Ontario pathologist contradicts 2012 testimony at ex-judge Jacques Delisle's bail hearing

A forensic pathologist called to testify at the bail hearing for Jacques Delislethe only judge in Canada to have gone to prison for first-degree murder says the bullet that killed Delisle's wife entered the left side of her skull at a 90-degree angle,testimony thatdiffers radically from theevidence at Delisle'soriginal trial.

The retired judge was convicted in 2012 of first-degree murder for the 2009 shooting death of Nicole Rainville and received an automatic life sentence.

Delisle wasback in court in Quebec City today for the first day ofwhat legal experts call a "very rare" hearing, seekingbail as he awaits the outcome ofa ministerial review of his case.

Dr. MichaelShkrum of London, Ont., the main defence witness, explained to Quebec Superior Court Justice Benoit Moulin that his conclusions differ from those of pathologist Dr. Andr Bourgault, who conducted Rainville's autopsy.

Testifying for the Crown in 2012, Bourgault said the shot that killed Rainville was fired at an angle of 30 degrees, which would be consistent with someone standing above the disabled woman, holding a gun to the front of her head.

Flawed autopsy report

"The bullet went straight across, from the left to the right side of the skull," Shkrumtestified Tuesday.

"The X-rays show evidence of an internal ricochet."

Shkrum, the director of the Southwestern Ontario Regional Forensic Pathology Unit, is an expert in close-range firearms wounds.

He told the court he wasfirst made aware of Rainville's shooting death in early 2015 by a producer for the CBC investigative programthe fifth estate looking into Delisle'sclaim that he was wrongfully convicted of his wife's murder.

Shkrum has since prepared a written report on his ballistic evidencefor the federalJustice Department'sCriminal Conviction Review Group, which is responsible for investigating Delisle's application for a ministerial review of his conviction.

Shkrum said he consulted with seniorpathologists in three provinces before signing off on his report: the chief forensics pathologist for Ontario and the chief medical examiners for Manitoba and Nova Scotia.

He pointed out several discrepancies in the autopsy performed at the time of Rainville's death.

He said no photos of the brain were taken and that the autopsy report didn't include any clear diagrams indicating the path of the bullet.

Son, friend vouch for retired judge

The retired judge was transported from LaMacaza, the medium-security penitentiary northwest of Montreal where he is being held,toattend the hearing.

Dressed in a white dress shirt and blue suit jacket, the 81-year-old arrived at the court room in shackles, which were quickly removed by a corrections officer.

He didn't hurt her. We believe inhim. Jean Delisle, son of Jacques Delisle

Jacques Delisle's son, Jean Delisle,agreed to guarantee his father's bail and conditions if he is released, pending a ministerial review of his case.

"If I had one-sixteenthof a doubt, I wouldn't be here. We've supported him from the beginning and will until the end," he told the court, after touching his father's hand through the glass of the prisoner's box.

"He didn't hurt her. We believe in him."

• Justice Department re-examinesDelislemurder conviction after fifth estate story

JacquesDelisle's former colleaguePierre Cimonalso vouched for his friend.

Cimon worked in the same lawyers'cabinet as Delisle in the 1970s and '80s. He said he didn't hesitate to guarantee bail when Delisle's lawyers approached him.

The retired judgehopes to return to live in his condo in the Quebec City suburb ofSillerywhile he awaits Justice MinisterJodyWilson-Raybould'sdecision on his application to reopenhis case.

'Very rare' hearing

Delislehas alreadyexhausted all legal avenues.

However, in Canada, convicted prisoners who have lost all appeals are allowedto make a direct appeal to the federal justice minister.

That application for ministerial review, submitted 19 months ago, has advanced to the investigation stagethe second of four stages undertaken by the Justice Department'sCriminal Conviction Review Group.

If the review is successful,Delisle'scase could be sent back to the Quebec Court of Appeal or a new trial could be set.

The bail hearing now underwayis "very rare," said Quebec City criminal lawyer Alain Dumas, who toldCBC'sFrench-language service, Radio-Canada, that in 40 years of practice, he'd never seen anything like it.

"I think that the new evidence to be produced in this file will weigh very heavily in the judge's ruling," Dumas said, adding that"it will have to be rather solid."

Wife's death a suicide, ex-judge contends

Since his conviction in 2012, the former judge has continued to insist on his innocence.

In thejoint investigation bythe fifth estateandEnqute last year,three independent forensic experts reviewed the evidence in Delisle's caseand concluded itpointed to suicide, not murder corroboratingDelisle's confessionthat, while he did not murder his wife, he did supply her with the gun that she used to kill herself.

The Crown, which is opposing Delisle's release, plans to call backas a witness Dr.AndrBourgault,the same pathologist who testified at the 2012 trial.

• Watch the fifth estate: Murder and the Judge