Micah Roy, who had been detained since the violent death of her baby boy of 3 months in January 2015, has been unable to recover his freedom, on Tuesday afternoon, pending the holding of his new trial.
The justice Yves Tardif of the superior Court, gave Roy a series of conditions, including not to have contact with children under 16 years of age and abide by a curfew from 22 h to 7 h.
Read also: Back to square one for Micah Roy
The judge has also ordered to find a job quickly. If need be, Roy will have to go to offer his services ” in any of the restaurants in Sherbrooke “, even to washing the dishes, he ordered the judge.
Roy has been sentenced, in march 2017, to 12 years in prison for manslaughter on her baby. The latter has been admitted to hospital in January 2015, where he remained until his death six months later.
The accused, 38-year-old has, however, obtained the right to a new trial with the Court of appeal of Quebec, following the submission of new medical evidence based on the expertise of a neurologist in ontario.
The lawyer for Roy, Me Félix-Antoine Doyon, reminded the judge Late that this new evidence could lead to “a new perspective” as to the circumstances leading to the death of the child.
In addition, according to Me Doyon, the new trial would allow it to “make the debate” on scientific criteria and medical that must surround a trial in the case of a dead baby is shaken, as is the case in other jurisdictions around the world.
The defense attorney used the hearing to denounce the scales of the legal Aid which can not currently compensate at fair value, the experts called to testify, as well as the amount of work that requires a lawyer in a case like the one of Micah Roy.
He indicated that he had personally donated over 250 hours to this cause and that the expert called at the trial agreed to deliver his expertise ” pro bono “, that is to say, for the public good.
“The law does not allow Mr. Roy to have access to experts so that I assume his defence, said ms. Doyon. I refuse to deal with this issue on that basis “, he protested.
After hearing the arguments of both lawyers, the judge Tardif has asked the guards to bring the accused, hands and feet shackled, in the box of the accused.
The judge asked him what he would do if he was released, what Micah Roy responded that he had the intention of returning to live with his mother and to find ” a job respectable “, while attending to his folder.
“Currently, it is difficult to take care of my folder being inside,” said Roy to the judge before the lunch break.
At the resumption, the judge Tardif has once again brought the accused before him to explain the terms “severe” from his release. He then asked if he had any chance of finding work quickly once out of prison. What Roy has told him that he had obtained the commitment of a former employer to offer him work in the field of construction.
However, the magistrate is not satisfied of this ” commitment “.
“I’m going to find you a job, me. If you do not find employment in the construction, listen to what I say to you, this is not a joke. You are going to apply in all the restaurants. There are jobs in restaurants, it is round-arm. Even if you are not able to make hot dogs or burgers, you wash the dishes… You will need to apply in all of the restaurants as you’ll not be able to find a job. Is that clear? ” the judge asked Late.
“Yes, it is clear,” replied Roy.
No date has yet been decided for the holding of the new trial. The judge, however, ordered Roy to be present at each of the steps leading to the future trial.