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Montpellier loses bid to have trial held outside Sudbury

BY KEITH LACEY [email protected] A Sudbury judge has denied a change of venue application and his decision finalizes that a former Sudbury financial adviser accused of bilking clients of $6 million will go on trial in Sudbury in May.
BY KEITH LACEY

A Sudbury judge has denied a change of venue application and his decision finalizes that a former Sudbury financial adviser accused of bilking clients of $6 million will go on trial in Sudbury in May.

Justice Robert Del Frate of the Ontario Superior Court of Justice ruled Tuesday Pierre Montpellier, 42, will go on trial as scheduled starting May 10 at the Sudbury courthouse.

In late January, defence lawyers Glenn Sandberg of Sudbury and Norm Williams of Hamilton argued Montpellier?s trial should be moved to another community.

They argued because of excessive publicity and the number of people alleged to have been directly or indirectly effected, Montpellier would not be able to receive a fair trial in Sudbury.

Del Frate ruled that while there has been extensive media coverage relating to Montpellier and the criminal charges he faces over the past five years, it has not been inflammatory or excessive and, in his opinion, did not jeopardize Montpellier?s right to a fair trial.

Del Frate ruled he didn?t find media coverage has been prejudicial and would not adversely affect Montpellier?s ?right to a full and fair hearing.?

While the members of the media present during Tuesday?s ruling were free to report all aspects of his ruling, the publication ban ordered at the beginning of the change of venue application hearing remains in effect, said Del Frate.

That means none of the arguments or key facts revealed at the hearing should be included in any media reports until Montpellier?s trial has been completed, said Del Frate.

The veteran judge also urged members of the media to use discretion and limit the amount of publicity about the Montpellier case over the next few weeks so it will be easier to select an impartial jury before the trial begins in less than three months.

The media coverage has been ?extensive and continuous? since reports first surfaced back in 1998 about missing money from clients represented by Montpellier, but none of the coverage ?hints at prejudice,? said Del Frate.

Having the trial moved to Toronto, as suggested by defence lawyers, would also mean another delay of up to one year before the trial could begin, and this also factored into his final decision, said Del Frate.

There are normally 150 members of the community asked to come forward when a jury is selected, but Del Frate suggested that pool should be increased to 400 to ensure an impartial jury is selected.

The Sudbury courthouse can?t accommodate this many people, so Del Frate asked to meet with Sandberg and defence counsel Diane Fuller to discuss details on how best to select a jury from this expanded pool of potential jurors.

Montpellier was charged in October of 2001 with 151 counts of theft over $5,000 and 151 counts of fraud over $5,000.

It?s alleged more than 100 clients invested more than $6 million with a promise by Montpellier they would receive a significant return on their money.

Montpellier left Sudbury and the doors of his investment firm closed for good in the fall of 1998 when Montpellier left for Europe, telling many clients he was heading overseas to attempt to recoup money he had invested on their behalf.

An extensive police investigation revealed Montpellier was living in a small town outside London and working for an employment agency when police arrested him in late October of 2001.

Montpellier waived his right to an extradition hearing and was arrested by Canadian police officers and brought back to Sudbury.

He?s remained in custody at the Sudbury District Jail since his arrest after twice being denied bail. He?s already spent 27 months in custody.

His trial is expected to last between three and four months.