Judge adjourns Piazza trial
A Quebec Court judge has ordered an adjournment in the trial of a man accused of trying to bring an explosive device on a plane at Pierre Elliott Trudeau International Airport. The judge’s decision was a means to remedy how evidence in the case against the man was disclosed at the last minute.
Quebec Court Judge Thierry Nadon delivered the order Tuesday afternoon. The trial involving Antony Piazza, 74, of LaSalle, heard from only one witness Monday before the accused’s lawyers raised the issue and revealed they had only received new evidence in the case, from the prosecution, minutes before it began.
On Oct. 27, 2013, a Montreal police officer found bullets, a clicktype disposable pen, a wire and five blades from a utility knife hidden inside Piazza’s carry-on suitcase as he was about to go through U.S. customs at the airport to board a flight to California.
René Fournier, an expert witness in chemistry, was about to testify on whether the materials could be turned into an explosive device when the proceedings were suspended. Piazza’s lawyers told Nadon they were informed Fournier conducted recent experiments on similar materials and the results would change his testimony from what he said in 2014 during a preliminary inquiry.
Defence lawyer Charles Benmouyal said that during the preliminary inquiry, Fournier testified the materials found in Piazza’s suitcase could “possibly” be used to create an explosive device.
“Now we have ‘definitely,’” Benmouyal said, summarizing what he was told Monday. Fournier videotaped an explosion he was able to generate using similar materials.
Benmouyal argued the late disclosure of evidence is unfair because he and Gaetan Bourassa, the other defence lawyer, hired an expert witness who prepared testimony based on what Fournier testified to in 2014, as well as a written report.
Benmouyal asked that Fournier’s testimony be limited to what he said in 2014. He also argued that a delay in the trial — so their expert can analyze Fournier’s new findings — could be considered unfair in light of a recent Supreme Court of Canada decision that limits how long an accused should have to wait to go to trial. Benmouyal also noted a delay could complicate things for the defence, because a relative of Piazza travelled from Los Angeles to testify this week.
Prosecutor Alexandre Gautier argued the basic elements of Fournier’s testimony would not be new and requested the postponement as a means to remedy the late disclosure.
Besides ordering the postponement, Nadon ordered that Fournier supply the defence with a written report on his more recent experiments by 10 a.m. on Wednesday.
The defence is expected to inform the court Wednesday of how long it will take for their expert to analyze Fournier’s new report.