Red tape between provinces delays sentencing in Montreal sex-assault case

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Quebec Information Native Information Crime

“We’ll attempt to discover a answer, however we do not know what the answer is.”

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Paul Cherry  •  Montreal Gazette

Printed Jun 15, 2023  •  Final up to date 1 hour in the past  •  3 minute learn

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A prosecutor on the Montreal courthouse expressed frustration Thursday after a detention centre in Manitoba failed once more to hold out her request to have a detainee transferred to Montreal so he may be sentenced for a sexual assault he was convicted of final yr.

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“I’ve an order from you. I even have an order from Superior Court docket, however he’s not right here (Thursday) morning,” prosecutor Anna Levin instructed Quebec Court docket Decide Salvatore Mascia whereas attempting to elucidate why Haroun Cheikh Sidiya, 32, was not current once more for a sentence listening to after being discovered responsible on Sept. 16.

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An try to carry a sentence listening to earlier this yr by way of a videoconference, connecting the Montreal courthouse with the Brandon Correctional Centre in Brandon, Man., was an entire failure.

Levin had François Lorange, the pinnacle of jail guards on the Montreal courthouse, seem earlier than Mascia Thursday afternoon and his makes an attempt at a proof didn’t resolve the state of affairs.

“Sadly, we don’t have jurisdiction over transfers outdoors of Quebec,” Lorange stated. “We’ve got an settlement with a specific jail in Ontario the place we are able to choose somebody up there. However he’s in Manitoba.”

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Lorange stated the director of the jail in Brandon must organize to have Sidiya transferred to Ontario so guards in Quebec can choose him up there and produce him to Montreal.

“There is no such thing as a mandate to incarcerate him in Ontario, that’s the different drawback,” Lorange stated.

Between Sept. 16 and Thursday, Sidiya’s case was on the roll on the Montreal courthouse on eight totally different days and nothing of substance was completed on any of these dates as a result of he wasn’t current in courtroom.

Levin identified that whereas Sidiya isn’t truly detained in his case in Montreal, he’s detained in a case in Manitoba, the place he’s charged with sexually assaulting a minor. So as to add to the confusion, Sidiya isn’t represented by a lawyer in Montreal, so no lawyer is appearing in his pursuits to have him returned to Montreal to shut his case.

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“We’ll attempt to discover a answer, however we don’t know what the answer is,” Mascia stated, including later that he was keen to name the detention centre in Manitoba himself “as a result of perhaps after they hear it’s a decide calling …”

The decide additionally famous that he was in the identical state of affairs with an individual detained in Nova Scotia and was in a position to proceed with a listening to by way of a videoconference.

“I don’t know why it could work in Nova Scotia nevertheless it doesn’t work in Manitoba,” Mascia stated.

“I can’t show you how to with that,” Lorange stated.

Round 4 a.m. on Sept. 13, 2018, Sidiya crossed paths with two girls close to a residence for Université du Québec à Montréal college students on St-Urbain St. He observed that one of many girls was charging her telephone and he pretended to be a UQAM scholar whereas providing to allow them to use his condo contained in the residence so she may cost it indoors.

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Whereas they have been within the corridors of the residence, Sidiya tried to pressure one girls, who was inebriated on the time, to carry out fellatio on him. He tried to pressure the girl to her knees a number of instances earlier than she knelt down out of concern. Sidiya took out his penis and tried to pressure it into the girl’s mouth. She refused and obtained up at one level to hitch her buddy at one other location within the constructing. The ladies hid in a toilet and known as the police.

Sidiya is at the moment charged on the Montreal courthouse with stealing a motorized vehicle on July 9, 2020. When he failed to indicate up for that case in November, a distinct decide issued a bench warrant for Sidiya’s arrest.

pcherry@postmedia.com

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