Former judge convicted of killing wife released from prison pending new trial

Former Quebec Appeals Court judge Jacques Delisle, found guilty in 2012 of the murder of his wife, has been granted release from prison pending the start of a new trial.

Superior Court justice François Huot handed down the decision Friday morning in Quebec City.

The decision to release the 85-year-old Delisle from prison, where he is serving a life sentence, follows defence arguments that urged the court to consider Delisle's age, the discovery of the evidence that led to a new trial being ordered and that his continued incarceration was not in the public interest.

Friday's decision comes after an announcement Wednesday by federal Justice Minister David Lametti that Delisle undergo a new trial.

Saying he was a “victim of judicial error,” Delisle had sought a review of his case by the federal Justice Ministry, a rare procedure contained in the Criminal Code.

In a statement, Lametti said information was discovered that was not submitted at the time of Delisle's trial or his subsequent appeal.

Delisle's lawyers had argued new ballistics tests showed their client had been convicted on the basis of inaccurate evidence.

Delisle was convicted for the murder in 2009 of his 71-year-old wife, Nicole Rainville.

His 2013 appeal was rejected by the Quebec Court of Appeal and the Supreme Court of Canada refused to hear the case.

Delisle's defence lawyers maintained that his wife, depressed and paralyzed on her right side, died by suicide, using the revolver found beside her body. The Crown argued that Delisle had killed his wife so he could live with his mistress and avoid a costly divorce.

The trial saw complex ballistics evidence entered by both sides to determine whether the victim died by suicide.