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from www.montreal.ctv.ca – A former Quebec actor charged with possession of child pornography may be set free due to a clerical error.
Jean-Francois Harrisson’s acting career ended two years ago when child porn charges were laid against after illegal material was allegedly found on his computer.
His case took a bizarre turn last year when he fired his lawyer and chose to defend himself, taking a page from the local chapter of a conspiracy group that believes the law doesn’t apply to them.
That paved the way for a long case where the prosecution’s job would be tougher.
“An accused without representation, we must take a lot more time to make sure he understands everything,” said Crown prosecutor John-Denis Gerols. “It’s not just the job of the judge; it’s also the job of the prosecutor.”
Harrisson was arrested in January because he failed to show-up in court for his trial. He had his bail revoked and was charged with breaking his conditions.
But on Monday, the justice system handed an improbable gift to the 35-year-old Harrisson.
A typical indictment has the name of the accused, it lists the charges, and it’s signed by a justice of the peace and a police investigator. Dozens are issued every day and it is the most standard of procedures.
Except Monday morning, Justice Jean-Paul Braun noticed someone failed to check a box next to the signatures.
The judge told the prosecution that the document was flawed, and therefore he had no case.
Harrisson was so jubilant he immediately asked to be released, except it’s not that simple because he faces multiple charges.
The Prosecutor was dumbfounded.
Gerols told the judge he will challenge the move and even re-arrest and re-charge Harrisson should he try to get bail again.
“We will attempt to make the process as quick as possible, and also just,” Gerols said.
For now Harrisson remains behind bars, and the prosecution is hoping it stays that way.