News (Media Awareness Project) - Canada: Sentenced To Prison, Quebec Judge Gets Bail |
Title: | Canada: Sentenced To Prison, Quebec Judge Gets Bail |
Published On: | 1999-02-27 |
Source: | Toronto Star (Canada) |
Fetched On: | 2008-09-06 12:25:34 |
SENTENCED TO PRISON, QUEBEC JUDGE GETS BAIL
Awaiting appeal in drug money laundering case
MONTREAL (CP) - Despite concerns about his personal safety behind bars,
Quebec Superior Court Justice Robert Flahiff drew a three-year prison term
yesterday for laundering $1.7 million in drug money.
But Flahiff, who showed little emotion as the sentence was read, won't go
to jail any time soon.
His lawyers immediately appealed and he was granted bail on condition he
keep the peace and surrender his passport to the RCMP. It could be nine to
12 months before the appeal is heard, said lawyer Claude Girouard.
Flahiff, 51, was found guilty last month of laundering the money between
1989 and 1991 when he was still a lawyer. The crown argued he made repeated
transactions for his client, convicted cocaine dealer Paul Larue. Thousands
of dollars in cash were converted into bank drafts and transferred to a
Swiss account.
The case is believed to be the first time a federally appointed judge has
been convicted of such a serious crime.
In his 32-page ruling, Quebec Court Judge Serge Boisvert acknowledged the
defence lawyers' requests for leniency but said Flahiff's conduct deserved
a stiff sentence.
Boisvert said Flahiff's public humiliation, his position in society and his
personal safety in a prison controlled by criminal gangs were not
significant enough factors to reduce the sentencing.
"You submit that imprisonment could be more difficult for you than for an
ordinary citizen, given that you are a Superior Court judge," said Boisvert.
"This argument cannot be considered. Even though it is raised for perhaps
the first time on the part of a judge."
Boisvert said Flahiff, who did not comment yesterday, abused his role as a
lawyer when he knowingly engaged in criminal activity.
"Your professional contacts gave you the opportunity to launder the drug
profits, without drawing the attention of authorities," said Boisvert. "As
an experienced criminal lawyer, you couldn't claim to have acted in
ignorance of the law."
Flahiff was charged with laundering $1.7 million in drug money. He was
convicted of laundering more than $1,000; conspiracy to launder the money;
and being in possession of more than $1,000 knowing it was drug money.
He was sentenced to three years in prison on each count and ordered to pay
three fines of $35, which his lawyers said he would pay right away. He was
acquitted on three other charges.
Flahiff, who was named to the bench in 1993, is still receiving his annual
salary of $175,800 despite his suspension two years ago.
It takes a joint sitting of the Commons and the Senate to fire a federal
judge, something that has never happened. The Canadian Judicial Council
will begin hearing preliminary motions in an investigation of Flahiff's
case Monday.
Awaiting appeal in drug money laundering case
MONTREAL (CP) - Despite concerns about his personal safety behind bars,
Quebec Superior Court Justice Robert Flahiff drew a three-year prison term
yesterday for laundering $1.7 million in drug money.
But Flahiff, who showed little emotion as the sentence was read, won't go
to jail any time soon.
His lawyers immediately appealed and he was granted bail on condition he
keep the peace and surrender his passport to the RCMP. It could be nine to
12 months before the appeal is heard, said lawyer Claude Girouard.
Flahiff, 51, was found guilty last month of laundering the money between
1989 and 1991 when he was still a lawyer. The crown argued he made repeated
transactions for his client, convicted cocaine dealer Paul Larue. Thousands
of dollars in cash were converted into bank drafts and transferred to a
Swiss account.
The case is believed to be the first time a federally appointed judge has
been convicted of such a serious crime.
In his 32-page ruling, Quebec Court Judge Serge Boisvert acknowledged the
defence lawyers' requests for leniency but said Flahiff's conduct deserved
a stiff sentence.
Boisvert said Flahiff's public humiliation, his position in society and his
personal safety in a prison controlled by criminal gangs were not
significant enough factors to reduce the sentencing.
"You submit that imprisonment could be more difficult for you than for an
ordinary citizen, given that you are a Superior Court judge," said Boisvert.
"This argument cannot be considered. Even though it is raised for perhaps
the first time on the part of a judge."
Boisvert said Flahiff, who did not comment yesterday, abused his role as a
lawyer when he knowingly engaged in criminal activity.
"Your professional contacts gave you the opportunity to launder the drug
profits, without drawing the attention of authorities," said Boisvert. "As
an experienced criminal lawyer, you couldn't claim to have acted in
ignorance of the law."
Flahiff was charged with laundering $1.7 million in drug money. He was
convicted of laundering more than $1,000; conspiracy to launder the money;
and being in possession of more than $1,000 knowing it was drug money.
He was sentenced to three years in prison on each count and ordered to pay
three fines of $35, which his lawyers said he would pay right away. He was
acquitted on three other charges.
Flahiff, who was named to the bench in 1993, is still receiving his annual
salary of $175,800 despite his suspension two years ago.
It takes a joint sitting of the Commons and the Senate to fire a federal
judge, something that has never happened. The Canadian Judicial Council
will begin hearing preliminary motions in an investigation of Flahiff's
case Monday.
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