically assisted death for his wife.

The revelation — among others that give insight into Cadotte’s state of mind at the time — was contained in text messages presented as evidence in his murder trial at the Montreal courthouse on Monday.

A nurse has testified Cadotte admitted killing Jocelyne Lizotte on Feb. 20, 2017, by suffocating her with a pillow because he could no longer bear seeing her suffer from Alzheimer’s.

Lizotte, 60, had been suffering from the disease for more than a decade. Cadotte has been charged with second-degree murder.

In 2016, Cadotte, now 57, requested that Lizotte receive a medically assisted death but was turned down because her case did not meet two of six necessary criteria: She was unable to express herself and she was not considered to be in the final stages of her life.

Also, a nurse did not agree with Cadotte on how much pain Lizotte might have been living with while he presented the application.

Lizotte’s son, 44-year-old Danyck Desautels, testified he supported Cadotte in his efforts in applying for a medically assisted death.

Danyck Desautels, the son of Jocelyne Lizotte, testified he supported applying for a medically assisted death.

Danyck Desautels, the son of Jocelyne Lizotte, testified he supported applying for a medically assisted death.

The jury was given a copy of text messages Cadotte and Desautels exchanged early in 2016 as Cadotte went through the application process.

“Me, I see this like a freedom for her because she is a prisoner in her own body,” Desautels wrote to Cadotte.

“You are not in my shoes. I feel like a murderer,” Cadotte replied.

“Me, I don’t see you that way, but I can understand how you feel” Desautels wrote back.

“It still hurts even though, for me, that is no longer her,” Cadotte replied.

Three days later, Cadotte expressed frustration with the process of applying for a medically assisted death. In another exchange with Desautels he wrote: “I am impulsive. For two years now I have been carrying around a syringe and I will finish it myself if I find the courage.”

“No, don’t do that. It will only bring you trouble,” Desautels wrote back, while offering encouragement that he saw the timing of Quebec’s Act Respecting End-of-Life Care, which had come into force, as a good sign.

Last week, one of Desautel’s uncles testified Cadotte had told him in 2016 he often carried around a syringe and had considered using it to kill his wife.

Lizotte died at the Centre d’hébergement Émilie-Gamelin, a nursing home where she resided since 2014. She spent her final years strapped to either a bed or a chair to prevent her from harming herself as she rocked back and forth all day long.

In her final year she was unable to recognize people, and Desautels told the jury he reduced the number of times he would visit his mother after she mistook him for someone else.

“In her head I was her first husband (Desautels’s father, who died in 1996). She tried to kiss me,” Desautels said.

“I didn’t go to see her often because when I would go it would take me a week to get over it.”

Pathologist Caroline Tanguay confirmed Jocelyne Lizotte died of suffocation.

Pathologist Caroline Tanguay confirmed Jocelyne Lizotte died of suffocation.

The last witness to testify for the Crown on Monday was Caroline Tanguay, the pathologist who performed the autopsy on Lizotte’s body.

Tanguay said she found many signs to confirm Lizotte died of suffocation, likely from someone having held a pillow over her mouth, as Cadotte had confessed to the nurse. One sign, Tanguay said, was that Lizotte had lesions inside her mouth indicating someone had applied pressure on her face.

Tanguay was the 15th witness to testify for the Crown. When she finished, prosecutor Geneviève Langlois declared the Crown’s case closed.

Defence lawyers Elfride Duclervil and Nicolas Welt informed the jury Cadotte will begin presenting a defence on Wednesday.

The jury began hearing evidence on Jan. 15.

pcherry@postmedia.com

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Being a mother ‘defined me,’ Adele Sorella tells murder trial

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Adele Sorella took the witness stand in her murder case on Tuesday and told the jury that the hyperbaric chamber at the heart of her case was snuck into her home on orders from her husband while he was on the lam in a drug trafficking case.

Sorella, 52, will resume her testimony on Wednesday, but her answers to questions from defence lawyer Pierre Poupart as the court day neared its end Tuesday were intriguing. They centred on the hyperbaric chamber that a pathologist pointed to as the most likely item used to kill Sorella’s daughters — Amanda 9 and Sabrina, 8 — in 2009.

Sorella is charged with the first-degree murder of both of her girls. On Tuesday she said it was her now-deceased husband, Giuseppe De Vito, who purchased the chamber in 2008 while he was in hiding to avoid arrest in Project Colisée, an investigation into organized crime and drug trafficking.

“I don’t know how he did it,” Sorella said when asked by Poupart how De Vito could have arranged the surprise delivery. She said she arrived home one day to find a friend of De Vito’s installing the chamber in her home.

Earlier in the day, Sorella said De Vito purchased a lesser version of the same type of chamber long before a warrant for his arrest was issued in November 2006. The family friend tried to explain how the newer version worked, but Sorella said she didn’t listen to his instructions because she didn’t plan to use the new one.

In 2003, when she was only two years old, Sabrina was diagnosed with juvenile rheumatoid arthritis. Sorella said she and De Vito did not like the idea of their daughter having to take prescribed medication for at least 14 years. She said they chose to use a chamber because it seemed to be a “more natural” option, as it is designed to increase a person’s red blood cells while they lie inside it and oxygen is pumped in.

When the oxygen supply is disconnected and the chamber is fully sealed, it can eventually cause a painless death that leaves little trace. Last week, pathologist Caroline Tanguay theorized that the chamber was the most likely cause of Amanda and Sabrina’s deaths.

Their bodies were found in the family room of their Laval home with no signs of violence. The girls were found lying on their backs, in their school uniforms, arms by their sides, on blue foam play mats.

On Tuesday, Sorella said she didn’t listen to the friend’s instructions for a variety of reasons. One, she said, was that Sabrina’s arthritis was in remission at that point. She also said Sabrina refused to get inside the chamber alone and that she (Sorella) feared using it because she suffered from tinnitus and figured the increased pressure would aggravate her condition. The accused said she lost complete hearing in her right ear while she was pregnant with Sabrina and had what turned out to be a brain tumour.

For the first time, Sorella revealed details of how De Vito communicated with her while he was on the run until he was arrested in 2010. She said the new chamber was not the only surprise De Vito sprung on her while he was in hiding. On another occasion, she arrived home and found someone delivering arcade games. She said De Vito later used a Blackberry he supplied her with to explain the games were intended to make it up to the girls for missing their birthdays and Christmas.

By then, Sorella said, her once happy marriage was in complete shambles. Their relationship was already in trouble when, in 2006, he claimed he had to go to Quebec City to purchase motorcycles for a shop he owned. The following day, the police showed up with a warrant for his arrest in Project Colisée.

“I said (to the police), ‘You’ve got the wrong person. He’s not here and he’ll be back in a few days,’ ” Sorella said, adding she had no idea De Vito was involved in organized crime or drug trafficking.

She said she tried to shield her daughters by telling them that the officers who searched their home were security guards, and she asked the school principal to watch for changes in their behaviour.

The following day, Sorella said, her daughters came home upset after someone on the school bus told them — falsely — that their father was dead. (De Vito, 46, would die from cyanide poisoning in 2013 while serving a 15-year sentence in a maximum-security prison.)

“I tried to be strong, but (the aftermath of the Project Colisée operation) wiped me out,” Sorella said while describing how, a month after Colisée, she made the first of three suicide attempts.

In the lead-up to her testimony about Colisée, Sorella described her long and difficult recovery after her brain tumour was removed, six months after Sabrina was born on March 7, 2001. She said she refused to undergo the operation before her second daughter was born and turned down a cortisone shot while pregnant with Sabrina. A doctor recommended the cortisone after Sorella went to the emergency room at St-Mary’s Hospital because she had been vomiting frequently and suddenly lost hearing in her right ear.

“As long as I had Sabrina, I felt I was privileged to be a mom again. It didn’t bother me that I was deaf. All that mattered to me was that Sabrina was born,” Sorella said, adding her daughter was born prematurely, weighing three pounds.

