No damages for wrongfully convicted Montreal man
Last Updated: Monday, July 20, 2009 | 5:54 PM ET
CBC News
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A Montreal man who served more than three years in prison for a crime he didn't commit lost his lawsuit Monday for damages against the provincial and federal governments.
Michel Dumont was convicted almost 20 years ago of sexually assaulting a woman in Boisbriand, Que., who later said he wasn't the attacker.
Dumont claimed more than $2.5 million in damages from Quebec and the Canadian government for the way his case was handled.
At the time of trial, the woman clearly identified Dumont in a photo lineup and again in court. Dumont was sentenced to more than four years in prison.
Months later, the victim went to her local video store and saw a man she said looked exactly like the person who assaulted her. Police investigated and confirmed the woman had changed her mind about Dumont being her attacker.
Prosecutors told Dumont's lawyer about the woman's new version, but for some unknown reason his lawyer — who is now dead — didn't bring it up during Dumont's appeal, which he lost.
Acquitted 8 years ago
Eight years ago, the case ended up back in Appeal Court with the new evidence and Dumont was acquitted.
Dumont then sued, claiming wrongdoing by prosecutors and claiming he was abused while in prison.
A judge ruled Monday that Dumont was wrong on all counts. The judge said the prosecutors acted in good faith, not only before the trial but also later, by telling the defence about the woman's change of heart.
The judge said it's not the prosecutors' fault that Dumont's lawyer didn't use the new information at his original appeal.
The judge also ruled that Dumont did not prove his claims of abuse while in jail.
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