Open in full screen mode
Samuel Ducharme is a former spokesperson for Sherbrooke Police Department. (Archive photo)
Speech synthesis, based on artificial intelligence, makes it possible to generate spoken text from written text.
The second trial of Samuel Ducharme for sexual assault aborted Friday at the Sherbrooke courthouse. Judge Julie Beauchesne issued a stay of proceedings under the Jordan ruling.
To meet the deadline, the trial would have had to be held before January 18, 2024, 18 months after the charges were filed. According to the judge, it will be impossible to hold a trial within these deadlines. The two days scheduled for this week in this trial were reserved for the request for a stay of proceedings. As for next week, no date was available.
L' Obtaining dates for the trial was difficult and perilous, despite numerous requests to my coordinating judge. This is due to the lack of staff and resources in the justice system, explained Judge Julie Beauchesne.
The finding nevertheless remains the same, the court cannot complete this file within the time limits prescribed by the Jordan decision. I underline the courage of [the complainant] to have come out of the shadows after 10 years of silence, underlined Judge Julie Beauchesne.
The complainant filed a complaint in 2021 for events which allegedly took place in 2011.
The US army strikes again the Houthi rebels in Yemen
ELSE ON NEWS: US military strikes again at Houthi rebels in Yemen
These actions will remain unpunished, unresolved, since the Court will not be able to evaluate it at its fair value, and this, despite the negative repercussions on his daily life.
A quote from Julie Beauchesne, judge
We did not expect the Jordan ruling today, we expected to be able to finish the trial in two days, maintains the prosecutor for criminal and penal prosecutions , Maude Lapointe.
Remember that Samuel Ducharme received a six-month community prison sentence last December, after being found guilty of another sexual assault. He appealed his case.
Before the Jordan ruling, the defense had made a request in stopping the proceedings, citing, among other things, late disclosure and insufficient police notes.
As part of the request for a stay of proceedings, the complainant, who cannot be identified due to a publication ban, explained the alleged assault to the judge on Friday morning.
She was only questioned and not cross-examined on the facts, explains Maude Lapointe.
The events would have taken place in December 2011 following a Christmas party organized by the City of Sherbrooke.
The complainant carpools with a friend, who informs her that they will also drive Samuel Ducharme back as well than a friend at the end of the evening. While the driver goes to get the vehicle and the others wait outside, the complainant says: Samuel and [his friend] say things in each other's ears, I feel too much, uncomfortable comfortable with what is happening, so much so that I make a comment: ''You are telling each other secrets.'' The two men would not have responded to him.
I feel bad, there is a discomfort that 'installs.
A quote from The complainant
When it comes time to get in the car, Samuel Ducharme's friend allegedly told the complainant to sit in the back. I take my hand, I come to take the handle, then he put himself between me and the handle, he said: "No, no. You don't sit in the front, you go in the back.''
It's at the the rear of the vehicle where the alleged assault allegedly took place. Samuel Ducharme allegedly tried to kiss him four times.
He kisses me with his tongue. I don't want to, I don't want to go through that. I push him away, I say no. It’s the same thing every time. He returns to the charge. It's no every time, I don't want that.
A quote from The complainant
The driver of the vehicle allegedly asked if everything was okay and if she should stop the vehicle on the side of the road.
After this intervention, Samuel Ducharme took the complainant's left hand and put it on her crotch, according to her.
I put my left hand on the seat. Samuel takes my hand and puts it on his penis. […] I feel his penis erect, continued the complainant.
According to her, a few seconds would have elapsed between Samuel Ducharme’s four attempts. The car ride would have lasted about fifteen minutes.
The victim recounts the rest of his night, once he returned at home: I don't sleep at night, I think about all this. I got screwed. I wonder if they talked about this in the hallway. I had something organized. I was disturbed. I didn't sleep all night, thinking about it.
More details will follow
With information from Marion Bérubé