Lawyer guilty of assault

Avocat coupable de voies de fait

An ex-Crown attorney deputy chief, Me, Maxim Knight, accused of sexual assault, has pleaded guilty to a reduced charge of assault committed on the wife of a friend, after an evening of too much alcohol.

While the trial was expected to open Wednesday, the defense and the prosecution have rather concluded their negotiations with a recognition of guilt of the accused on the charge of assault simple. Recall that in the criminal Code, the sexual assaults are part of the assault.

Me Karen Lee, Crown prosecutor in New Brunswick, in charge of the case, stated that the complainant agreed with this conclusion and do not wish to be heard.

The lady was absent at the hearing, would not have suffered after-effects. “She filed a complaint because they saw it as a civic duty and wanted to avoid that there are other victims or of the escalation in the actions of the defendant,” explained ms. Lee.

Contrary to the practice, the summary of facts was not read in the courtroom. Journalists have obtained, after having made the request to the judge.

Touching short

On the evening of July 17, 2016, Maxim Knight, a Crown prosecutor based in Montreal, and a co-worker go to a 5 à 7 at a couple of friends of Sainte-Foy before going to the show of Rammstein, on the plains of Abraham.

The alcohol flows; the four guests will consume three or four bottles of rosé wine, mojitos, coffee cocktails and hard liquor. No one will go to the show.

To 23: 30, the woman who would become complainant goes to sleep after having vomited. She wakes up around 1 and saw a person kneeling next to his bed, in the process of him fondle her breasts and lower belly. The touching would have lasted less than a minute.

First believes that it is his or her spouse, the woman reaches out and touches the man’s head. She understands immediately, his despise and turns on the light. She then discovers Maxime Chevalier.

The wife will join her husband and explains to him what just happened. The man, of the police detective retired, sum Knight and his friend from, what they are doing.

Maxim Knight has always maintained that you have no memory of the sexual touching. The psychiatrist Dr. Louis Morissette, to which the defence has asked for an opinion, assesses that the prosecutor was the victim of a “black-out alcoholic.” The prosecution recognizes this state of intoxication, to the limit of the automation.

When he learned what he had done, Maxime Chevalier said to have felt a trap door open beneath his feet. “It seems inconceivable to me to have been able to do such a thing, writing to Me Knight, in a statement dating from December 2016. The values of respect, dignity, and social justice are fundamental for me, both in my private life as well as in the context of my work.”

The lawyer, who has already dealt with victims of sexual assault, says he is appalled to have been able to do any harm to the victim and their loved ones.

Absolute discharge

After 11 years at the Crown, Maxime Chevalier has chosen to resign from the Director of criminal and penal prosecutions before a prosecution is brought against him.

He has since been hired as a lawyer in a firm in montreal. He and his wife are expecting their first child.

The lawyer has already made a donation of $ 2000 to the help Center for victims of crime.

Judge Jean R. Beaulieu of the Court of Québec has accepted the request of defense counsel, and Me Pierre Poupart and Charles Levasseur, grant an absolute discharge to Maxime Chevalier, at the age of 40 years.

The criminal defence lawyer Pierre Poupart had been able in 1999 to get a discharge for his client, Gilbert Rozon, guilty of sexual assault on a young woman of 19 years. The judgment Rozon is cited almost every time a defendant claims a discharge.