She described Amanda’s birth as “the most joyous and proudest moment of my life” and said becoming a mother “defined me.”

Her difficult recovery after the tumour was removed left her unable to care for her daughters for two years.

“I had low self-esteem,” she said. “The last thing I wanted was to become a burden for my family.”

Sorella said she sensed that something had changed in her, but was unable to tell people what she was going through. She said she and her family chalked it up to having gone through two pregnancies and a major operation within two years.

“I knew it was more than that. I didn’t know how to express it,” she said.

“I felt a shadow of myself — really. As time went on, I began closing myself in. I basically fell into a mental illness and that mental illness took everything from me.”

pcherry@postmedia.com

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Adele Sorella cannot remember the day her daughters died, murder trial hears

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Adele Sorella says she has very little recollection of the day her two daughters died.

Sorella is in her second day of testimony at the Laval courthouse, where she is charged with the first-degree murders of her daughters, Amanda, 9, and Sabrina, 8. The girls’ bodies were discovered inside the family’s home in Laval on March 31, 2009, by Sorella’s relatives.

She was arrested the following day after her car crashed in another part of Laval.

On Wednesday, Sorella said she has no recollection between the morning of March 31, 2009, and when a group of people gathered around her car after it crashed.

“I basically don’t know what happened that day (when the girls died),” Sorella said. “My recollection is not my reality.”

She said that she has listened to witness testimony and read news articles about what happened after the bodies were discovered, including how she convinced her mother the girls weren’t going straight to school that morning. But, she said, she has no personal memories that match what she has read or heard during her trial.

“It wasn’t the natural cycle of life. Your kids don’t go before you do,” Sorella conceded.

Sorella cried as she spoke about the day. Her lawyer, Pierre Poupart, asked for a break and when she resumed her testimony, Sorella was presented with a question from the jury.

The juror who wrote out the question recalled that on Tuesday she said her suicide attempts were accompanied by feelings she couldn’t control. The juror wanted to know if she was ever overwhelmed by feelings that made her want to harm other people.

“The answer is no. I never felt the need to hurt someone else,” Sorella said.

“I never thought of taking someone with me.”

pcherry@postmedia.com

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Adele Sorella could not tell right from wrong on day daughters died: psychiatrist

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It is highly probable Adele Sorella was in a state of disassociation if she killed her daughters, a psychiatrist told the jury at the accused’s murder trial on Thursday.

Psychiatrist Gilles Chamberland went even further in his testimony at the Laval courthouse and said that, in his opinion, Sorella could not tell right from wrong on March 31, 2009 — the day when she is alleged to have killed her daughters, Amanda, 9, and Sabrina, 8 — and was therefore not criminally responsible for her actions.

As was pointed out by defence lawyer Pierre Poupart when he began Sorella’s defence last week, Chamberland was not given a mandate to determine whether Sorella carried out the crimes, but was asked to determine her mental state at the time the girls were killed.

Chamberland testified immediately after Sorella, now 52, spent three days on the witness stand and said she has little memory of the day her girls were killed. She told the jury she can only recall saying goodbye to her mother as she left her home in Laval on the morning in question. Her next memory, Sorella said, is of people gathering around her car, early in the morning of April 1, 2009, after it crashed.

While being cross-examined by prosecutor Simon Lapierre, she denied the car crash was her fourth attempt at suicide after finally deciding to take her daughters with her.

“Disassociation, it can seem strange (to most people), but we all have the capability of disassociation,” Chamberland told the jury before he went over an evaluation of Sorella he prepared last year. It was partly based on the several other evaluations made by psychiatrists and psychologists before and after Sorella was charged with the first-degree murders of her daughters.

To help make his point, Chamberland compared disassociation to a sprinkler system in a room. He asked the jury to imagine that the courtroom was on fire. If the sprinkler system is working, he said, it will release just enough water to douse the fire. If it isn’t, the sprinkler system will go out of control, flood the room, and put people in danger.

He noted that many people who witness a pedestrian being it by a car or are victims of sexual assault experience some form of disassociation, because what they experience is too painful to process as it happens. But just like with a properly functioning sprinkler system, the disassociation is designed as a form of protection, and with time, the person recalls what happened. For someone suffering from “major depression” as Sorella was, Chamberland said, the sprinkler system keeps running.

“To diagnose someone with a major depression, the person has to meet at least five of nine criteria. Mrs. Sorella had nine out of nine,” Chamberland said, while noting Sorella experienced significant weight loss, was fatigued and distant in the weeks before the girls were killed. The psychiatrist referred to a study done in Finland that estimated 3.4 per cent of the country’s population experienced some form of disassociation. The conclusion of the study, Chamberland said, was that a person who is depressed is nine times more likely to experience it.

Sorella testified that a long and difficult recovery after having a brain tumour removed in 2001 left her depressed and that when her now-deceased husband, Giuseppe De Vito, went on the lam in 2006 to avoid being arrested in Project Colisée, an investigation into organized crime, it was “the straw that broke the camel’s back” and set off her three suicide attempts. Chamberland said another sign of the degree of Sorella’s depression was that she believed her girls were suffering more than they actually were after their father disappeared.

When asked by Poupart to rate the probability Sorella was in a state of disassociation on a scale between one and 10, Chamberland responded with: “9.5.”

Earlier in the day, Lapierre focused on what Sorella told Chamberland when she met with him on June 8 last year, to highlight differences in what she told the psychiatrist and what she told the jury.

On Wednesday, Sorella told the jury she has very little recollection of the day in question. Lapierre challenged that version and noted she told Chamberland she recalled her mother, Teresa Di Cesare, making breakfast for her daughters and that she only had coffee with milk that morning. She also recalled that she believed, at the time, that one of the girls had a dentist appointment that day.

The reference to the appointment is a key point in the trial. There was no evidence that either girl had a doctor’s appointment that day, but Sorella told her mother they did when Di Cesare asked why it appeared the girls weren’t going to school that morning.

When the girls’ bodies were discovered by Sorella’s relatives, they were dressed in their school uniforms. They were found lying on their backs, arms by their sides, on blue foam play mats. There were no signs of violence and a pathologist who testified last week said the most likely cause of the girls’ deaths was asphyxiation by oxygen deprivation and that a hyperbaric chamber inside the family’s home was possibly used to kill them.

The trial resumes on Friday.

pcherry@postmedia.com

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Lack of anglo rehab services cited as sex offender gets early release

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A former Notre-Dame-de-Grâce massage therapist who sexually assaulted seven clients has been granted an early release contrary to the recommendations of his parole officer.

David Kost, 50, is to leave a provincial detention centre in less than two weeks after receiving an 18-month prison term in September.

Kost grew up in Montreal, travelled the world, worked as a chef and studied massage therapy in Australia.

When he returned to Montreal, he started a massage therapy clinic out of his home and also opened a fish shop on Somerled Ave.

In March 2016, he and a fellow massage therapist agreed to exchange services. While he massaged the woman, he inserted his fingers in her vagina.

Later that year, he sexually assaulted a young woman he met at a food market after saying he could help with her neck problems.

In 2017, Kost pleaded guilty in both cases and was awaiting sentencing when five other women came forward with similar allegations.

Kost ended up admitting to having sexually assaulted all seven women between 2012 and 2016 and was sentenced to 18 months in prison.

According to a written summary by the provincial parole board, Kost has difficulty understanding French and had no access to therapy programs in either English or French while serving his time in Montreal.

He agreed to be transferred to a detention centre in Percé, in the Gaspé, when a spot in a program for sex offenders became available.

Kost tried to get through the program in French, and even had help from a guard who translated for him.

“Despite this, you asked to be returned to Montreal under the pretext that you couldn’t follow the therapy” in French, the parole board summary states.

Kost became eligible for parole in December, after serving one-sixth of his sentence. But his parole officer felt he should remain incarcerated at least until March because the extra time “should serve to deepen your reflection on your (crimes) and to get involved in your correctional plan.”

Kost’s lawyer successfully argued that Kost would be better off being released now so he can take part in a therapy program for sex offenders on the outside that “is serious and includes anglophones.”

