Judge withdraws from sexual assault trial
A judge who made controversial comments toward the 17-year-old victim of a sexual assault has removed himself from the case at the Montreal courthouse as it enters the sentencing stage.
Quebec Court Judge Jean-Paul Braun was not on the bench Monday for sentencing arguments in the sexual assault case against Carlo Figaro, 49, of Terrebonne. On May 5, Figaro was convicted of one count of sexual assault. But as was revealed by the Journal de Montréal in October, during the trial, Braun made inappropriate comments about the victim before delivering his verdict.
“We can say she is a little overweight, but she has a pretty face, huh,” said Braun at one point.
He also suggested the 17-yearold victim might have been “a little flattered” by the attention Figaro had given her.
The judge often thinks out loud while he reaches his decisions.
Figaro was working as a cabbie when the sexual assault occurred on Aug. 24, 2015, and was hired by the victim to drive her home from her workplace. During the ride, Figaro complimented the teen and asked her for her phone number. She testified that she gave him the number out of a fear he would lock her inside his cab. Figaro, who is appealing the verdict, also licked the victim’s face and touched her in a sexual manner.
After Braun’s comments were published last month, Quebec Justice Minister Stéphanie Vallée called the remarks unacceptable and said she intends to file a complaint with the Conseil de la magistrature du Québec (a judicial council that oversees the behaviour of judges). On Monday, a spokesperson for the judicial council said complaints are not considered public information until a hearing date has been set, which has yet to happen.
On Monday, Quebec Court Judge Lori Renée Weitzman informed both sides in the case that she will take over the sentencing stage of the trial. A letter signed by Braun, announcing that he had recused himself from the case, was entered into the court record.
Prosecutor Amélie Rivard and defence lawyer Julie Anne Marinier originally agreed to carry the sentencing arguments to a date in February to allow the judge time to become familiar with the case. But Weitzman disagreed and said nine months was too long a delay.
“I know it is difficult when a new judge takes over a case, but the victim is looking for closure and so is the accused,” Weitzman said before convincing lawyers to hold the sentencing arguments on Dec. 14.