The criminologist Jean-Marc Fradette believes his client, the officer Dany Harvey, was a victim of “unfair treatment of Public Security of Saguenay, a biased investigation and prosecution oppressive” who led to a charge of assault on a minor.
Mr. Fradette also believes that the Crown did not release the entirety of the evidence and that essential to the investigation have been lost or destroyed. The lawyer also filed a motion for stay of proceedings, that the charges against his client are removed.
The trial of the police officer of the Public Safety Saguenay (SPS), Dany Harvey, was to begin Wednesday at the Chicoutimi courthouse. The policeman was arrested on 17 December 2014. It would be physically taken to a minor child. He was accused of assault the next day. The policeman was not in office at the time of the events. He was suspended, but affects half of his salary.
The Crown, which had seen the request for stay of proceedings of Jean-Marc Fradette, filed a few hours earlier, requested a delay until Thursday morning, while criminal lawyer should begin to argue.
In the 19-page document submitted to the Court, Mr. Fradette says that his client was the victim of unfair treatment, because the investigator in the file, the officer Marc Senechal, and Dany Harvey had a “conflict of personalities known to the position “and that the Director of SPS, Denis Boucher, knew. “The investigation is entrusted by the police to the investigator Marc Senechal despite knowledge by the Director Denis Boucher, a clash of personalities and interests between the accused and Marc Senechal applicant (Dany Harvey)” it said in the petition.
This conflict, according to documents submitted to the court, dates back to 2008. At the time, Dany Harvey would have faced Marc Senechal at a union meeting. The Seneschal agent at the time was president of the union, while the accused was steward.
“Despite this apparent conflict and notorious personalities, the Ministry of Public Security is not informed […]. The applicant accused claims to unfair treatment by the police, a biased investigation and led to an inevitable conclusion of guilt “is written in the application.
Mr. Fradette also evokes a personality conflict between Dany Hervey and director Denis Boucher, since as steward, Dany Harvey and the director had to attend mediation sessions in the last few years.
Moreover, the application also reported evidence that were destroyed, including handwritten witness statements and personal notes of the investigator Marc Senechal.
Another aspect raised by the criminal lawyer’s repeated requests for disclosure of evidence submitted to the Crown, including a complete copy of a video tape which may be presented as evidence during the trial. Indeed, only a cut video was provided to the defense, since the complete tapes were destroyed for several months, we learn in the petition.
According to the defense, the stay of proceedings, so the withdrawal of charges is justified. This is what will advocate Jean-Marc Fradette, Thursday morning before Judge Paul Guimond. It is the latter who will judge whether it is admissible or not. The procedures could continue for several days.