Daniel Langlois, 66, and Dominique Marchand, 58, shown in this undated handout image provided by the Daniel Langlois Foundation.Daniel Langlois Foundation/Daniel Langlois Foundation/ The Canadian Press
In a surprise ruling, the judge overseeing the case of a prominent Quebec couple slain in Dominica last year has admonished police and prosecutors working on the file for flagrant delays and mischaracterized evidence.
In a 24-page decision released Thursday, Justice Colin Williams granted bail to one of the accused, Jonathan Lehrer, based largely on the prosecution’s legal missteps and gave a dim assessment of the state’s case.
“Based on the disclosed evidence, the strength appears to favour [Mr. Lehrer],” he wrote.
In December of last year, authorities charged Americans Mr. Lehrer and Robert Snyder Jr. for the murders of Daniel Langlois, 66, and Dominique Marchand, 58. The deaths horrified the nation, where the wealthy couple were beloved for rebuilding a hurricane-battered school, financing a jetty and other philanthropic ventures.
Since his incarceration, Mr. Lehrer, who also holds Dominican citizenship, says his health has deteriorated and he now requires treatment from offshore doctors. In April he made an unsuccessful bail application arguing that urgent prostate issues were “a real threat to my life and livelihood” and said he could not be treated in Dominica. Justice Williams denied that application partly because the prosecution assured him that it would disclose its evidence in a timely manner and proceed to trial within six months.
But that timely disclosure did not come to pass. The prosecution was ordered to disclose evidence by June 18, but that date came and went with no disclosure and no formal application for a deadline extension.
“The order of court was flagrantly disregarded,” the judge wrote.
He also took issue with how the police characterized evidence against Mr. Lehrer. Assistant Police Commissioner Joeffrey James had told the court he had gathered “direct eye witness evidence … and scientific evidence.”
In reviewing disclosed evidence, the judge found two witnesses. One said they had seen one of the co-accused on a road shortly before hearing five gunshots and a female screaming. Another witness said they were walking on a road when they heard four gunshots, after which a white man approached him with raised hands and told him to turn around.
The judge acknowledged that there had been delays in obtaining DNA, ballistic and other forensic evidence because Dominica lacks forensics capacity and relies on offshore labs for analysis. Still, he indicated he was unimpressed with the evidence he had seen so far.
“The disclosed evidence does not reach the legal threshold of eyewitness evidence,” he wrote in his decision. “Neither does the scientific evidence report the police possess affirmatively tie [Mr. Lehrer] to the offence.”
Based on those combined shortcomings, the swiftness of the trial is clearly in doubt, he added.
“Given the conduct of the Defendants, the failure to meet deadlines and related factors, it is difficult to conclude when the trial is likely to take place,” he wrote.
He ruled that Mr. Lehrer could be granted bail for medical travel as long as he meets a series of strict conditions. They include revoking his U.S. passport and consenting to carrying a tracking device. A surety will have to forfeit roughly $500,000 to the court should Mr. Lehrer violate conditions.
Nicolia Wiles, president of a public relations firm representing Mr. Lehrer, said the decision is frustrating.
“If one reads this document without agenda, it reads as a direct allegation against the state, the prosecution office and lead investigator ACP James who has completely mishandled the entire investigation,” said Mr. Wiles in an e-mail to The Globe and Mail.
The prosecution could not be reached for comment.
Local lawyer Joshua Francis has been following the case and said many in the country opposed the bail and see it as a vital test of the country’s justice system. Mr. Lehrer worked with the Dominican government to sell citizenship to foreigners, a program called Citizenship By Investment that accounts for a third of the country’s GDP, according to the International Monetary Fund. Because of that connection to island power-brokers, many locals feel the government may seek to influence the case in Mr. Lehrer’s favour.
“Citizens are concerned about executive interference in the matter,” said Mr. Francis, former deputy leader of the United Workers’ Party. “The world is looking at how our justice system operates. From where I sit, I have seen no evidence of executive interference.”
As for the judge’s comments on the prosecution’s case, Mr. Francis said it’s far too early to predict the outcome.
“This is just a preliminary phase,” Mr. Francis said. “The prosecution hasn’t shown its full hand, only part of its hand.”