Crown to appeal Sherbrooke cop’s acquittal

The Crown is appealing the acquittal of Sherbrooke Police officer JeanPierre Rivard following the latter’s acquittal on a point of law in December on a charge of providing contradictory testimony with intent to mislead the justice system.

At the time, Superior Court Justice Gaétan Dumas determined that there was no evidence to support an essential element of the charge. The jury of six men and six women was released without having to deliberate. The testimony in question was given in the context of civil proceedings and a police ethics complaint filed by the criminal lawyer Michel Dussault in March 2008, who had been unjustly charged with driving while impaired.

No charges were brought against the prominent Sherbrooke lawyer who recorded a level of 0.027 mg of alcohol per 100 ml of blood at the time, well below the legal limit. During examination of the civil suit on October 5, 2009, Rivard said he had not taken or attempted to take a picture of the attorney during his arrest, while he testified to the contrary before the Police Ethics Committee on February 15, 2012.

The judge dismissed the jury during the defense presentation and acquitted Rivard on the grounds that there was total absence of evidence on an essential element of the offense.

In its appeal, the Crown argues that Judge Dumas erred in law on two main points and calls for a new trial.

A date will be set in the coming weeks to hear the arguments of the prosecution. Rivard, who was confined to administrative duties following the filing of the criminal charges in 2012, returned to his post on patrol after his acquittal.