End of legal proceedings against doctor Serge Grégoire
The doctor Serge Grégoire wins his case. The judge concedes that the 12 years that elapsed between the complaint and the charge represent an unreasonable delay. (Archives)
Judge Pierre Rousseau accepted Monday morning the motion for pre-charge delay in the case of Baie-Comeau doctor Serge Grégoire.
This decision puts an end to the legal proceedings, just over two years after the arrest of Serge Grégoire who was facing two counts of sexual assault.
The facts of which he is accused were allegedly committed against the alleged victim on March 26, 2002 and April 8, 2002 in Baie-Comeau.
The lawyer representing Serge Grégoire won the case, arguing that the delay between the filing of the complaint and the arrest was unreasonable, when nearly 12 years had elapsed between the two.
According to the defence, the complaint of the alleged victim was filed in 2008. A warrant for the arrest of Serge Grégoire was issued on September 29, 2020.
The judge explained his decision by saying that the conduct of the prosecution undermines the integrity of the justice system.
It is obvious that holding a trial after such a long delay before the charge only perpetuates the infringement, the abuse of process, said Judge Rousseau during the reading of his decision on Monday morning. Ordering a trial would also be a way for the court to endorse such conduct.
The judge described this case as very rare, considering that the police investigation had nothing to do with it. complex.
Called to react, the communications and public relations coordinator for the Crime Victims Assistance Center (CAVAC), Marie-Christine Villeneuve, maintains that this situation is unheard of.
Unfortunately, this is a harmful situation which is deplorable for a victim who finds himself in this situation because it can arouse a strong feeling of injustice, believes Ms. Villeneuve.
To explain the delay, the prosecutor did not provide any other reasons.
This is therefore offensive conduct by the prosecution, a deliberate and considered choice, that the file dies a beautiful death. […]. The action of the prosecutor in charge of the examination is to leave the file aside, hoping that it will sink into oblivion, continues the judge.
It is not really not the way of working that we witnessed. The prosecutors will take their cases to heart and will bring them to a conclusion by filing charges or not, underlines Marie-Christine Villeneuve.
Spokesperson for the Director of Criminal and Penal Prosecutions , Audrey Roy-Cloutier, argues that following this judgment, the Crown will decide whether or not the case will be appealed within the prescribed 30-day period.