Kost is to be released on Feb. 12 and is required to “follow and complete a therapy or a program for your sexual problem.”

pcherry@postmedia.com

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MUHC superhospital: Guilty plea but no jail for former SNC-Lavalin CEO

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Former SNC-Lavalin CEO Pierre Duhaime will serve no time behind bars despite his guilty plea in “the biggest fraud in Canadian history.”

Duhaime, 64, was to go on trial Monday to face charges stemming from the rigged bid to build the McGill University Health Centre superhospital in N.D.G.

He was facing more than a dozen charges related to a $30-million bribe SNC-Lavalin agreed to pay to MUHC executives Arthur Porter and Yanaï Elbaz.

Instead, at the Montreal courthouse on Friday, Duhaime opted to plead guilty to one count of breach of trust.

He admitted that in November 2009 he helped Elbaz commit a breach of trust.

That year, Duhaime was named CEO of the engineering firm just before key decisions were made in the bidding process.

In the lead-up to the scheduled trial, Duhaime’s lawyer, Michel Massicotte, was involved in closed-door meetings with prosecutors and a judge with the goal of resolving the case.

Massicotte revealed he found a credibility problem with a key witness — Gilles Laramée, SNC-Lavalin’s former chief financial officer — after which the prosecution changed its stance.

Once Duhaime entered his plea, the prosecution withdrew 15 other charges.

Quebec Court Judge Dominique Joly agreed with a joint recommendation by Massicotte and the Crown for a 20-month sentence to be served in the community.

Duhaime, who lives on Lakeshore Dr. in Dorval, must serve six months of house arrest, and then adhere to a curfew for the following seven months.

He will then be required to follow a series of conditions for the remaining seven months.  

Duhaime agreed to make a $200,000 donation to CAVAC, a provincial organization that supports victims of crime, and he is required to carry out 240 hours of community service over a one-year period beginning Aug. 1.

“I am convinced of one thing — if you take a sample that is representative of the Canadian population and let them take the time to reflect for more than 10 minutes on all of the circumstances, no one will will be shocked” by the sentence, assistant-chief prosecutor Robert Rouleau told reporters.

“Is there someone here among you this morning who would want to be in Mr. Duhaime’s shoes?”

When asked why the prosecution backed out of the trial at the last minute, Rouleau said: “It was clear that during the trial (the prosecution) was not able to prove Mr. Duhaime had the knowledge, at the start, that money was given to the heads of the MUHC.”

According to a joint statement of facts agreed upon by both sides, Duhaime made a brief call to Elbaz on Nov. 1, 2009 — which he was not allowed to do as the company was involved in the bidding process.

Separately, according to the same statement, between Nov. 1-19, 2009, he was made aware that another SNC-Lavalin employee had communicated with Elbaz but Duhaime took no action.

Rouleau told reporters Duhaime “was in a position where he had reason to believe that privileged information was being transmitted illegally to put SNC-Lavalin in a preferred position. … He chose to look the other way. This is what he was sentenced for.”

Rouleau added: “We did not contend  … he had the most important role in this. It was quite to the contrary. He had the least implication in the grand scheme of things.”

As for why Laramée was dropped as a Crown witness, both Rouleau and Massicotte would not go into details. 

“The principal witness in this affair is a witness who, in our opinion, was not trustworthy,” Massicotte said. “We made our representations to the prosecution and they had the wisdom to hear us.”

Massicotte said his client lost more than $10 million in retirement benefits and other payments he expected from SNC-Lavalin before his departure following his arrest — the first of two — in 2012.

He said the arrests destroyed Duhaime’s reputation and that he has been unable to find work except as the administrator of a family-owned company.

The contract to build the hospital was worth $1.3 billion. However, including a 20-year maintenance agreement, the overall contract is worth more than $4.6 billion.

It’s been revealed that Porter and Elbaz were to have been paid $30 million in exchange for information that helped a consortium led by SNC-Lavalin land the contract. Roughly $22.4 million had been paid to the pair before other executives began to ask questions. At the Charbonneau Commission, the scheme was referred to as “the biggest fraud in Canadian history.”

Porter died of lung cancer in 2015 in a Panama jail while fighting a request for his extradition.

In November, Elbaz admitted he pocketed $10 million of the bribe money. He was sentenced in December to a 39-month prison term.

In 2014, Porter’s wife, Pamela Mattock Porter, pleaded guilty to laundering the bribe money and was sentenced to an overall prison term of 33 months.

In July,  former SNC-Lavalin executive Riadh Ben Aïssa — who arranged for the bribe — pleaded guilty to one of 16 charges he faced in the investigation, dubbed Project Laureat.

Ben Aïssa admitted he created a false contract that was key to transferring the bribe money to Porter and was sentenced to the equivalent of a 51-month prison term.

Duhaime’s was the last remaining case in Project Laureat.

pcherry@postmedia.com

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Beaconsfield resident gets 54-month prison term for drug smuggling

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Three men — one from the West Island, two from Ontario — have been sentenced to prison terms for conspiring to smuggle large quantities of drugs into Canada.

The sentences were delivered at the Montreal courthouse Monday just days after a funeral was held in Ontario for one of their co-conspirators.

Beaconsfield resident Louis Nagy, 59, received a 54-month sentence — the third time since 2000 that he has been spend to a federal penitentiary for conspiring to smuggle drugs into Canada.

In 2000, Nagy pleaded guilty to being part of a conspiracy to smuggle 534 kilograms of hashish. The load, destined for Montreal, was seized in Texas after being tracked by the RCMP. Nagy was given a two-year prison term for what was considered a small role in the conspiracy.

In 2001, while continuing to serve his sentence at a halfway house, Nagy was again arrested after the Mounties learned he was part of a second conspiracy — this time to smuggle 2,900 kilograms of hashish into Canada along with a well-known international drug trafficker.

In that case, Nagy was arrested with 14 others, and links were found to drug trafficking in six other countries.

Marco Milan at the Montreal courthouse on Oct. 23, 2018. The resident of Caledon, Ont., has been sentenced to 30 months in prison.

Marco Milan at the Montreal courthouse on Oct. 23, 2018. The resident of Caledon, Ont., has been sentenced to 30 months in prison.

In the latest case, seven men — including Alain Charron, one of Canada’s most prolific drug smugglers — were charged in 2013.

In 2017, Nagy was described as the alleged “evidentiary gap” between Charron and the two Ontario residents who were sentenced with him on Monday by Superior Court Justice Jean-François Buffoni.

On Nov. 12, a jury found Nagy guilty on two charges of conspiring to smuggle hashish into Canada and acquitted him on charges of plotting to smuggle cocaine.

Robert Bryant at the Montreal courthouse on Oct. 23, 2018. The resident of Roslin, Ont., has been sentenced to 42 months in prison.

Robert Bryant at the Montreal courthouse on Oct. 23, 2018. The resident of Roslin, Ont., has been sentenced to 42 months in prison.

Robert Bryant, a 69-year-old resident of Roslin, Ont., was sentenced to a 42-month prison term and Marco Milan, 53, of Caledon, Ont., was sentenced to 30 months. Both were found guilty of conspiring to smuggle hashish and cocaine.

This past weekend, a funeral was held for one of their co-conspirators — Dean Copkov, 52, a stuntman who worked on several Hollywood blockbuster movies, including Pacific Rim.

Copkov was killed Jan. 22, the day before sentencing arguments were to be heard in the cases against him, Nagy and the two others.

Copkov and Donovan Bass, 42, were fatally shot at a housing complex in Collingwood, Ont. A resident named Cameron Gardiner, 57, has been charged with second-degree murder in the double slaying.

Dean Copkov at the Montreal courthouse on Oct. 23, 2018. The Hollywood stuntman was shot dead in Collingwood, Ont., on Jan. 22 — the day before sentencing arguments.

Dean Copkov at the Montreal courthouse on Oct. 23, 2018. The Hollywood stuntman was shot dead in Collingwood, Ont., on Jan. 22 — the day before sentencing arguments.

