Mike Duffy trial: Day 63
Justice Charles Vaillancourt delivers ruling in the Mike Duffy trial. The P.E.I. Senator faces 31 criminal charges for fraud, breach of trust and bribery.
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Judge turns to the issue of primary residence. A considerable amount of time was spent on determining whether he was eligible to sit in the Red Chamber. Vaillancourt says Crown argued that 10 Friendly Lane in Cavendish was only deemed by Duffy as his primary residence after his appointment, to claim per diems and living expenses. He argued that his appointment was constitutionally invalid, he argued that he was rather the senator from Kanata, Ont. Vaillancourt says we've heard a lot about the property in Cavendish, and Holmes has tried to make the point that Duffy routinely referred to it as his 'cottage,' as proof it was not actually his primary residence. -
Vaillancourt says that Holmes takes the position that contrary to Duffy's testimony, his claim of being a PEI resident is invalid. Holmes says that Duffy himself was doubtful about his status, sought legal advice through senate internal economy committee, and Conservative leader Marjorie LeBreton. The so called 'McCreary memo.' Duffy says that David Tkachuk told him to claim expenses, per diems so that he would be like any other senator from Atlantic Canada. Judge says that it's hard to refute Duffy's testimony because the court never heard from Tkachuk. Judge says he does not agree with Crown's characterization that he misrepresented the status of his home in Cavendish.
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Vaillancourt re-reads primary residence declaration form, which instructs a senator to list address of 'residence in the province you represent.' Duffy put Cavendish cottage address. Vaillancourt says that Bayne argued that there is no corruption here, claim was made openly to senate administrstion from the beginning. Bayne then explored Duffy's extensive connections to PEI, and he introduced evidence that Duffy consulted with the PM, senate leadership over his eligibility. Bayne said that PM told Duffy to 'speed up his retirement,' and make the move to PEI to sit as a senator from that province. Vaillancourt recounts Duffy's initial opposition to being appointed from the province because local political figures would be angry, but Harper told him to 'get over it.'
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Follow LIVE: No "sinister motive" to Mike #Duffy pre-signing travel expense claims: judge cbc.ca/1.3545326 http://pbs.twimg.com/media/Cgkr7WpWMAArkI0.jpg
by CBC Politics via twitter 4/21/2016 2:33:13 PM -
Judge says @stephenharper advised #Duffy PEI is now your primary residence. Justice "this was NOT a minor bureaucratic official #cdnpoliby Hannah Thibedeau via twitter 4/21/2016 2:34:28 PM
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Vaillancourt says that Bayne argued that Harper was not a minor, bureaucratic figure. He was the PM. He was to be believed if he told you something. His appointment would transform him from an ordinary citizen of Ontario to a resident of PEI. Bayne said that senate officials never explicitly explained what exactly a primary residence is. Vaillancourt recounts Duffy's testimony that there were no further education or training sessions for new senators to adequately learn administrative rules.
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Vaillancourt says that Duffy followed the senate adminstration rules with respect to primary residence. He submitted this information openly and honestly to finance officials. Duffy openly stated that his home for the past number of years had been in Kanata, and he spent the summers in Cavendish. He never hid this fact from anyone, it was well known.
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Vaillancourt says there has been consistent assertions by Duffy of no wrong doing, in his emails to Nigel Wright, etc. The rules have been followed all within the rules. Judge says there was extensive evidence about preparing the primary residence declaration, Duffy had a clerk sit with him as filled it out. Bayne argued that from the out start he sought advice to ensure that all his declarations were within the rules.
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Vaillancourt reads out constitutional qualifications to sit as a senator; it comes down to owning property in the province worth more than $4,000. Judge says that that residence is 10 Friendly Lane in Cavendish. Judge says senate rules do not lay out any criteria for determining a primary residence. There is no definition. There is a provincial residence definition, but that is just the property in province senator represents.
