Quebec judge removed from sex assault case
Said victim ‘overweight’ but has ‘pretty face’
MONTREAL • A judge who made controversial comments toward the 17-year-old victim of a sexual assault has been removed 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, 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-year-old victim might have been “a little flattered” by the attention Figaro had given her. The judge is known for often thinking 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 work. 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, Quebec Court Judge Lori Renée Weitzman informed both sides in the case that she will take over t he sentencing stage of the trial. A letter signed by Braun, announcing that “the Court is divesting itself 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 the lawyers to agree to hold the sentencing arguments on Dec. 14.
Rivard said that the victim will not be making a statement as part of the Crown’s sentencing arguments.
“The impact of what has happened has affected her a lot,” Rivard said, in reference to the widespread media attention her case saw when Braun’s remarks were reported.
THE IMPACT OF WHAT HAS HAPPENED HAS AFFECTED HER A LOT.