An online obituary described Copkov as a father of three. Tributes including one from a fellow stuntman who said Copkov’s best time on the job was when they both travelled to Australia to work with actor Russell Crowe in preparation for the movie Cinderella Man.

Another post, from a woman, read: “Although Dean had the pleasure of working his dream job his greatest pleasures came from his children who he loved and adored.”

pcherry@postmedia.com

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Quebec’s top 10 most-wanted list: SQ nabs alleged Montreal Hells Angel

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An alleged member of the Hells Angels’ Montreal chapter is expected to appear before a judge at the Montreal courthouse on Wednesday after having avoided arrest in an organized crime investigation for 10 months.

In April last year, the Sûreté du Québec alleged Daniel-André Giroux was a member of the gang’s Montreal chapter, which is now more than four decades old. The SQ had just arrested dozens of people in Project Objection, a lengthy investigation into four drug trafficking networks throughout Quebec that had tentacles that reached into Ontario and New Brunswick.

Giroux, 48, was one of several men who could not be found when members of the Escouade nationale de répression du crime organisé (ENRCO) carried out arrests and search warrants. On Tuesday, the Sûreté du Québec tweeted that Giroux was arrested in Dominican Republic and that he is expected to be formally charged at the Montreal courthouse on Wednesday. The provincial police force noted that Giroux was on Quebec’s 10 most wanted list before the arrest was made.

Giroux faces five charges in Project Objection including two counts related to drug trafficking, another two alleging he committed crimes for the benefit of a criminal organization and conspiracy.

He was charged on an indictment along with 11 other people, including three other full-patch members of the biker gang; Michel (Sky) Langlois, Louis Matte and Stéphane Maheu. In October, Maheu, a member of the gang’s South chapter, ended his run on the lam and pleaded guilty to drug trafficking, gangsterism and conspiracy on the same day he made his first court appearance and was sentenced to a six-year prison term, the longest sentence in Project Objection so far.

pcherry@postmedia.com

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Psychiatrist cites depression, stress at Michel Cadotte murder trial

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Michel Cadotte’s decision-making process was affected by depression the day he killed his long-suffering wife with a pillow, a psychiatrist has told his murder trial.

Louis Morissette took the witness stand Wednesday to deliver his evaluation of Cadotte’s mental health when he suffocated his wife on Feb. 20, 2017.

Cadotte, 57, is charged with second-degree murder in the death of Jocelyne Lizotte, 60, who was suffering from Alzheimer’s.

Testifying for the defence, Morissette said Cadotte was aware of his actions that day but his decision was affected by loneliness and the stress of having looked after his wife for years with little outside support from family.

He was not in a state of total disorganization in terms of his thoughts or his cognitive processes.”

“(Cadotte) was not hallucinating, visually or otherwise. He was not delirious,” Morissette said, reading from a 19-page evaluation he had prepared. “He was not in a state of total disorganization in terms of his thoughts or his cognitive processes.”

However, he said, “we are of the opinion that his actions were the result of a troubled decision-making process that was unusual for (Cadotte), tied to (emotional) suffering, chronic and acute suffering over a long period of time (including severing ties to his loved ones).”

Morissette noted Cadotte was “socially isolated” in the months before Lizotte’s death while she was living at a long-term nursing home.

Lizotte was diagnosed with Alzheimer’s a decade before she was killed, and in her final years spent her days strapped to a chair or a bed to prevent her from hurting herself as she rocked back and forth uncontrollably while awake.

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“He visited his wife regularly, offering her support and performing certain tasks (cleaning her and feeding her) but he practically had no social life, was interested in nothing else but his wife and his work, drank alcohol and consumed cannabis to obtain a sense of well being and to be able to sleep a little better (but the substances only aggravated his ability to sleep),” Morissette wrote in his report.

The psychiatrist said Cadotte was diagnosed with a “major depression” in 2013 but was doing better in 2017.

He said Cadotte probably could have benefitted from a recommended increase in the dosage of the medication he was taking to treat his depression but he refused it because he feared returning to a past when he was addicted to cocaine.

The trial resumes Thursday.

pcherry@postmedia.com


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Woman charged with crashing ex-Canadien Kassian's truck to learn fate May 3

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The woman charged with injuring hockey player Zack Kassian by crashing his truck into a tree during his very short stint with the Montreal Canadiens will learn her fate in three months.

After having heard evidence and arguments over the course of three days at the Montreal courthouse this week, Quebec Court Judge Denis Mondor announced he will deliberate until May 3 before he delivers his decision on the two impaired driving charges Alison De Courcy Ireland, 23, faces in connection with the crash in Notre-Dame-de-Grâce.

On Oct. 4, 2015, a Ford F-350 truck that was loaned to Kassian by a dealership slammed into a tree just before 6 a.m. at the corner of Clanranald Ave. and Côte-St-Luc Rd. When Montreal police officers arrived, they found De Courcy Ireland and another woman, Gemma Brown, waiting outside the heavily damaged vehicle. Kassian, who had just joined the Canadiens and had yet to play in a regular season game with the team, was found in the lobby of a nearby building, his clothes and body covered with blood. His nose and one of his feet were broken in the crash.

Kassian, who was traded to the Edmonton Oilers shortly after it happened, testified on Monday and said he got a contact number for the women from a teammate on the Montreal Canadiens, but he couldn’t recall which one.

He admitted to having consumed cocaine and alcohol at his condo while both women were present and that he was very intoxicated when they left and climbed into his truck.

He also claimed he never got behind the wheel of the vehicle. He testified that he climbed into the back seat and fell asleep. That part of his testimony was later contradicted by Brown who said that Kassian got behind the wheel of his vehicle and fell asleep before De Courcy Ireland took over the wheel.

Despite the glaring contradiction, while making her closing arguments on Thursday, prosecutor Sylvie Dulude still described Kassian as a credible witness.

He didn’t try to mislead the court. He admitted he was heavily intoxicated by drugs and alcohol.”

“He didn’t try to mislead the court,” Dulude said, while arguing his memories were affected by his state of intoxication. “He admitted he was heavily intoxicated by drugs and alcohol.”

The prosecutor also noted that Brown’s claim that De Courcy Ireland was behind the wheel of the truck when it crashed was not contradicted by Kassian’s testimony and that it was supported by physical evidence. One of the first police officers who arrived at the scene noticed there was a lot of blood on the back seat (consistent with Kassian’s injuries) and there were traces of blood on the passenger seat (consistent with Brown’s injuries). No blood was found on the driver’s seat.

The truck crashed only one street from where De Courcy Ireland resided at the time in the Côte-des-Neiges—Notre-Dame-de-Grâce borough. She has since moved to New Brunswick.

Dulude’s closing arguments and a rebuttal from defence lawyer Andrew Barbacki focused heavily on the moment when blood samples were taken from De Courcy Ireland to determine how impaired she was at the time. Tests done on the samples revealed her blood-alcohol level was 117 mg of alcohol per 100 ml of blood. The legal limit in impaired driving cases in Canada is 80 mg of alcohol.

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Barbacki noted the blood samples were taken after 7:30 a.m. on the morning in question, at least 90 minutes after the crash. The attorney argued the tests are not evidence of how impaired De Courcy Ireland was when the truck crashed. He said the Crown produced no evidence of what the accused drank, or when. He said it left open the possibility that she consumed a few drinks just before the crash and only felt the effects of the drinks by the time the samples were taken.

pcherry@postmedia.com


Watch video below: Trudeau speaks on SNC-Lavalin and Huawei

Woman who denied she was a killer for hire now admits to murder

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A woman who once claimed she was forced into falsely confessing to a murder because she felt cornered by an elaborate sting operation by the RCMP now admits she did carry out the murder for hire.

The stunning admission is described in detail in a recent decision made by the Parole Board of Canada as Christine Lepage, 63, prepares for an eventual release on her life sentence. The sentence was automatic when she was convicted by a jury in May 2005 of the 1981 first-degree murder of Germain Derome, a 56-year-old funeral home director, and the attempted murder of his partner, Julien Bessette.

