Contrecoeur accused eye bid to have charges dropped
Three of the six accused in the Contrecoeur fraud case say they’re preparing requests to dismiss all or some of the charges against them, claiming a lack of evidence.
The requests, called “non-suit” motions, can only be filed once the Crown, which is on the verge of finishing the presentation of its evidence, declares its case closed.
Lawyers representing Frank Zampino, the former Saint-Léonard mayor who was the No. 2 politician at Montreal city hall in the early to mid-2000s, and Pascal Patrice, a former executive at Construction Frank Catania et Associés Inc., indicated to the court they’re considering filing such motions.
A third accused, Pasquale Fedele, who was a director with Construction Frank Catania et Associés and who is representing himself without a lawyer at the trial, told the court on Wednesday that none of the evidence presented by the Crown mentioned him and that he intends to file a “non-suit” motion to have all charges against him thrown out for lack of evidence.
Fedele is charged with three counts of fraud and conspiracy.
Zampino’s lawyer, Isabel Schurman, told the court she might file a request to dismiss at least one of the six charges of fraud, conspiracy and breach of trust against her client. She hasn’t decided yet, she added. She also did not mention which charge or charges she would seek to have thrown out.
In the case of Patrice, a motion would seek to dismiss all three charges of fraud and conspiracy against him, lawyer Isabelle Lamarche has already indicated to the court.
The trial, in connection with the 2007 sale of municipal land known as Faubourg Contrecoeur in eastend Montreal to the Catania firm by the city’s real-estate arm, began in February 2016 but only began hearing from witnesses in March of this year.
The other accused are Paolo Catania, the former president of Construction Frank Catania et Associés, and two other former executives of the firm, André Fortin and Martin D’Aoust.
The company is also charged. The accused were arrested in 2012 and opted for a trial without jury.
More than 30 witnesses were called to testify by the prosecution, including former Montreal mayor Gérald Tremblay.
The last Crown witness testified last week.
Since then, Court of Quebec Judge Yvan Poulin, who is presiding over the trial, has listened to defence objections to the admissibility of certain evidence that was presented by the prosecution. Poulin has also heard objections to the Crown’s decision before the trial began to extend the period covered by different charges by more than a year.
The judge has to rule on the admissibility of dozens of the more than 300 pieces of evidence that were presented and on the Crown’s amendment to the charges before the prosecution will declare its case closed.
That won’t happen any time before early July. Poulin set the next court dates for July 5 and 6.
If the judge tosses out any evidence, it will be up to the prosecution to decide whether it will rest. Once it closes its case, the defence will either present “non-suit” motions or begin calling its own witnesses.
Final arguments from both sides are not expected until October, Poulin said on Wednesday.
Among other things, Zampino’s defence has objected to the admissibility of a 2009 voice mail recording in which Zampino suggested there may be a job opening for Michel Doyon, the city auditor general who was probing the Contrecoeur sale at the time, at an engineering firm where Zampino was working after leaving politics in July 2008.
The defence has also objected to the admissibility of statements that were made by certain witnesses concerning Bernard Trépanier and Martial Fillion, both of whom were arrested in 2012. Fillion, who was chief of staff to Tremblay and later executive director of the city’s real-estate arm, the Société d’habitation et de développement de Montréal, died in 2013.
Trépanier, who was chief fundraiser for Tremblay and Zampino’s political party, Union Montreal, is being tried separately in front of Poulin.
Schurman argued that since Trépanier is being tried separately, he could instead be compelled to testify rather than the court relying on hearsay from other witnesses. Fillion, she argued, can’t testify and statements he made before he died would be unreliable because he had an alcohol problem, as witnesses told the court.
The prosecution’s case relies in part on exceptions that exist in Canadian law that allow hearsay to be presented in cases of conspiracy.
Zampino’s defence is also seeking to have Zampino and Fillion’s electronic agendas, seized by police, tossed out as evidence.