A Montreal police officer used a judge’s stamp and signature behind his back to forge a court document that was legally used to arrest a murderer.
• Also read: deal with the devil
We learn in a Supreme Court decision on 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 “disgraceful” and “highly inappropriate” conduct of Service de Police de la Ville de Montréal (SPVM) agent Guillaume Joly-Tessier in this ruling, which came before Silva’s trial last summer could not be published yesterday.
The target of this investigation was Frédérick Silva, one of Quebec’s top 10 most wanted criminals, and his arrest was a priority for the SPVM.
The SPVM then resorted to “unheard of in Canadian court annals,” the court said: a false court warrant designed to “force” a witness to cooperate with the investigation.
On February 15, 2019, Agent Joly-Tessier went to court to have this bogus warrant approved, but Judge Josée De Carufel refused to sign it.
The cop did it for him.
Agent Joly-Tessier took advantage of the fact that the judge was not in her office during her meeting and “takes the judge’s court stamp that’s on her desk and stamps the wrong court order,” reports Judge David.
Returning to the station, the officer tweaked everything while doing what he called “tinkering.”
He clipped the judge’s signature from another warrant he had and pasted it onto his fake warrant, which he had already stamped. He then added “a fabricated warrant number” and photocopied the court document, which the court said looked “credible” and “identical” to a real one.
Silva’s lawyer, Me Danièle Roy, requested a stay of the accused’s trial, arguing that such police practices were abusive. Vain.
Despite the “reprehensibility” of Joly-Tessier’s “lack of ethics,” the agent has “no malicious intent.” […] if he steals the stamp of the justice of the peace without his knowledge,” the court said.
And while it is “worrying” that “police are borrowing a judge’s authority” through a forged warrant, the judge concludes that such police technique “is an act proportionate to the “most serious crimes of the… Code” stands “which the suspect was accused of.
This little-known police technique, commonly referred to as the “C-24,” can be authorized by law enforcement officials without going through a court process.
Judge David also recommends that federal lawmakers change the penal code to require police to have this unusual investigative method approved by a judge.
Not surprisingly, the defense took this case to the Court of Appeals. Frédérick Silva has yet to be charged in a fourth murder committed in 2017.
4 DEAD AND ONE INJURED
Frédérick Silva was found guilty of his involvement in the following murders and attempted murders since 2017.
February 21, 2017 | Terrebonne
Mafioso Salvatore Scopa (on the right in this footage of the shooting) escapes with an arm injury when he is shot by Silva in a restaurant parking lot. However, he is said to be murdered in a hotel in Laval in 2019.
With kind approval
May 24, 2017 | Montreal
Daniel Armando Somoza Guildea and the accused are expelled from the dance cabaret Les Amazones, Rue Saint-Jacques, after a dispute. 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 store. Authorities believe the organized crime had nothing to do with the murder.
With kind approval
October 29, 2018 | Montreal
Yvon Marchand, known to the police as a drug dealer, was shot multiple times in front of 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 petrol station in the Saint-Léonard district. It was “a miracle” that the shooting in broad daylight, in which bullets hit three vehicles, did not result in an innocent victim, according to the judge who summoned Silva to court.
With kind approval
Approximately twenty “C-24” a year
A “C-24” is a term used in police language to denote 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 a means of investigation under Section 25.1 of the Criminal Code since 2002, after the Supreme Court asked lawmakers to determine in which context “the end justifies the means.” [pour la police] which would normally be illegal.
- Permission to inspect a “C-24” may be issued by senior officers to cops involved in an investigation or to criminals recruited by the police to infiltrate a gang.
- According to the Department of Public Safety, between 2003 and 2020, Quebec police forces issued 387 permits to commit a “C-24,” for an average of 20 per year, including a peak of 44 in 2016.
- In 2019 and 2020 officers had powers to charge mischief, extortion, stalking, burglary and intrusion, fraud and participation in criminal gang activities in investigations related to drug trafficking, gangsterism, murder, sexual assault, pimping, home invasion, corruption and fraud commit government.
- A “C-24” does not confer immunity from killing or injuring another person or violating another’s sexual integrity.
The police used other investigative techniques, which the defense denounced in this case:
- In August 2017, Frédérick Silva’s wife filed a complaint with the Terrebonne police alleging that she had been harassed, threatened and intimidated by a stranger who insisted that she put him in contact with the fugitive. It was a double agent in charge of giving Silva a spy phone to locate his hideout.
- The double agent persistently left a bouquet of flowers, the cell phone and a handwritten note on the door of the woman’s apartment asking her to give the device to her spouse. The woman thought it was a “body wreath”.
- The double agent also followed her into a restaurant parking lot and into the daycare where her children were at and asked her if she had “forgotten” about him.
- Among the other scenarios that investigators came up with to get Silva to surrender, they made a report to the DPJ — which concluded there was no need for action — and contemplated fixing “a vehicle fire” on his to simulate wife. However, a senior SPVM officer refused to approve this “fake Molotov cocktail” because of the dangers inherent in this scenario.