Lepage became a suspect in the Brossard murder 19 years after it was carried out. Initially, homicide investigators were unable figure out whose fingerprints were recovered from a glass inside Derome’s home. A Longueuil police investigator working on cold case files in 2000 asked that the fingerprints be run through a national database and that provided a match to prints recorded in 1974, when Lepage was arrested for shoplifting.

While the Longueuil police finally had a face behind the fingerprints in 2000 they had no other evidence and no motive to link Lepage to the murder. So they asked the RCMP to carry out a so-called Mr. Big sting operation. In 2001, the RCMP placed Lepage under surveillance to get a portrait of her life. Then, in 2002, they began a lengthy and very elaborate operation during which they used several undercover officers to gradually convince Lepage she was being drawn into a criminal organization. The goal was to convince her she could make a lot of money working for the organization. The final part of the operation placed her alone in a hotel room with “Mr. Big,” the leader of the fictitious criminal organization.

During the meeting at the hotel, held on Nov. 21, 2002, the man posing as Mr. Big pretended to have connections with the police and told Lepage he knew her fingerprints were recovered inside Derome’s home after he was killed. He told Lepage that if she wanted to continue making money with his organization he had to know everything about her, including her past crimes.

The meeting was recorded as Lepage admitted to the murder. But some of the details she provided did not match key evidence — notably what she did with the firearm after she killed Derome. She told Mr. Big she tossed the gun in a river when, in fact, the firearm was recovered near the victim’s home. It was the sort of detail that only the killer would have known and it appeared to create a glaring hole in the sting operation.

Christine Lepage (left) was accused of shooting a funeral director in 1981.

In March 2005, Lepage testified at her murder trial that she was indeed at Derome’s home on the night in question but that he had hired her as a call girl. She said she and Derome were discussing what she would be paid for her services when Bessette walked in on them and became upset. She said she left the home as Bessette and Derome argued.

She also said she confessed to “Mr. Big” because she found him intimidating and feared for her life. The jury clearly did not believe Lepage and convicted her of the murder and attempted murder. Despite this, critics of Mr. Big operations have pointed to Lepage’s case as an example of how such operations can potentially produce false confessions.

According to a written summary of the parole board’s decision — allowing Lepage escorted leaves for the next 12 months — she now admits she carried out the murder.

The document described how Lepage told the parole board how “influenced by your spouse at the time, you decided to help him in his crimes. You have said that (the crimes) weren’t committed for money, even though you received $10,000 after the fact. You have said you ignored your values, notably because of your drug use (at the time of the murder).”

She also told the parole board she fired a shot toward Bessette to convince him to stay put and not in an effort to kill him. She has also admitted that abuse she suffered as a girl later generated “murder fantasies” when she was an adult.

“The (people who have helped Lepage prepare for an eventual release) note that recent years have been marked by a change in your openness toward your crimes after you initially maintained your denial at the start of your incarceration,” the author of the summary wrote.

The parole board agreed with Lepage’s request to be allowed temporary leaves escorted by a Correctional Service Canada guard, so she can visit family. As the parole board notes in the decision, the goal of the leaves is to allow Lepage to “evolve in a less restricted environment than a (penitentiary), but still offer certain constraints. The board considers that it is important to help you acquire personal and social autonomy in the perspective of your return to society.”

Lepage will be eligible for full parole in 2030.

pcherry@postmedia.com

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Update: 3 family members die in major fire in Longueuil, 11 injured

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Three people have died as the result of a major fire that broke out in an apartment building in Longueuil early Saturday morning.

The victims were a couple in their 40s and the mother of one of the two, who is believed to have been in her 60s.

Eleven people were injured and transported to hospital. Some of them had been hurt jumping from balconies to escape the flames, said Longueuil police spokesperson Constable Ghislain Vallières.

Several people had to be evacuated from the multi-unit building on Toulouse St., near the corner of Plessis St.

“There was no alarm. I woke up and when I did I opened the door and flames headed toward me. So I closed the door and opened it again and I yelled ‘Go! Leave! There is a fire,” said a young woman who was wrapped in a blanket supplied by the fire department as she stood outside the building surveilling the damage to the place she used to call home.

She said she had to jump out a window to escape the fire.

“There are a lot of problems with this building. There are alarms that go off for no reason. And now, in a serious situation, the alarm didn’t go off,” said the woman who refused to give her name to reporters. She also said her boyfriend suffered third degree burns, including to his face, and was taken to a hospital in Montreal.

Emergency services are at the scene of fatal fire in Longueuil on Saturday February 9, 2019.

Vallières said firefighters requested several buses to handle the number of people who had to scramble from their apartments to escape the flames that appeared to have run throughout the four-floor building. By 9 a.m., it was evident the blaze had spread throughout the entire structure. A payloader was parked at one side of the building prepared to demolish it if the structure threatened to collapse.

Vallières said investigators hoped to be able to enter what remains of the building before it is demolished but that ice and the fragility of the structure made that a difficult task.

“Some police officers have already slipped and fallen but also the building is very fragile. It is also very windy and that helped spread the fire fast,” Vallières said. “We don’t want to risk having another person injured.

The outside walls of the 16-unit residential building were caked in ice, a sign of how quickly water from firefighters’ hoses froze as they worked.

Some firefighters had to call in pickup trucks to help remove their partially frozen hoses because they were unable to roll them up properly.

Michel Hugerot, a division chief with the Longueuil fire department said they received the first call at 1:15 a.m.

“When we arrived the fire was already underway in the basement and the first floor. We evacuated everyone we could and we couldn’t get to the third floor right away and there were people still there,” he said adding the fire likely began much earlier than when they got the first call and that it likely originated in the basement. “The building is a complete loss.”

Hugerot said he didn’t know yet if the building’s alarm system worked.

Emergency services at the scene of fatal fire in Longueuil on Saturday February 9, 2019.

Emergency services at the scene of fatal fire in Longueuil on Saturday February 9, 2019.

About 80 firefighters were called in to put out the fire.

In October 2016, another major fire destroyed an apartment building, at the corner of Toulouse and Perigny Sts., just a few doors down from the fire that broke out on Saturday. The other building is currently being rebuilt.

pcherry@postmedia.com

SNC-Lavalin head was more than 'willfully ignorant,' evidence alleged

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Court documents prepared during the investigation into how the consortium led by SNC-Lavalin fixed the bid to build and maintain McGill University Health Centre superhospital contain witness accounts that allege the engineering firm’s former CEO, Pierre Duhaime, was much more involved in the conspiracy than he admitted to in court recently.

On Feb. 1, Duhaime, 64, walked away from the Montreal courthouse with a sentence that required him to spend no time behind bars after having pleaded guilty to one count of breach of trust. The 20-month sentence he received includes six months of house arrest. He is also required to perform 240 hours of community service and he agreed to make a $200,000 donation to a provincial organization that lends support to the victims of crime.

Quebec Court Judge Dominique Joly based her decision to agree with the recommended sentence in part on a joint statement of facts — produced by the Crown and Duhaime’s defence lawyer Michel Massicotte — that were entered into the court record on the same day Duhaime pleaded guilty. The statement of facts is a 32-point list, but only a few of the paragraphs make reference to Duhaime’s role in the SNC consortium ending up with the contract to build the hospital and maintain it for 20 years. Late last year, a lawyer for the hospital revealed the overall contract is worth $4.6 billion.

During the Feb. 1 hearing, Massicotte characterized his client as having been “wilfully ignorant” of the rigged bid.

The few references to Duhaime in the document limit his role to a period between Nov. 1 and Nov. 19, 2009. It makes a vague reference to how, on Nov. 1, 2009, Duhaime made a “short” telephone call to Yanaï Elbaz, the MUHC executive who was in charge of the bid for the contract. It then goes on to state that in the following days Duhaime “was made aware that one of his employees at SNC-Lavalin communicated with Yanaï Elbaz” and that Duhaime had “reason to believe” the employee was receiving information on the bid from Elbaz.

