A Quebec criminal court case shut down Monday could have repercussions for future criminal cases across the country.

A judge has declared a stay of proceedings that resulted in the release of five men from prison Monday in the mistaken-identity killing of 25-year-old Raymond Ellis.

The decision at the Gouin Blvd. courthouse came after key witness Wilkerno Dragon was unwilling or unable to recall crucial details of what happened in a St. Denis St. nightclub where Ellis was killed.

Ellis was mistaken for a gang member when he was accosted at the Aria nightclub in October of 2005.

He was attacked by more than 15 men and was beaten and stabbed to death.

Last March, a jury convicted a sixth man of second-degree murder in Ellis' death.

Star witness

The five men went on trial in September. The case was proceeding smoothly until the Crown's key witness, who had implicated three of the five accused to police and at a preliminary hearing, suddenly refused to testify against the defendants.

The witness was apparently heard bragging in jail that he had received money from a gang to change his story, and the Crown sought to have him declared a hostile witness.

The Crown also asked the judge to give them a few weeks to incorporate the new information into their case.

However, the Crown and police sent an undercover officer into the Riviere des Praries jail where Dragon was serving a sentence for unrelated crimes.

The defence learned of the actions taken by the Crown and Police. The Crown, realizing it was in trouble, asked the Judge for a mistrial.

The defence disagreed, saying that the Crown had tried to tamper with a witness and asked for a stay of proceedings.

Judge Sophie Bourque instead took the rare step of declaring a stay of proceedings, which suspends the entire case indefinitely and results in the defendants being freed.

Lawyer

The case has potential reverberations across the Canadian criminal justice system because it signifies illegal actions taken by the Crown will not be overlooked.

Defence lawyer Joseph LaLeggia told reporters the judge made the right decision.

"I think every citizen would want to be treated the same way, to have the belief that if one day they are charged in court that the Crown prosecutor's not out to hang them, but is going to act according to a law," he said.

Former defendant speaks

Cleveland Alexander Scott, one of the men acquitted Monday, maintained his innocence outside the courtroom.

He says he and his former co-accused were victims, along with the Ellis family.

"My heart goes out to the victim's family," Scott told reporters.

"I don't think the justice system was that honest with us and with the victim's family."

The Crown had no comment on a possible appeal, saying only that they would review the case.

However, due to the legal significance of the case, it is likely an appeal will be launched.