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Despite brief articles published in the local press surrounding the criminal trail, the affair still appears since wanting to be hushed to the general public.
This is the summary of an incredible error in justice which was transformed into an abusive and malicious lawsuit against a Canadian citizen. In 2001, in Quebec City, this legal action passed practically unnoticed. It was handled by police officers, as well as a public prosecutor, both of whom were involved in the highly publicized Simon Marshall affair in 2005.
On one hand, the motives will be explained which led to a plot at the time of the police investigation involving future police officers, two acquaintances of the defendant, a botched investigation surrounding the management of witnesses, and defamation. The investigator ignored the many lies of the plaintiff in spite of an irrefutable piece of evidence, received one year later, a call to 911 recording the false victim Erika Harper who was noted as being calm and in a good mood only five minutes after leaving the residence of Rock Guimont. Is it possible that a girl claiming to be raped reacts like this? The answer is no. She declared on several occasions, during her testimony, to have run, cried, and panicked while she was going to the telephone booth not to report a rape but only to ask for a taxi.
The legal authorities neglected confronting the plaintiff with this recording which was ordered thereafter not to be published. The defendant was refused a polygraph (lie detector) test during the course of the investigation. In addition, it was observed that the defence counsel and the Crown were placed in a conflict of interest being close friends who invited each other to supper at their respective residences.
To top the injustice, even his lawyer did not want to confront the false victim with the 911 recording. In trial during the cross-examination, Rock Guimont insisted that she be confronted with this irrefutable proof but his lawyer got openly agitated and refused. He thus neglected his professional duty. This piece of evidence was the key of the lawsuit. By the same fact, it is obvious that he protected the Crown and the Quebec Police.
On the other hand, the existence of the close family ties between the defendant and the public prosecutor, at the time, was not mentioned. A long time conflict existed between the two families which would have worsened the personal vengeance against an innocent.
Since the foundation of our judicial system rests on the Canadian Charter of Rights and Freedoms, in this case, Article 11-D was not honoured by a fair trial at the Quebec Courthouse.
Following a charge filed on the night of November 17th, 2001, this aspiring police candidate without a legal background, was arrested on Friday November 23, 2001 at the Quebec National Police Academy. Consequently, he was treated like a criminal and dragged in front of the courts until the preliminary investigation was held in August 2003 and the trial with a judge and jury in February 2004.
Lastly, he was unjustifiably removed of any recourse for damages. The very serious harm caused regarding this Canadian citizen will follow him to his final days. The imbalanced struggle that wouldn´t let up of Rock Guimont asking for the respect of his fundamental rights will end when he is exonerated and criminal charges are filed against the false victim, the investigator, and the police officer.
In spite of the acquittal, following a count of hateful indictments, this person lost his former quality of life, his physical and mental integrity, his dignity, his reputation, friends, a job, and a career. He was engulfed with more than 100,000 $ in legal fees and expenses ruining him to leave his family in a very precarious financial position. Too tested by the fate of her grandson, the grandmother died prematurely a few days after the not-guilty verdict.
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