The trial of former municipal political fundraiser Bernard Trépanier in connection with the city of Montreal’s sale of Faubourg Contrecoeur won’t begin next month, and it may never begin, his lawyer says.
Trépanier is too ill to attend the five weeks of his trial on seven counts of fraud, conspiracy, fraud against the government and breach of trust that was scheduled to begin on April 3, Court of Quebec Judge Yves Paradis ruled on Wednesday.
“At present, his health and his ability to concentrate do not allow him to continuously attend a trial over a significant period,” the judge said in granting a motion filed by Trépanier’s lawyer, Daniel Rock, to cancel the summonses to witnesses to appear in court and testify at the trial.
The trial is postponed, Paradis ruled, but a new date isn’t being set at this point. The judgment noted that evidence filed by the defence indicates the 79-year-old’s cancer is spreading and incurable.
Outside the courtroom, Rock called the judgment realistic.
“It’s a relief to Mr. Trépanier,” he said.
Rock added: “I don’t think we’ll ever start.”
The Crown had argued that Trépanier’s condition wasn’t a complete obstacle to attending the trial and that the schedule and hours could be set around his needs.
However, Paradis called the Crown’s suggestion unrealistic because Trépanier’s ability to attend and concentrate on the proceedings would be variable. The availability of the witnesses, court employees and the courtroom to serve other cases would be greatly affected, the judge added.
Trépanier was arrested in 2012 with former city executive committee chairman Frank Zampino, businessman Paolo Catania and others in connection with the 2007 sale of city-owned land known as Faubourg Contrecoeur to Construction Frank Catania et Associés Inc. at a discounted price.
Their trial by judge alone began in February 2016, and Trépanier was ordered a separate trial after he began cancer treatments in 2016.
Court of Quebec Judge Yvan Poulin is to render verdicts for the others on May 2.
Trépanier, who was chief fundraiser for Zampino and former mayor Gérald Tremblay’s Union Montreal party, was also arrested last September in connection with Montreal’s awarding of engineering and other consulting contracts.