Judge offers immunity in return for body
Last Updated: Tuesday, December 15, 2009 | 9:02 PM ET
CBC News
Marchath Marseilles, 20, will undergo a psychiatric evaluation before sentencing. (CBC)Quebec Superior Court Judge James Brunton is calling on the prosecution to offer partial immunity to a Montreal man convicted of second degree murder — in return for information about the whereabouts of the victim’s body.
On Sunday, Marchath Marseille, 20, was found guilty of second degree murder in connection with the death of David Mutunzi — despite the fact Mutunzi’s body was never found.
During a pre-sentencing hearing at the Montreal courthouse Tuesday, both Brunton and the victim’s mother, Liliane Kadimashi, pleaded with Marseille to reveal the location of the body.
"I am asking him to think — the damage is done, but he can help relieve some of the pain," Kadimashi said. "It would be a great relief for us to know where our son is — where we could gather one day to put flowers in memory of David."
The immunity would apply only to the new facts, and only should Marseille decide to appeal his conviction, Brunton said.
Marseille was silent during Tuesday’s hearing, as he had been throughout the entire trial.
The victim's mother, Liliane Kadimashi, pleaded with Marseilles to reveal the location of the body. (CBC)
Unusual case
The judge’s offer is unusual, said defense attorney Normand Boudrault.
"But it is also unusual to be facing the fact that we have a guilty verdict for a murder without a body," Boudrault said. "For murders in Montreal — we find the bodies."
The Crown said it will consider Brunton’s recommendation.
During the trial, three men described how they had witnessed the murder in a Montreal North apartment in Nov., 2007.
The witnesses said Marseille had threatened the 17-year-old with a gun, demanding money before shooting him.
Marseille has been ordered to undergo a psychiatric evaluation — the results are expected in mid-April.
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