Court overturns stay granted to 88-year-old former Quebec judge in wife's killing

The Quebec Court of Appeal has overturned a decision that allowed a former judge, who is now88, to avoid a second trial in the death of his wife.

In 2012, Jacques Delisle, a retired judge with the Quebec Court of Appeal,was convicted of first-degree murder in the 2009 death of his wife, 71-year-old Marie Nicole Rainville,and was sentenced to life in prison with no chance of parole for 25 years.

He spent nine years in prison before David Lametti, the federal justice minister at the time, ordered a retrial after finding that "a miscarriage of justice likely occurred" in the case. One of the Crown's expertsmade serious mistakesin the original pathology report that led to his conviction.

In April 2022, a Quebec Superior Court judge agreed with Delisle's legal team that a second trial would be unfair, given the magnitude of those errors, and granted a stay in legal proceedings.

In a unanimous ruling issued Friday, the Quebec Court of Appeal tossed aside thatstay in proceedings and sentthe case back toQuebec Superior Court, where Delisle once again faces the possibility of a second trial.

The province's highest court said the expert's mistake was serious but does not justify a stay in proceedings, which should only be granted in the rarest of cases. It also saidlast year's decision was "marred by mistakes."

According to this latestruling, last year's decision was mistakenly based on the idea that it's impossible for Delisle to get a fair second trial, and that the errors in the original proceedings can only be remedied by doing away with a new trial.

"The court prefers letting the judge and the different parties determine the appropriate remedy," the ruling reads.

In a brief statement, Quebec's Director of Criminal and Penal Prosecutions said it was aware of the Court of Appeal's decision, but would not comment further given that Delisle's case is still ongoing.

WATCH| Jacques Delisle exits courthouseafter learning he won't face 2nd trial:

Jacques Delisle walks a free man

2 years ago

Duration 0:59

Former judge Jacques Delisle walks out of a Quebec City courthouse towards 'peaceful days with his family' after proceedings were dropped in his 2009 murder case.