A Montreal police officer used a judge’s stamp and signature behind his back to forge a court document legally used to arrest a murderer.
• Read also: pact with the devil
Here’s what we learn in a Supreme Court ruling about Frédérick Silva, an organized crime killer who was sentenced to life in prison in February for three murders committed in 2018.
Judge Marc David denounces the “outrageous” and “extremely inappropriate” behavior of Officer Guillaume Joly-Tessier, of the Service de Police de la Ville de Montréal (SPVM), in this verdict delivered before Silva’s trial last summer, and which could not be made public yesterday.
Frédérick Silva was the target of this investigation and was among the 10 most wanted criminals in Quebec and his arrest was a priority for the SPVM.
” Never seen “
The SPVM then resorted to “unheard of in Canadian judicial annals” — a false court order to “force” a witness to cooperate with the investigation, according to the court.
On February 15, 2019, Officer Joly-Tessier went to court to have this false warrant approved, but Judge Josée De Carufel refused to sign it.
The policeman did it for him.
Taking advantage of the judge’s absence from her office during their meeting, Officer Joly-Tessier “takes the judicial stamp of the judge lying on her desk and stamps the false judicial authorization,” Judge David tells us.
When he returned to the station, the police officer adjusted everything while doing what he called “tinkering”.
He cut out the judge’s signature on another warrant in his possession and pasted it onto his forged warrant that he had already stamped. He then added “a fabricated warrant number” and copied the court document that appeared “credible” and “identical” to a real document, the court said.
Silva’s lawyer, Me Danièle Roy, requested that the proceedings against the accused be suspended, arguing that such practices by the police are offensive. In vain.
Despite the ‘reproachability’ of Joly-Tessier’s ‘lack of ethics’, the agent has ‘no evil intentions’ […] when he steals the stamp of the Justice of the Peace without his knowledge,” the court said.
And while it is “worrisome” that “the police are deriving the authority of a judge” through a forged warrant, the judge concludes that such police technique is “an act commensurate with” the “worst crimes of the Code” . of which the accused was accused.
This little-known police technique, commonly referred to as a “C-24”, can be authorized by police force personnel without going through the courts.
Judge David also recommends that the federal legislature amend the Criminal Code so that the police must have this unusual investigative method pre-approved by a judge in the future.
It is not surprising that the defense has taken this case to the Court of Appeal. Frédérick Silva is still on trial for a fourth murder, committed in 2017.
4 DEAD AND ONE WOUNDED
Frédérick Silva has been found guilty of his participation in the following murders and attempted murders since 2017.
February 21, 2017 | terrebonne
Mafioso Salvatore Scoppa (right in this shot of the shooting) escapes with an arm injury when he is shot by Silva in a restaurant parking lot. In 2019, however, he is murdered in a hotel in Laval.
May 24, 2017 | Montreal
Daniel Armando Somoza Guildea and the accused are kicked out of the cabaret of dancers Les Amazones, rue Saint-Jacques after an argument. Outside, the first, aged 28, was fatally shot by two projectiles from a firearm by the second, who fled.
October 11, 2018 | Laval
Alessandro Vinci, 31 and with no criminal record, was shot dead in his used car shop. Authorities believe organized crime has nothing to do with the murder.
October 29, 2018 | Montreal
Yvon Marchand, known to police as a drug trafficker, was shot several times outside his home in the Hochelaga district. He alerted police via 911 before succumbing to his injuries.
December 20, 2018 | Montreal
Sébastien Beauchamp, a former member of the Rockers motorcycle club, was shot dead near a gas station in the Saint-Léonard district. It is “a miracle” that this broad daylight shooting, in which bullets hit three vehicles, did not cause an innocent victim, said the judge who took Silva to court.
About twenty “C-24” a year
A “C-24” is a term that, in the language of the police, denotes an investigative tool that, under certain conditions, authorizes them to commit certain acts that could constitute a crime.
- This term refers to Bill C-24, which has allowed such an investigative method under Article 25.1 of the Criminal Code since 2002, after the Supreme Court urged the legislature to determine in what context “the end justifies means [pour la police] which would normally be illegal.
- Authorization to commit a “C-24” may be granted by senior officers to police officers involved in an investigation or to criminals recruited by the police to infiltrate a gang.
- According to the Department of Public Security, Quebec’s police authorities have granted 387 authorizations to commit a “C-24” between 2003 and 2020, at an average of twenty per year, including a peak of 44 in 2016.
- In 2019 and 2020, officers were empowered to commit mischief, extortion, stalking, burglary, fraud and participation in criminal gang activity during investigations of drug trafficking, gangsterism, murder, sexual assault, pimp, home invasion, corruption and anti-government fraud.
- A “C-24” does not confer immunity to kill or injure another person or to violate another’s sexual integrity.
The police used other investigative techniques that the defense denounced in this case:
- In August 2017, Frédérick Silva’s wife filed a complaint with the Terrebonne police, claiming to have been the target of harassment, threats and intimidation by a stranger who insisted on putting him in touch with the fugitive. It was a double agent who had to give Silva a spy phone to locate the place where the latter was hiding.
- The double agent insisted on leaving a bouquet of flowers, the mobile phone and a handwritten note at the door of the woman’s home asking her to give the device to her husband. The woman thought it was a “mortuary wreath”.
- The double agent also followed her into the parking lot of a restaurant and the daycare where her children attended, asking if she had “forgotten” him.
- Among the other scenarios the investigators developed to encourage Silva to surrender, they made a report to the DPJ — which concluded there were no grounds for intervention — thinking they were “simulating a fire in the vehicle.” from his wife. However, a senior SPVM officer refused to authorize this “fake Molotov cocktail” because of the danger posed by this scenario.