“Yanaï Elbaz supplied privileged information to the SNC-Lavalin employee. Some of the information was used by SNC-Lavalin with the goal of responding to the letter of engagement” to meet the requirements set out by the Quebec government to build the hospital.

In November, Elbaz admitted he pocketed $10 million in bribe money for having supplied the information and is serving a 39-month prison term. His co-conspirator, former MUHC head Arthur Porter, died before he could answer to charges filed against him. And in July 2018, Riadh Ben Aïssa, 60, the former vice-president of SNC-Lavalin’s construction division and the man who is most likely the person referred to in the joint statement of facts as the recipient of the insider information, pleaded guilty to a reduced charge of using forged documents. Ben Aïssa was sentenced to serve one day in jail on top of a 51-month sentence he had previously served.

Duhaime’s sentence seemed light compared with that of Elbaz and on Thursday, a week after the sentence was delivered, The Globe and Mail published a story quoting anonymous sources who alleged the Prime Minister’s Office pressured former attorney general Jody Wilson-Raybould to negotiate a remediation agreement that would have put an end to a different case in which three SNC-Lavalin companies — SNC Lavalin International Inc., SNC Lavalin Construction Inc. and Groupe SNC Lavalin Inc. — are charged with having paid millions of dollars in bribes to obtain government business in Libya.

The preliminary inquiry in that case is scheduled to resume at the Montreal courthouse on Friday.

While the cases brought against Duhaime and the three companies are separate, the investigations were intertwined. Sûreté du Québec investigators in Project Laureat, the investigation into the MUHC superhospital, received information from Swiss authorities. While investigating alleged bribes paid to the Libyan government, they recorded a phone conversation in which Ben Aïssa said he had to pay something for a hospital in Canada.

“And the contract is worth 30, and only 22 has been paid,” Aïssa told the unidentified person on the other end of the line.

It was an obvious reference to how Elbaz and Porter arranged to be paid $30 million in bribes for the information Elbaz supplied to SNC-Lavalin. Just under $22.4 million was paid to Sierra Asset Management, a shell company Porter created, before questions were raised about the contract SNC-Lavalin used as a cover to pay the bribe.

It is references to the contract, contained in an affidavit prepared by an SQ investigator in 2013, that allege Duhaime knew much more about the bid-rigging than he admitted to in court on Feb. 1.

The facts in the affidavit have not been proven in court.

On Oct. 30, 2012, Michael Novak, a vice-president with SNC-Lavalin, met with two SQ investigators at part of the Project Laureat investigation. He explained how “agent contracts” were paid out at the firm and said it was “very abnormal” for them to have predetermined payment dates in them, as the contract with Sierra Asset Management called for.

According to the affidavit, on Dec. 9, 2011, an SNC-Lavalin employee asked Novak to authorize a payment SNC-Lavalin was to make to Sierra Asset Management. He said he refused to sign because it fell “outside the corporate limits of the company.”

Novak also said that, two days later, Duhaime asked him why he refused to sign and that he gave his boss the same explanation.

“What will you do if I order you to sign it,” Novak quoted Duhaime as having said during their meeting. Novak said he told Duhaime he would have to put the order in writing “but counselled him not to do so. Pierre Duhaime retorted that it was okay, but that he was the CEO of the company and that he would take full responsibility. He immediately called Riadh Ben Aïssa into the office, in the presence of Novak (and another man)” and repeated that he would take full responsibility for the contract.

Another SNC-Lavalin employee told investigators that, in January 2012, Duhaime was deeply concerned about the contract and had asked him to “find a way to make everything legal.” Later that same day, the employee said, Duhaime called him at home and pressured him again and mentioned that he could lose his job if he didn’t make things look legal.

pcherry@postmedia.com

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Drugs and cash seized in RCMP raids in Montreal and Toronto

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The RCMP launched a major operation on Monday they said was aimed at breaking an international money-laundering ring with links in Toronto and Montreal.

RCMP officers in Quebec and Ontario as well as officials with Revenue Canada worked on what they dubbed “Project Collector” between May 2016 and the spring of 2018.

RCMP spokesperson Sgt. Luc Thibault said the individuals named in the arrest warrants are alleged to have facilitated “the collection of money from criminal groups and then laundered the fruit of their illegal activities.”

“It is what is commonly referred to as ‘money laundering’,” he said.

An indictment filed at the Montreal courthouse on Monday lists nine people who were targeted in Project Collector as having been involved in what appears to be a complex conspiracy to traffic in the proceeds of crime and launder the proceeds of crime. Six of the people are from Ontario while the other three are from Laval. The conspiracy charge alleges all nine were involved in a money laundering scheme that ran from 2013 to February this year and involved activities in eight other countries besides Canada, including Lebanon, Iran, China, Nigeria and Colombia. Eight companies based in Quebec and Ontario are also listed as being part of the same conspiracy.

One of the companies based in Quebec is located on Chabanel St. in Montreal and another, based in Laval, deals in sportswear.

Another indictment filed at the Montreal courthouse alleges three men from Quebec; Sorin Ehrlich, 62, of Montreal, Mario Maratta, 64, of St-Sophie and Gary Maybee, 57, of Austin, took part in laundering the proceeds of crime between May 1, 2016 and Dec. 1, 2017. All three men have served lengthy prison terms in the past for drug-related convictions. In 1993, Ehrlich was sentenced to a four-year prison term for cocaine possession. In 2003, Maratta received the same sentence for his role in a conspiracy to smuggle up to 50 kilograms of cocaine into Canada from Florida. In 2003, Maybee received a 40-month prison term for his role in a drug trafficking conspiracy uncovered in British Columbia.

Frederick Rayman

Frederick Rayman

Victor Vargotskii

Victor Vargotskii

Mohamad Jaber

Mohamad Jaber

Francisco Javier Jiminez Guererro

Francisco Javier Jiminez Guererro

More than 300 RCMP officers as well as police from Montreal, Laval and Toronto participated in Monday’s raids, which were launched at 6 a.m.

A total of 11 raids were carried out and 19 people were targeted by arrest warrants, 12 in Montreal and the remainder in Toronto.

Thibault said large quantities of cannabis, cocaine, hashish and methamphetamine were seized, as well as more than $1.7 million in cash. Revenue Canada also executed orders of seizure on several properties.

A news conference has been scheduled for Tuesday morning at RCMP headquarters to unveil the details of the operation and its effects internationally.

The RCMP’s C Dvision, which is based in Montreal, released the names of four men who are wanted as suspects in Project Collector. The four men are: Mohamad Jaber, 51, of Laval; Francisco Javier Jiminez Guererro, 35; Frederick Rayman, 71, of Unionville, Ont.; and Victor Vargotskii, 56 of Montreal.

Update: Highway 13 North in Laval re-opens after tanker truck flips

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Northbound Highway 13 in Laval at Notre Dame Blvd. in the city’s Chomedey district has reopened after having been closed to traffic for six hours when a tanker truck flipped onto its side after skidding into the median.

The incident occurred after 12:30 p.m. Wednesday. Provincial police said two people in the truck were treated for nervous shock but otherwise uninjured. Shortly after 7 p.m., Transport Québec announced by Twitter that the highway was reopened.

The tank being hauled by the truck detached during the accident and its cargo of vegetable oil did leak.

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Cocaine smuggler with ties to the Mafia shot dead in Laval

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An ambitious cocaine smuggler who had ties to the Montreal Mafia died in a hospital early Thursday afternoon after he was shot in Laval’s Vimont district just before midnight Wednesday.

Sgt. Louise Philippe Bibeau, a spokesperson for the Sûreté du Québec, said the provincial police force has taken control of the investigation because the slaying appears to be related to organized crime.

Ray Kanho, 42, was revealed to be a very active cocaine smuggler after his arrest in 2006 in Project Colisée — a lengthy investigation into the Rizzuto organization and its associates.

