Police officer Isabelle Morin, who was acquitted and then convicted of dangerous driving resulting in death during her second trial last December, is appealing her case.
• Also read: SPVQ Police Officer Isabelle Morin guilty of dangerous driving resulting in death
The news was confirmed by his attorney Me Maxime Roy on Tuesday morning.
In the appeal filed, defense attorneys allege that Judge Frank D’Amours erred in law in his December 19 decision.
In particular, the Morin clan alleges that he failed to state the facts used to support the guilty verdict and failed to take certain elements into account in his 55-page verdict.
In his decision, however, the judge felt he had analyzed all the evidence and expertise to come to a definitive conclusion: “As soon as the policeman started turning left, fate [de Jessy Drolet] was sealed,” he wrote.
Me Roy claims the Judge d’Amours decision will place an unjustified burden on provincial police officers. He is asking the appeals court to acquit his client or order a third trial.
Recall that in September 2015, while on duty driving an SPVQ cruiser, Isabelle Morin activated the flashing lights before crossing the cones separating two lanes of the Laurentian Autoroute in a work zone to reach a reverse exit.
The manoeuvre, which was not justified by an emergency call, resulted in a motorcyclist who lost control of his machine having the road closed before violently colliding with the police car.
Jessy Drolet, 38, died after the impact.
“The judgment of the Quebec Court will have the effect of creating disproportionate obligations for the police and all drivers on Quebec’s roads,” commented the policewoman’s lawyer after filing the application with the Court of Appeals, noting that the proceedings initiated will lead to “clarification of the duties of the police and all drivers”.
This is the second time the case of 51-year-old Isabelle Morin has appeared before the Quebec Court of Appeals.
The first trial against the police officer ended on October 30, 2018 with Judge Pierre-L being acquitted. Rousseau.
The decision was subsequently challenged by the prosecution, the Court of Appeal reversed the first judgment and ordered a new trial to be held.
That second trial took place in March and May 2022, with Judge D’Amours’ decision coming last December, seven years after the accident.
Isabelle Morin is still awaiting sentencing after the guilty verdict, she is due to return to court at the end of March to set a date for comment on the verdict.