Yves “Colossus” Plamondon at the palace of justice of Quebec in march 2014
April 15, 2020 13h29
Updated at 17: 03
Not a penny for “Colossus” Plamondon
Yves “Colossus” Plamondon, held for 28 years for three murders that he denies having committed, will not have a penny of the state of quebec. The superior Court believes that the Crown attorney of the time has not been guilty of willful misconduct in failing to disclose certain statements to the defence.
The decision to nearly 60 pages of judge Jean-François Émond of the superior Court was made public on Wednesday morning.
Plamondon, who was now 69 years old, claimed damages of ten million dollars to the Attorney general of Quebec to what he considered to be a miscarriage of justice.
In 1986, Yves “Colossus” Plamondon, seller of drugs influential in Québec, was found guilty of the murders of three resellers indebted to him, Claude Simard, Denis Ouellet and Armand Sanschagrin. The Court of appeal has assessed that it is the testimony of an accomplice become informer, André “Ball” Desbiens, who had a decisive impact in the sentence. Desbiens is subsequently retracted, shortly before his death.
Plamondon was felt that the police and the Crown had hidden the defence two of the witness statements, Jean-Noel Daley and Pierre Gaudreault, present at the tavern in Saint-Sauveur where Plamondon would be gone before killing Claude Simard. The two men each gave two statements, which included some of the nuances between them. Only the second has been presented at trial.
Plamondon was argued that without this omission, the outcome of the trial would have been different.
The Court of appeal ordered a new trial because of flaws in the disclosure of evidence. The public ministry has chosen to never go ahead and filed a request to shutdown procedures known as “nolle prosequi”. Plamondon will, therefore, be acquitted.
Plamondon and his attorneys then begin the combat in the civil chamber, demanding first $ 35 million for mistakes, which, they said, have deprived their client of his liberty for 28 years. The request for damages was reduced to $ 10 million during the trial last fall.
In the end, judge Jean-François Émond rejects the request of the former inmate because he is not at all likely, he said, that the police or the prosecution had deliberately failed to disclose to the defence the statements by Daley and Gaudreault.
The explanations of the Crown attorney of the time, the judge René de la Sablonnière of the Court of Québec, to “weigh heavy,” notes the superior Court. The judge of the Sablonnière testified during five days. “Not only Mr. de la Sablonnière has he not been contradicted, but his testimony seems reliable, credible and sincere”, wrote the judge Émond.
During the criminal trial, the prosecution had collaborated with the defence reminds the judge Émond. In addition, if the police officers of the Sûreté du Québec had wanted to hide the original statements, they would not have made reference in their report of investigation, adds the judge. A deliberate omission is all the more improbable that the statements were not unfavourable to the prosecution, believes the superior Court.
The judge Émond is convinced that the missing declarations would not have been sufficient to call into question the probative value of the testimony of the informers, “Ball” Desbiens in particular. “Of course, the informers Desbiens and Blass (Michael) were witnesses nerds, wrote the judge Émond. However, the information they provided was corroborated and confirmed at several levels.”