When first responders examined Kanho at the scene, he was semi-conscious and showed no external injuries. However, once he arrived at a hospital, doctors discovered the man had suffered a severe injury to his head that was later determined to be a bullet wound.

He was declared dead several hours later.

Kanho was business partners with Giuseppe Torre, 47. The duo used a group of employees who worked at Pierre Elliott Trudeau International Airport to smuggle large quantities of cocaine off of airplanes after they landed. The service was referred to as “the door” through the airport, and the Montreal Mafia charged a fee for people to use it.

Kanho and Torre found themselves in hot water in 2005, when their 218-kilogram shipment of cocaine was seized by the RCMP. Leaders in the Montreal Mafia, like Francesco Arcadi, were surprised to learn how much was seized, because Torre had told them it was supposed to be 120 kilograms of cocaine. The conflict almost degenerated into violence as one Mafia leader sought answers.

Kanho and Torre served lengthy sentences after they pleaded guilty to charges filed against them in Project Colisée. During the sentencing stage of Kanho’s case in 2009, he was portrayed as a busy middleman who was able to converse with the people he dealt with in five different languages, including Creole, Italian and Arabic. 

On Oct. 5, 2009, Kanho was sentenced to a 14-year prison term and the federal government confiscated more than $4 million in assets that Kanho had amassed in the years leading up to his arrest in 2006. As part of a negotiated settlement, he lost two houses in Laval and a 10-unit apartment building that he owned in Montreal. He also conceded that $2.8 million seized from his father’s home just before he was arrested in Colisée was generated from drug trafficking. During the investigation, Kanho was secretly recorded by police as he talked over the phone to another man and reacted to how the money suddenly vanished. He lamented over how he had “nothing left” when the RCMP secretly removed the cash from his father’s home.

Kanho was shot only a few days after Eliott Blanchard, 35, also a known drug trafficker, was shot in Laval’s Chomedey district.

Blanchard was shot early Monday morning in the parking lot of an apartment building on Havre-des-Îles Ave. He was taken to a hospital, but died several hours later.

In June 2013, Blanchard was identified as one of the leaders of a large group of people who produced and distributed methamphetamine throughout Laval and the Laurentians. More than 40 people were arrested in an investigation led by the Laval police. More than two million methamphetamine pills were seized as part of the probe.

Five months after his arrest, Blanchard pleaded guilty to conspiracy and drug trafficking charges and he was sentenced on Nov. 26, 2013, to a prison term of 30 months.

Bibeau said that while Kanho and Blanchard’s deaths appear to be linked to organized crime, it is too early to say whether the homicides are related.

pcherry@postmedia.com 

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Citing delay, judge stays charges against SNC-Lavalin executive, lawyer

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A former SNC-Lavalin vice-president and a Montreal lawyer have seen a stay of proceedings placed on charges alleging they tampered with a witness in the RCMP’s investigation into whether the engineering firm bribed Libyan government officials to obtain contracts.

Sami Abdellah Bebawi, 72, and tax lawyer Constantine Kyres, 55, were both charged in 2014 with obstructing justice.

On Friday, Superior Court Justice Guy Cournoyer ruled both men have waited too long for their case to be brought to trial. Bebawi and Kyres successfully argued it had taken the Crown too long to prosecute them based on a decision made by the Supreme Court of Canada in 2016. The decision set the limit an accused should expect to wait before their case is heard in Superior Court at 30 months.

“Despite the shockwaves caused by the (Supreme Court of Canada’s) Jordan decision, the case against the accused appeared to have been abandoned (by the Crown) like a ship without a captain drifting slowly, but inexorably toward a reef,” Cournoyer said as he read from part of his 33-page decision. “If we take account of the gravity of the charge involved, an accusation of obstructing justice notably by a lawyer, such a situation appears to be inconceivable and inexplicable.”

Cournoyer highlighted how the Crown was unable to explain why nothing happened to the file for 11 months, in 2016 and 2017, despite the wakeup call that came in the form of the Jordan ruling.

Bebawi remains charged in the case involving the alleged bribery of Libyan government officials. One of the eight charges he faces alleges he was in possession of more than $25 million that he knew was generated through an act of fraud.

Bebawi and Kyres were charged with obstructing justice after Riadh Ben Aïssa, an SNC-Lavalin executive who worked under Bebawi, told the RCMP that Kyres offered him a $10-million bribe, in 2013, to change his version of he previously told the RCMP about how money was allegedly diverted from SNC-Lavalin’s International Division to bribe Libyan government officials.

Ben Aïssa’s claim prompted the RCMP to set up an undercover operation through which a person posing as a consultant asked Kyres and Bebawi to confirm the offer made to Ben Aïssa.

On Jan. 29, 2018, while the case was in the preliminary inquiry stage, Quebec Court Judge Denis Mondor ruled the conversations between the undercover agent, Bebawi and Kyres were inadmissible as evidence because the agent was vague as to whether he was pretending to be a lawyer. Faced with that decision, on Feb. 16, 2018, the Crown decided it would no longer prosecute both men. But, on May 15, the RCMP issued a release stating the prosecution “decided to proceed with a direct indictment” in the same case. Through a direct indictment the prosecution could skip the preliminary inquiry stage of the case and proceed directly to a trial.

On Friday, defence lawyer Frank Pappas said, in his opinion, the case was closed last year.

“The Crown replied (to Mondor’s decision) with a nuclear attack (by attempting to proceed on a preferred indictment),” Pappas said. “We are satisfied that justice was delivered.

“It has been a walk through the desert for me and my colleagues,” Pappas said, in reference to the other defence attorneys in the case.

Based in his calculations, Pappas argued his client had waited more than 62 months for his case to go to trial. That is more than double the limit set by the Supreme Court of Canada in 2016.

On Friday, Cournoyer highlighted the Supreme Court of Canada’s decision in the Jordan case came down 30 months ago, and the period of time that had elapsed since, on its own, represented the limit the Crown had to prosecute the pair. He also said, even if he agreed with the Crown’s estimate of how much of the delay could be attributed to the prosecution, it would still be 42 months, a full year beyond the limit set by the Supreme Court.

pcherry@postmedia.com

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Convicted killer Denis Bégin on the loose after escaping from federal institution in Laval

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A man serving a life sentence for a murder he committed in Montreal more than two decades ago is on the loose after he escaped from a minimum-security penitentiary in Laval on Friday.

Correctional Service Canada said Denis Bégin, 58, was not present at the Federal Training Centre when staff members conducted a head count at 12:15 p.m. on Friday. The centre is used to incarcerate offenders who are approaching an application for parole and have not posed a problem for correctional staff in recent years.

According to the statement “(CSC) immediately contacted the Sûreté du Québec and a warrant for his arrest has been issued. The SQ said he could be headed to Gatineau or the Outaouais region.

“Anyone who has information on the whereabouts of Denis Bégin is asked to contact the police (by calling 911). CSC will investigate the circumstances of this incident and is working with the police to locate the offender as soon as possible.”

On May 8, 2003, Bégin received an automatic life sentence after he pleaded guilty to the second-degree murder of Ricardo Gizzi, a 19-year-old man who was enjoying Halloween night, in 1993, inside a bar on Jean-Talon St. in Rosemont. Gizzi was wearing a goalie’s mask that night during the festivities when Bégin arrived wearing a similar mask. Bégin headed straight toward Gizzi and used a rifle to shoot him in the stomach once before he bolted from the bar.

According to newspaper articles published following the homicide, it took onlookers a while before they realized that what they had witnessed was not part of some joke intended to be part of the Halloween festivities. It was later revealed in court that Bégin carried out the murder on orders from another person because Gizzi was selling drugs in the area where he was shot and had upset rival dealers.

In 1997, Bégin was originally convicted of first-degree murder in Gizzi’s death but the Quebec Court of Appeal overturned that conviction because it determined a statement Bégin gave to the police following his arrest was not “voluntary” as defined by the Criminal Code. The appellate court decision details how Bégin was an informant for the Wolverine squad, a special team of police investigators who were assembled to help police stop a war between the Hells Angels and a group of rival criminal organizations called The Alliance.

