Murder at Maxi: Court of Appeal orders new trial for Randy Tshilumba
Randy Tshilumba was convicted for the murder of Clémence Beaulieu-Patry in a Maxi in 2016.
The Quebec Court of Appeal orders a new trial for Randy Tshilumba, this young man convicted of the premeditated murder of Clémence Beaulieu-Patry in a Maxi grocery store in Montreal in April 2016.
In a judgment handed down on Monday, the Court of Appeal criticizes Judge Hélène di Salvo for having made errors, in particular by giving the jury instructions that were unduly long, unnecessarily complex, manifestly contradictory and prejudicial to the accused.
The judge is master of the law and the jury is master of the facts, explained lawyer-criminalist Charles Côté in an interview with Isabelle Richer on Tuesday. But sometimes […], you have to interpret the facts according to the rules of law. So the judge, in his directives, is there to educate or direct the jury so that they can interpret the facts presented in the good sense of the law.
The Court of Appeal thus criticized Judge Hélène di Salvo for having confused the jurors by wanting to provide them with the tools necessary to deliberate.
The jurors had made known their verdict on October 20, 2017 after three days of deliberation. Randy Tshilumba was then found guilty of premeditated murder and was therefore automatically sentenced to life imprisonment, without the possibility of parole for 25 years.
During the trial, his lawyers had built a defense on the concept of not responsible for mental disorder, while two psychiatrists had argued that the young man, then aged 19, no longer distinguished right from wrong when committing his gesture.
The prosecution had rather argued that he knew very well how to distinguish right from wrong, without however denying that he could be suffering from mental disorders. For prosecutors, Randy Tshilumba's behavior immediately after the murder showed that he was in possession of his faculties: he had changed his clothes, hidden the murder weapon and searched the Internet to find out. how to get rid of them.
Judge di Salvo urged the jurors to consider these elements in their deliberations. The Court of Appeal is however of the opinion that the behavior of the accused after the crime cannot be considered to determine his intentions at the time of committing his act, hence the prejudice to the accused she mentions in her judgment.
Clémence Beaulieu-Patry was 20 years old when she was stabbed 14 times at her place April 10, 2016.