A man who saw his murder case end in a mistrial this month will have to undergo a second trial, as the Crown has refused to accept a guilty plea to manslaughter.
During a hearing before Superior Court Justice Marc David on Wednesday, defence lawyer Clemente Monterosso announced that Jonathan Mahautière was willing to plead guilty to manslaughter for having killed his girlfriend, Gabrielle Dufresne-Élie, on June 7, 2014.
During his trial, when Mahautière was charged with second-degree murder, the accused admitted he killed the 17-year-old Dufresne-Élie in Hotel Chablis. But he testified he blacked out before he killed her and therefore did not formulate the intention to kill, a key element required for a murder conviction.
The jury in that trial was not able to reach a unanimous verdict and a mistrial was declared. Monterosso said on Wednesday that Mahautière is ready to admit he committed a criminal act and was ready to plead guilty to the lesser charge of manslaughter.
“He does not want (another) trial,” Monterosso said, while explaining to David he believed the only thing the jury was left to debate in the first trial was Mahautière’s intent.
Prosecutor Geneviève Dagenais said the prosecution will not accept such a plea and insisted Mahautière go through a second trial.
“This is not a case for facilitation,” Dagenais said. “It is not foreseeable.”
David told Monterosso that he can’t force the prosecution to accept a guilty plea to a lesser charge. A person found guilty of second-degree murder is automatically sentenced to life, and is required to serve at least 10 years behind bars before they become eligible for full parole. A sentence for manslaughter has no fixed minimum sentence unless the homicide was carried out with a firearm.
David set the second trial date for Sept. 4, 2018.
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