The Director of Criminal and Penal Prosecutions (DPCP) will not appeal the verdict in the case of Maj. Gen. Dany Fortin, who was acquitted on December 5 of sexual assault charges in a 1988 case.
• Also read: Dany Fortin acquitted in his sexual assault trial
A military spokesman told QMI that criminal defense attorney Isabel Schurman, the chief of defense, had received no news from the DPCP and the plaintiff as of Friday and now considers the case “closed.”
Asked to comment on the matter, the DPCP confirmed in an email on Monday that it would not be appealing “after a thorough analysis of the decision”.
“This judgment is based essentially on the assessment of evidence and, given the applicable legal norms, the prosecutor cannot appeal on a question of fact. Consequently, the DPCP has decided not to appeal this verdict,” said Audrey Roy-Cloutier, spokeswoman for the DPCP.
“Our decision has been communicated to the victim and we want to highlight the courage and resilience she has shown throughout the trial,” she added.
The accuser had thirty days to notify the court of its intention to challenge Judge Richard Meredith’s decision.
In his verdict, the latter noted the “contradictions” in the statements made by the victim, who also “exaggerated certain facts and gestures”. He said he was convinced an attack had taken place, but that the circumstances surrounding the event may have led to a misidentification.
“The court has no doubts about the sincerity of her statements in this regard and sympathizes with her given the suffering she has endured. However, the court’s decision cannot be based on sympathy,” Judge Meredith said.
The trial of Dany Fortin, best known to the public as responsible for the nationwide distribution of vaccines against COVID-19 until mid-May 2021, had received significant media attention.
He condemned a “political” decision and was relieved of his duties immediately after the allegations became known, at a time when the Canadian armed forces were in turmoil following a series of sex scandals involving several of their senior leaders.
“From the beginning, senior military and political officials assumed and acted as if I was guilty. I was denied due process. Information about my case was mishandled and leaked to the media,” Dany Fortin said after the decision at the Gatineau courthouse.