The testimony of the alleged victim is essential to the conduct of this process. Carbonneau, 36, has been detained since his arrest in August 2023.
The complainant was 18 years old at the time of the offenses he was accused of. The sexual assaults and assaults are said to have been committed as part of domestic violence. The young woman is now 19 years old and her identity is protected by a publication ban.
When the files were opened last summer, the alleged victim's cooperation was “excellent”, both with the police and with the public prosecutor's office. Even the young woman's parents were involved in the court proceedings.
However, communication has broken down in recent weeks. By January 3, all parties had not heard from the young woman for several weeks.
On Wednesday morning, after deliberation, Judge Charles-Oliviers Gosselin granted the postponement of the trial, taking into account the arguments presented. This decision gives the prosecutor time to contact the complainant and ensure her safety.
“Before December 11, there was no reason to believe she would not participate. In the interests of justice, it is necessary to grant the stay. If I refused, it would result in my acquittal of a serious charge. It deserves to be judged on the merits of the case,” emphasizes the judge.
Judge Gosselin took into account the witness's young age and the defendant's criminal record in making his decision. He found no element of negligence in the prosecution's attitude.
Against his will
As we learned on Wednesday, the Quebec police investigator last spoke to the victim by phone on September 26th. She then understood the legal process very well and knew what was expected of her, namely testifying before a judge.
The trial of Jean-Serge Carbonneau was then scheduled for October. It should last a little over a day, January 3rd and 4th.
On December 11, the police and public prosecutor's office wanted to confirm the court dates with the complainant. Attempts to contact her were unsuccessful.
The last messages were sent via the Facebook Messenger application on December 21st and 29th. The complainant neither read nor opened the messages in question.
“We have not received any response by phone or messenger for a month [Facebook] or via SMS. Even her mother has difficulty communicating with her. She would still be in the country, but we don’t know exactly where,” argued Laura Plamondon-Dufour on Wednesday.
She therefore requested a postponement of the trial. She claims that techniques to contact the complainant will increase in the coming weeks.
“We have doubts that it is not his will not to respond to these messages. My wife’s situation is very special.”
— I Laura Plamondon-Dufour
“She wanted to go all the way [du processus judiciaire]» recalls the lawyer, recalling their first meetings.
According to Quebec police, the complainant may be in western Canada. At least that's what his mother thinks. The SPVQ therefore intends to continue the reviews and enlist the cooperation of other police forces.
background
Jean-Serge Carbonneau has extensive legal experience.
Since 2008, the 36-year-old has been charged with breach of trust, theft, threats, drug trafficking and bodily harm. He also faces 14 charges of failure to comply with conditions.
In 2013, he was sentenced to two years and 36 days for domestic violence-related assault. The same scenario in 2020 when he was sentenced to 90 days in prison with hours of community service for making threats to an ex-spouse. Each time it is a different complainant.
Central testimony
During a trial on allegations of domestic violence, the complainant's testimony proves “central,” explains Audrey Roy-Cloutier, spokeswoman for the Director of Criminal and Penal Prosecutions (DPCP).
“Sometimes there is other evidence, such as text messages or voice recordings, that supports the allegations. In other cases, the evidence consists essentially of the victim’s statement,” the prosecutor notes.
Especially in cases of sexual assault, it is rare that there are other eyewitnesses.
In all domestic violence cases, the complainant is supervised by several people, not just the attorney. Investigators and members of the Crime Victim Assistance Center (CAVAC) are mobilized to reassure and support them.
“In the event that we cannot reach them, the network of contacts begins to find out what their intentions are. It can be full of scenarios: ambivalence, fear for her safety, is she sick? We want to know what's going on to determine what happens next.
If the complainant is not willing to go to court, the public prosecutor must clearly justify the request for a postponement.
“The judge is there so that justice takes its course. He must also take into account the interests of the accused, his right to a trial within a reasonable time, the public interest and the importance of the evidence. It’s a kind of equalizer.”
“If the prosecution has not taken serious steps, such as laxity, it is difficult to obtain a postponement.”
—Audrey Roy Cloutier
If the complainant is frightened by giving her statement, there are several ways to calm her down. For example, we can show her the courtroom in advance or have her testify remotely.
“Of course we will not force anyone to come and testify. We don't put any additional pressure on this person. Domestic violence is specifically what someone does, namely exerting pressure.”
Acquittal possible?
In a domestic violence case, if the plaintiff still cannot be found after several searches or she withdraws, the prosecutor must begin consideration.
“We need to be clear about whether there is still enough evidence to sustain the allegations. Do we have a reasonable prospect of conviction? If we have no hope of seeing the alleged victim again, all options have been exhausted and we cannot provide evidence, the charges can be dropped,” emphasizes the DPCP spokesman.
Several legal options are possible, such as a stay of proceedings, allowing a retrial within 12 months, or an acquittal, leading to the defendant's immediate release.
“This is one of the things that happens, which is why there are measures in place to stay in touch with the complainants.” Regardless of the legal outcome, our concern is his safety. We have to build a relationship of trust,” concludes Me Roy-Cloutier.