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Judge orders stay of proceedings in Frank Zampino trial

Frank Zampino, former chairman of the city of Montreal executive committee, testifies before the Charbonneau Commission in Montreal, Wednesday, April 24, 2013, as shown from the commission's video feed.
Frank Zampino, former chairman of the city of Montreal executive committee, testifies before the Charbonneau Commission in Montreal, Wednesday, April 24, 2013, as shown from the commission's video feed. THE CANADIAN PRESS/HO, Charbonneau Commission

Frank Zampino, Montreal’s former executive committee chairman, will not stand trial on charges including fraud and breach of trust after a judge declared a stay of proceedings.

In a decision Monday, Judge Joelle Roy of Quebec court found Zampino’s constitutional rights were violated during the police investigation, in particular through “intrusive, indeed abusive” electronic surveillance.

She declared invalid the wiretap warrant obtained by police, saying it was granted in contravention of the Charter of Rights and Freedoms.

READ MORE: UPAC arrests Frank Zampino and six others for fraud

The charges against the former right-hand man to Gerald Tremblay, who was mayor from 2001 to 2012, alleged that municipal contracts were awarded in exchange for political donations.

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Investigators with Quebec’s anti-corruption unit, known as UPAC, had listened in on Zampino’s conversations, including some he had with his lawyers.

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Roy ordered the destruction of the recordings of the conversations.

READ MORE: UPAC raids homes of former top City Hall members Robert Abdallah and Frank Zampino

Zampino’s lawyer, Isabel Schurman, hailed the decision for recognizing the “crucial importance” of solicitor-client privilege.

Crown prosecutor Julien Tardif acknowledged the ruling was “very harsh with regard to everyone involved in the file, which includes particularly the Crown but also the police and the judge (who authorized the warrant.)”

Zampino, who was chairman of the executive committee from 2002 to 2008, was acquitted last year in another fraud case involving a municipal land deal.

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