Guy Turcotte is shown in court in acourt artist sketch on November 14, 2013 in St. Jerome, Que. A former Quebec doctor charged with first-degree murder in the deaths of his two children will remain a free man pending his new trial. THE CANADIAN PRESS/Mike McLaughlin
Republished December 03, 2014 - 3:16 PM
Original Publication Date December 03, 2014 - 9:05 AM
MONTREAL - A former Quebec doctor charged with first-degree murder in the deaths of his two children will remain a free man pending his new trial.
The Quebec Court of Appeal ruled Wednesday that Guy Turcotte should not be incarcerated ahead of the trial, which is set to begin next September.
A jury found Turcotte not criminally responsible in 2011 in the stabbing deaths of five-year-old Olivier and three-year-old Anne-Sophie in 2009.
His freedom comes with various conditions, including having to stay with his uncle and not being allowed to get in touch with his ex-wife.
Quebec Superior Court Justice Andre Vincent granted Turcotte bail a few months ago, saying he does not represent a danger to society and is entitled to the presumption of innocence.
The Crown appealed that decision and argued Vincent erred when he said releasing Turcotte would not undermine the public's faith in the judicial system.
Crown attorneys presented the panel of three appeals court justices with media reports critical of the decision to grant Turcotte bail.
Lawyers argued the newspaper articles were "the real public opinion."
The appeals court rejected the Crown's premise, writing in its decision that using newspapers articles to justify an argument was a "dangerous" strategy.
"(That strategy) would give the whim of public opinion the role reserved for a judge," the appeals court said.
Pascal Boucher, a spokesman for the Crown attorney's office, said his office isn't dismissing an appeal of Wednesday's ruling with the Supreme Court.
Turcotte's lawyers didn't return calls from The Canadian Press.
News from © The Canadian Press, 2014