Acquittal of Ali Nestor: The complainant claims to be the victim of a system that favors the accused

Acquittal of Ali Nestor: The plaintiff claims to be the victim of a system that promotes charged

DAY

It was because she was “exhausted” with defense requests giving her the impression of being herself in the dock that the alleged victim of Ali Nestor dropped her complaint for sexual assault leading to the acquittal of the former special adviser of Denis Coderre's team. 

“ They exhausted me with their demands,” reacted the victim in a written statement to the Journal. “I have the impression that it was my trial, not the trial of the accused”. 

Facing charges of sexual assault and assault, Ali Nestor appeared at the Joliette courthouse on Monday morning for further proceedings. Although a motion by the defense aimed at a request for communication of the complainant's personal files was to be heard, it was rather the stay of proceedings that was requested by the attorney for the Director of Criminal and Penal Prosecutions, Me Marie- Eve Sasseville.  

“The plaintiff no longer wanted to invest,” said Me Sasseville to judge Claude Lachapelle. Since the DPCP had no more evidence to offer, Ali Nestor was acquitted of the charges and was able to leave the courtroom as a free man.  

Exaggerated Defense

The defense wanted access to various very personal documents of the complainant under section 278.3 of the Criminal Code. Such a request is intended to obtain information that is not contained in the disclosure of evidence such as the medical file, details of the physical or psychological health of the complainant. 

“There is an exaggeration in the means of defense of the defendants discourages the victim who cannot be identified. Even if this process cannot be a game of fishing and the judge must first hear the parties in camera to decide whether or not to disclose his information to the defence, the process was too heavy for the victim to bear. .   

“I couldn't get through the hearings and all the rehashing of my past,” she wrote to the Journal. However, she still maintains her version of the facts.  

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Perfect victim

The rather rare procedure brought by the defense had required the complainant to find an independent lawyer to represent her interests. In court, the victim's lawyer, Me Marie-Ève ​​Berardino, argues that the victim was not “perfect enough to go through the system”. 

This was intended as a tip for the justice system by referring to the hard-hitting documentary The Perfect Victim.  

For its part, the DPCP could not pursue the proceedings against the man of 48 years without the complainant's crucial testimony. “We don't want to force the victim to do something she doesn't want to do,” explained DPCP spokesperson Audrey Roy-Cloutier to justify the Crown's decision to drop the charges. 

The events alleged against Ali Nestor would have taken place between January 2018 and December 2020 according to the indictment which had been filed against him in June 2021. A month earlier, Denis Coderre's team believed to have does a good job by recruiting the owner of a martial arts academy located in the Saint-Michel district to become special advisor in public security for Ensemble Montreal.  

Contacted by the Journal, Ali Nestor declined to comment following his acquittal.