The 22-year-old man was accused of serious assault in the context of domestic violence in February 2023, in Saint-Foy. The complainant was found on the ground, seriously injured. She then said she had been pushed during an argument.
“I met the complainant, Madam made another statement which corrects the facts in this case. This new declaration is confirmed by certain police expertise,” said Me Caroline Munger, Friday at the Quebec courthouse.
The presence of a Spanish interpreter was necessary for the hearing to take place on Friday.
“The public prosecutor is no longer able to provide proof beyond a reasonable doubt of the offenses with which the gentleman is accused,” added Me Munger.
Judge Sarah-Julie Chicoine had no choice but to acquit Santiago de Garcia of the charge of aggravated assault.
The same complainant in the case had also filed a complaint for assaults that occurred last November. Me Munger informed the court that she no longer intended to testify against her ex. The prosecutor therefore requested that the charges be withdrawn.
“I cannot force Madam to come and testify. I confirmed with her, there is no fear or pressure not to come and testify in court,” said the prosecutor.
The young woman still has the after-effects of her fall, which occurred in February 2023. The snow absorbed the impact, but not completely. However, his life was out of danger.
Other accusations
The 22-year-old man faces other domestic charges against another complainant. He appeared for the first time in April 2022 for this case, for armed assault, mischief and harassment.
These charges have not been dropped and the complainant still plans to come and testify in court. The legal process continues.
