Child pornography Four years in prison for a young predator

Sexual assault Freed because DNA tests are delayed

A Montrealer accused of sexually assaulting his daughters, one of whom allegedly got pregnant before having an abortion, was finally able to recover his bail because the Crown took too long to carry out DNA tests.

” In my opinion, [la Couronne] did not act with diligence, which would have the effect of unduly prolonging the detention of the accused, ”commented Judge Manlio Del Negro last week at the Montreal courthouse.

The criticism concerned the detention of a fifty-something, accused of sexually assaulting his own daughters from 2002 to 2004, when they were young.

“According to the evidence of the Crown, the eldest daughter of the defendant had an abortion following an unwanted pregnancy caused by sexual relations with the defendant”, explained the magistrate.

The fetal tissue was reportedly preserved by the clinic and was seized by investigators for genetic analysis. The accused, who cannot be named in order to protect the identity of his daughters, was arrested in 2020 when the latter lodged a complaint.

During the first investigation into the accused’s release last December, DNA tests had not yet been completed. Despite everything, a judge refused to release him on the pretext that it would have undermined public confidence in the justice system.

Delayed tests

However, several months later, no analysis has yet been done. Neither on the fetal tissue nor on the accused in order to compare the genetic profiles.

“The analyzes continue,” said the Crown prosecutor, saying that there was still work to be done.

These words did not reassure the judge who was faced with a request from the accused to revise the detention order.

“During this time, the defendant continues to languish in detention, he explained, recalling that the accused benefited at this stage from the presumption of innocence. We must not forget that in Canadian law, the cardinal rule is the release of the accused and detention, the exception. “

Thus, faced with the delays in obtaining evidence that could seal the outcome of the case, the judge considered that the accused should be released pending trial. Especially since in prison, the latter began therapy.

The case will soon return to the Court for further proceedings.


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