On August 17, 2021, a couple was riding a car in the left lane, on highway 40 in Quebec. A man is driving, while his spouse is installed in the passenger seat.
An orange motorcycle then arrives at full speed, behind the couple’s vehicle.
She “does pressure” to force a change of track. But the complainant cannot make the maneuver, as cars are on the other way.
When the driver of the vehicle can ultimately be put on the right, the bike exceeds it, but remains up to it, time to exchange a few words that seem “aggressive”.
The two men agree to stop by the road to “adjust this”. The complainant therefore stops on the edge of the road and leaves the vehicle, his spouse remains in the car. In particular, she takes pictures of the license plate.
The driver of the motorcycle then heads towards the complainant and gave him a violent punch in the face. The man collapses on the ground and the motorcyclist kicked him before leaving the premises.
The complainant loses consciousness; He bleeds in the head, by mouth and ear. An ambulance is requested on the scene.
“Fragile” proof
The police of the Sûreté du Québec organized a “photographic identification parade” to determine if they had stopped the right suspect, a few weeks later.
This survey technique is often seen in movies or television programs, it consists in presenting several photos of different men to a witness. The latter must then identify the right suspect among the choices.
For Canadian justice, this type of evidence is “fragile” and has several “dangers”. This is one of the techniques most at risk of causing a miscarriage of justice, recalls judge Thomas Jacques in his decision, read in the courtyard on Monday.
Even an honest person can be mistaken when the time comes to identify an attacker, whom he saw for only a few seconds.
Lost file
During the trial, the parties learned that “the original photographs were lost by the police force”. Despite several checks, the file has been not found since July 2023.
This reversal of the situation prompted the defense to file a request to stop procedures, before this “unacceptable negligence of the State”.
This request was rejected by judge Jacques. He admits that this situation compromises the equity of the Thiffault trial, but believes that there is a less radical compensation. The proof is imperfect, but eligible in trial, concludes the magistrate.
The “photographic identification parade” was therefore presented in court, thanks to the testimonies of the police involved. The complainant as his spouse tried to identify Denis Thiffault, 57, through different photos, but their answer did not convince Judge Jacques.
At the time of the offense, the faulty man wore smoked glasses, a helmet, a Harley-Davidson coat and blue jeans. He had a pepper and salt beard.
The complainant says he keep a fuzzy memory of the event, as he lost the card after the punch in the face. Her spouse, she saw only the lower face for “about 10 seconds”.
For the magistrate, the identification of Thiffault by the witnesses does not constitute a strong enough proof.
Gaps
The prosecutor on the file, Me Camille Dubé, had no other evidence to present to the court. She must work with the content of the police report. No element of the survey concerning orange motorcycle or suspect’s clothes on alleged crime day could be used.
In defense, Me Marie-Pierre Boulet did not present any evidence.
The dispute therefore only focused on the identification of the suspect, which was not proven beyond all reasonable doubts. Thiffault therefore benefits from the presumption of innocence, and was acquitted of dangerous driving leaders and assaults causing lesions.
“A conviction must be based on reliable and credible evidence,” said judge Jacques in his decision.
He did not fail to rebun the police.
“The court cannot help deplore the many shortcomings in terms of the police investigation. In view of the severity of the offenses in question, the investigation should have involved additional steps and resources, ”adds the magistrate.
This “episode of rage at the wheel involving dangerous maneuvers committed on the high -speed highway in broad daylight and in the presence of traffic, culminating free, loose and repeated blows requiring the hospitalization of the victim” will therefore remain unpunished.
“The acquittal verdict does not mean that the accused is not at the origin of alleged incidents, it simply means that there is reasonable doubt about the guilt of Denis Thiffault,” concludes Judge Jacques.
The survey was carried out by the Division of Major Crimes of the Sûreté du Québec.
Another violent episode
In July, Thiffault admitted that he had dried up a motorist in full traffic on highway 40, in the Montreal sector. The 50 -year -old, aboard a car, was in front of the victim’s bad behavior in the fall of 2021.
He will have to serve 14 months in prison for an accusation of assault causing lesions.
These facts are similar to those presented on Monday. They would have occurred after the Rage episode behind the wheel of Quebec, but the file has walked faster.