Bégin was an informant before he was arrested for Gizzi’s murder in 1996. He once claimed to police that he had information on who was responsible for the bomb that killed Daniel Desrochers, an 11-year-old boy who was killed in 1995 when a bomb was set off near his home. Desrochers’s death was a key turning point in the biker gang war as the public outcry following his death put intense pressure on police to end the conflict.

In 1998, Bégin testified in an unrelated murder trial held in Laval and he was grilled by a Crown prosecutor who demanded to know what Bégin knew of the bomb. The questions implied the bomb was fabricated on property Bégin owned but he refused to answer them. No one has ever been charged in connection with Desrochers’s death.

The difference between his guilty plea to second-degree murder and his original conviction for first-degree murder was a significant reduction in his period of parole ineligibility from 25 years to 10 years.

Bégin is 5 feet 7 inches (or 1.70 metres) tall, weighs 180 pounds (or 81 kilograms). He has a fair complexion, blue eyes and is bald. He has a surgical scar on his left arm and wears glasses.

pcherry@postmedia.com

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Defence targets crime-scene investigation in Sorella murder trial

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Adele Sorella’s lawyer began his closing arguments in her murder trial by criticizing the work that crime scene investigators did in the hours after her two daughters were found dead inside the family’s home in Laval.

Pierre Poupart asked the jury to consider two things as he spoke Monday at the Laval courthouse. One is that the Laval police were so “obsessed” with the theory that Sorella had poisoned her two daughters — Amanda, 9, and Sabrina, 8 — at the end of March 2009, that they failed to rule out the possibility that another person killed them. The other, Poupart said, is that their focus on the possibility the girls were poisoned caused them to mishandle a hyperbaric chamber, which eventually became the focus of the investigation, as a piece of evidence.

To support his argument, Poupart targeted an elaborate system of surveillance cameras Sorella said her now-deceased husband, Giuseppe De Vito, had installed in their home long before he was apparently tipped off, in November 2006, that the RCMP was about to arrest him in a large-scale drug trafficking investigation. De Vito managed to avoid arrest until 2010.

When she testified, Sorella said she was not aware that her husband was involved in drug trafficking and did not see the point of the security cameras, especially one that De Vito had installed on a utility pole across from their home. An experienced real estate agent, Sorella said she knew that camera violated municipal laws. On Monday, Poupart noted that a crime scene investigator acknowledged that it was the first time he had ever seen someone install a camera in such a place and was surprised to see it there.

All of the cameras De Vito had installed were connected to a small room in the basement of Sorella’s home where images were broadcast on a series of screens. The same crime scene investigator testified that the video display room was important to the investigation.

However, Poupart noted, the same person failed to have a photograph taken of the print of a boot found on the floor to record it as evidence. The crime scene technician testified the print could have come off a boot from the first police officers to enter the home.

“But (the boot) isn’t sold exclusively to police officers,” Poupart said. “Incredibly enough, he doesn’t take the faintest photo of this print.”

Poupart also criticized the way the Laval police handled the hyperbaric chamber found inside the home. The Crown’s theory is that Sorella used the chamber, purchased to treat Sabrina’s arthritis, to gradually kill her daughters by suffocation.

Poupart noted that the Laval police only considered the chamber as a potential murder weapon a few days after the girls were killed.

The attorney reminded the jury that no one checked the chamber for fingerprints before it was removed from the home, on April 3, 2009, and taken to Laval police station where it was finally examined more than two weeks later.

Poupart also argued that crime scene investigators did little to check for fingerprints to rule out the possibility that someone snuck into the home and killed the girls. Crime scene investigators who testified attributed this to how there were no signs to suggest someone had broken into Sorella’s home.

“Everyone on the scene thought it was a poisoning,” Poupart said. “From the start there was an obsession, a certainty, that it had to be (Sorella) and no one else.”

pcherry@postmedia.com

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Adele Sorella walks to court in her trial in the deaths of her two daughters with lawyer Guy Poupart at the Palais de Justice de Laval in Laval on May 29, 2013.

Adele Sorella walks to court in her trial in the deaths of her two daughters with lawyer Guy Poupart at the Palais de Justice de Laval in Laval on May 29, 2013.

Was attempted murder in the West Island a botched Mafia hit?

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A sentencing hearing is to begin at the Montreal courthouse Thursday in a case involving a shooting in Dollard-des-Ormeaux where the gunman might have selected the wrong target while attempting to kill an alleged leader in the Montreal Mafia.

Andy Duroseau, 30, faces the possibility of being declared either a dangerous or long-term offender after having been found guilty last March of attempting to murder Nicola Valiante, 42, and Valiante’s then-fiancée, who was 36 weeks pregnant at the time.

On Oct. 3, 2014, Duroseau was apparently lying in wait outside the entrance of the parking garage at a Barnett St. condominium building before he jumped down from a seven-foot wall and opened fire as Valiante and his fiancée arrived home in her Chrysler Patriot.

Valiante, who would later be identified by police as having acted as the driver for alleged Mafia leader Andrea (Andrew) Scoppa while both men were under surveillance in a cocaine trafficking investigation, immediately put the sports utility vehicle in reverse as Duroseau used a gun equipped with a silencer to fire off five shots.

No one was injured in the shooting but Valiante’s fiancée began to experience early contractions as the couple sought shelter in a nearby Pharmaprix. When she was asked by police why she thought someone might want to kill her or Valiante, the woman replied she believed the shooting was a case of mistaken identity.

The woman is related to Scoppa and was living in a condo he owned in that building.

Andrea (Andrew) Scoppa.

Andrea (Andrew) Scoppa.

“I mentioned it was maybe because of who I was renting the place from. I was renting to buy from Andrew Scoppa,” the woman said when she testified at Duroseau’s preliminary inquiry in 2015.

In April 2017, a Montreal police investigator testifying in a separate case described Scoppa as “the head of a Mafia clan in Montreal.”

Scoppa was also described as someone who is often at odds with the Rizzuto organization. He was once secretly recorded referring to the group’s decision-makers as “the grappa table” because they apparently drink a lot.

All of the charges brought against Scoppa and Valiante were dropped last year. The prosecution did not provide an explanation in court.

During the 2015 hearing in Duroseau’s case, Montreal police Det. Sgt. Robert Di Matteo testified Valiante’s fiancée remained calm as Valiante sped away form the shooter in reverse. She called 911 and supplied the police with a detailed description of the man who turned out to be Duroseau.

Di Matteo said two police officers who were in the area in an unmarked police car spotted a man fitting the description she supplied as he walked along Barnett St. and headed toward Lake St. He was wearing gloves and a neck warmer even though it was unseasonably warm that evening.

“He debated. He wasn’t co-operating. He was agitated,” Di Matteo said of Duroseau’s arrest, noting he would bang his head against the divider between the front and back seats of the police cruiser that was transporting him.

As part of his testimony, Di Matteo said that about eight days before the shooting, a woman who resided in the same building spotted a man in the parking garage lying on the floor and reaching underneath the Chrysler Patriot.

Valiante was informed of the strange incident and when he brought the Jeep in to a friend’s garage, to see if it had been damaged, a mechanic found what turned out to be a GPS locator device stuck to the bottom of the vehicle.

Valiante testified he didn’t know what the black box was when the mechanic showed it to him. But he immediately thought of the mysterious device when the gunman descended from the seven-foot wall and opened fire.

“Maybe if that (remembering the device) didn’t happen I wouldn’t be here today,” Valiante said.

Di Matteo said the police tracked down the supplier of the GPS device. Investigators learned it was purchased  with cash and was registered under a false name.

In July, Quebec Court Judge Robert Marchi ordered Duroseau undergo a mental health evaluation as part of the Crown’s request that he be declared either a dangerous or long-term offender.

In December, Duroseau was charged with having uttered threats toward at least five people involved in his case. The alleged threats were uttered throughout October 2018, while Duroseau was detained.

pcherry@postmedia.com

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