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Judge says that Duffy is compliant with all the senate rules, there was no misrepresentation on Duffy's behalf. The only evidence is exculpatory, judge says. Mark Audcent, senate law clerk, stressed importance of residence in the province a senate represents. But he said there was no minimum number of days a senator had to spent in the province. Just 'some days.' A provincial residence upon appointment becomes the most constitutionally important, Audcent told the court. Judge says that there were no minimums for spending time in the province, no percentages, nothing of the sort in the senate rules.
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Next trip to BC. He was to attend the Saanich Fair alongside Minister Gary Lunn. He was cancelled at the last minute. Holmes said Duffy should have flied to Victoria directly, and that he was skeptical of Duffy's claim that the event was cancelled. Duffy said its common for things to be canceled, Holmes didn't believe him because he had only been a senator for 8 months. Judge says this is nonsense, he would have know how political events work because he covered them for so long.
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Crown has said this trip was purely a private matter, and he was never supposed to attend the Saanich Fair. Duffy said he made the trip in good faith, and within the SARS. Judge says appearance qualified as personal and partisan and parliamentary activity. He did not unilaterally cancel the event, nor did he have advance knowledge that it would be cancelled (he was notified by a voice mail left on his Vancouver hotel room phone).
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Judge says he believes Duffy was recruited to attend the fair; he does not ascribe criminal intent to flying into Vancouver. The fact that he saw his daughter's play while in town is incidental. He accepts Duffy's testimony with respect to this trip. Judge says he accepts why Duffy stayed instead of flying home, because of the costs of changing flights can be costly. Judge says trip was within the SARS. He dismisses charges 7, 8.
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Judge has now cleared Mike #Duffy on first 8 of 31 charges. Ruling continues - follow: cbc.ca/1.3545326 #hw http://pbs.twimg.com/media/CglDQkmU4AEJLAQ.jpg
by CBC Politics via twitter 4/21/2016 4:15:07 PM -
Next up, the Peterborough puppy trip. Crown has argued Duffy traveled there to buy a dog. Duffy denied that, saying he went to meet with Christian broadcasters to discuss changes to radio programming made by the CRTC. He met up with Dean Del Mastro, local MP, while in town. Crown says it was a window shopping trip to look at dogs at the big Peterborough dog show (terry blue terriers, of which the Duffy's are a fan). Duffy says that was only a coincidence. He was trying to do Del Mastro a favour by making a trip to his town, so that he would in turn help him get arts funding for PEI.
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Duffy said he wasn't aware of the dog show, just wanted to help out a fellow parliamentarian. They also discussed creating a nightly web talk show where the two of them would discuss issues of the day, what the government was doing to solved problems. It would be a communications tool to shed light on the Harper government. So they talked about public business, not just puppies.
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Judge says that there were no false invoices; Duffy's testimony was corroborated by Donohue. Judge accepts Duffy's claim that Donohue knew how to set up an office, knew HR, could act as a sounding board. Judge points out that Donohue was paid far less for his service than other 'Sparks Street' firms that do government relations (lobbying), PR, etc.
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There was no attempt to opt out of senate oversight, judge says of Duffy. The speech writing, corporate consulting (from various people on PEI issues) was eligible for senate funds. Mark Bourrie's anti-trolling efforts, MQO Research (Duffy was hoodwinked into getting a public polling subscription program), Diane Scharf (cell phone for his assistant) were legitimate senate expenses, judge says.
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When Senate refused to pay for Scharf's cell phone because Duffy had reached his office budget maximum, he relied on Donohue to pay the bill (Donohue was sitting on some office funds that Duffy had earlier sent his way, had not yet been used). Judge says there was no new net cost to the senate because money had been already allocated by Duffy under corporate services contract.
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Was Duffy really told to do as he was told or face the consequences? The answer to all these questions is yes yes yes. It's mind boggling, the judge says. The precision of the PMO would make any military commander proud. The plotting as documented in the emails in a democratic society is unacceptable.
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Judge turns to the counts themselves. Bayne argued that Duffy did not accept - or agree to accept - the scenario for repayment, he was coerced in going along with Nigel Wright's plan. He capitulated, increasingly threatened by members of the PMO, other Conservstivr MPs. He capitulated to a Chinese water torture as perpetuated by the PMO, Bayne argue (and judge seems to agree).
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