Facts
The decision concerns a criminal trial in which several individuals were accused of various crimes. The court of first instance rendered a judgment after a lengthy and complex procedure. The defendants appealed, arguing in particular an incomplete hearing and the absence of a complete written record. The appellate court annulled the first-instance judgment and remanded the case for a new procedure, considering that the procedural irregularities were serious and could not be remedied on appeal.
The Federal Court was seized of an appeal against this decision. The parties debated the question of whether the procedural irregularities found were sufficiently serious to justify the annulment of the judgment and the remand of the case.
Considerations
On the Issue of the Incomplete Hearing
The Federal Court considered that the hearing of the defendants was not incomplete, as they had the opportunity to express themselves freely during the procedure. The appellate court could, if necessary, have repeated the hearings on appeal to remedy any gaps.
On the Issue of the Record
The Federal Court estimated that the record of the first-instance procedure, although not in conformity with…