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(PRESS RELEASE) — Statement by Mary M. Francis, attorney-at-Law and coordinator of the National Centre For Legal Aid And Human Rights Inc., May 7, 2019, on behalf of the mother of Mandy Louisy.
Dead man vindicated: On Friday, May 3, 2019, judgment was rendered against the State in favour of the mother of Mandy Louisy.
Mandy Louisy of Chassin, Babonneau was shot by police, about 12:30 a.m. on August 9, 2013 on the road in Babonneau, after being stopped by police. As a result of the shooting he died. Mandy was 32 years old, a strong healthy young man and a boat captain by occupation.
On January 31, 2014, a claim for unlawful death was filed against the attorney general, representing the State. Self-defence was alleged on behalf of the police who claimed being attacked with a knife by Mandy.
However, the judge in her judgment, dismissed their defence. On page 25, the Judge stated: “The knife just does not make sense in the sequence of events. I accept that there was a struggle but I do not accept that Mandy had any knife. When I consider this along with the other inconsistencies, I do not accept the evidence of the defendant as being totally credible.”
The judge further stated: “No evidence was led that this knife was ever examined or tested to ascertain that if it was Mandy’s in light of the evidence that such behavior did not accord with who Mandy was. I do not believe that Mandy had any knife.”
The judge concluded at page 29: “By way of conclusion I do not accept that P.C McVane shot Mandy in self defence and I therefore find that the shooting of Mandy was unlawful and an excessive use of force in the circumstances. I also find that P.C Vane and P.C Polius were negligent in their handling of Mandy from their first contact with him. The claimant is therefore entitled to damages.”
Damages were awarded in the sum of $14,838.98 with interest at the rate of 6%.
For the family of Mandy Louisy, his loss will always be felt, however Mandy’s reputation though he is dead, killed by police, has been restored as being a peaceful person during his short life.
This decision is particularly important in light of a 2014 inquest and verdict of lawful killing by the police. The family was represented and a request was made to re-open the Inquest on account of certain irregularity.
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