A Laval merchant who destroyed surveillance camera images under threat from suspects involved in an attempted murder in March 2021 obtained a clemency from the court that granted him a conditional discharge.
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“Although unlawful, the conduct of the defendants which gave rise to the crimes was an act motivated by fear of reprisal and not with the aim of impairing the work of the police,” emphasized Judge Maria Albanese at the beginning of this Week at the Laval Courthouse.
In view of this “unique and extraordinary” case, she imposed a suspended sentence of 18 months and 200 hours of community service on a 41-year-old person. The maximum penalty was 10 years in prison.
The defendant, whose identity was concealed by Le Journal, pleaded guilty to one of the two charges against him of obstructing a criminal investigation. A conditional sentence was issued on the second count.
Manipulated images
The case dates back to March 2021, when a 17-year-old teenager was the victim of an attempted murder with firearms on Boulevard Le Corbusier in Laval.
While the police began their investigation, the suspects called the defendant and headed to his shop, which is not far from the crime scene.
“They are threatening to attack his family if he passes on the images captured by his security cameras to the police. “The defendant is afraid,” Judge Albanese said.
The forty-year-old later assured authorities that his cameras were “fake and non-functional.”
However, after receiving a search warrant, an analysis revealed “that there were several manipulations and deletion of images.” “The defendant admits that he was the only one who had access to his camera system,” Judge Albanese described in her decision.
Direct attack
“The court is of the view that granting a conditional discharge would not harm the public interest. A public well-informed about the specifics of this case would not lose confidence in the justice system,” she argued.
The judge therefore favored the sentence proposed by the defense, recognizing, however, that the measures taken constitute “a direct attack on the work of police officers and…” […] to the judiciary.”
The Crown, for its part, argued for eight months in prison for the man, who has no criminal record.
The businessman, whose risk of relapse is assessed as low in the short and medium term, expressed “remorse that appears sincere” in his statement during the sentencing hearing, the court said.
“The evidence does not establish a criminal profile. Deterrence and targeted denunciation are achieved. The rehabilitation is there,” Judge Albanese noted.
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