Peter Andrews obstruction of justice trial

No ruling today, by the way. Lawyers can still submit case law in writing, check Day 1 translation transcript. #NB

by Jacques Poitras via twitter 3/13/2014 6:23:54 PM

Hurley: "It's speculation that got is into this courtroom. I would hope the decision is not going to rest on speculation as well." #NB

by Jacques Poitras via twitter 3/13/2014 6:22:35 PM

Hurley rebuts: Crown's assertions are mostly speculation. Why not call Olscamp, others in that meeting, as witnesses to prove it? #NB

by Jacques Poitras via twitter 3/13/2014 6:20:25 PM

Crown wraps. #NB

by Jacques Poitras via twitter 3/13/2014 6:18:44 PM

Judge: what would Andrews motive be in helping Robichaud? Crown: we don't have to prove motive. #NB

by Jacques Poitras via twitter 3/13/2014 6:18:35 PM

Crown: why so important in this partic. case that charges should not be laid & brand new approach tried, if not that it was Robichaud. #NB

by Jacques Poitras via twitter 3/13/2014 6:15:50 PM

Judge now questions Andrews' logic that fines weren't high enough to deter, noting dept can increase fines, seek maximum. #NB

by Jacques Poitras via twitter 3/13/2014 6:13:32 PM

Crown says illogical that pulling licence made sense. Would close Robichaud operation -- not exactly stated goal of helping development. #NB

by Jacques Poitras via twitter 3/13/2014 6:12:20 PM

Judge asks if Crown is attacking credibility of Andrews. "In a way, yes I am." Says Andrews' story doesn't add up. #NB

by Jacques Poitras via twitter 3/13/2014 6:10:56 PM

Given Andrews re-checked decision with DM morning of Nov. 23, "isn't it more likely" decision made by Olscamp-Robichaud night before? #NB

by Jacques Poitras via twitter 3/13/2014 6:09:41 PM

Crown asks rhetorically if identity of Donat Robichaud's brother played a role in decision. #NB

by Jacques Poitras via twitter 3/13/2014 6:08:00 PM

Crown: we have to ask: was decision really taken at that Nov 22 morning meeting? "What really happened" at that meeting? #NB

by Jacques Poitras via twitter 3/13/2014 6:06:59 PM

Crown says due to 6-month limit on charges, decision to try pulling licence amounts to no charge being laid. #NB

by Jacques Poitras via twitter 3/13/2014 6:05:41 PM

Crown: dept's own enforcement policy allows charges "without warning" if dept warnings ignored, if public danger. #NB

by Jacques Poitras via twitter 3/13/2014 6:03:43 PM

Once file ready, it's up to Crown to decide on charges, not senior bureaucrats. #NB

by Jacques Poitras via twitter 3/13/2014 6:00:54 PM

Crown: it's undisputed that Donat Robichaud "mostly non-compliant" and that dept tried repeatedly & in vain to get him to comply. #NB

by Jacques Poitras via twitter 3/13/2014 5:55:25 PM

Dept had "tried everything" and had threatened Robichaud repeatedly. He had no reason to believe yet more threats (on pulling licence). #NB

by Jacques Poitras via twitter 3/13/2014 5:54:05 PM

Crown: we don't dispute that Andrews took direction from Deputy Minister Dupuis. But Andrews took part in & agreed with decision. #NB

by Jacques Poitras via twitter 3/13/2014 5:50:34 PM

Crown: Robichaud's equipment outside his lease area was "dangerous" to public and risked civil liability. #NB

by Jacques Poitras via twitter 3/13/2014 5:49:15 PM

In case like Donat Robichaud, who was "mostly non-compliant," there was "only one option" -- to charge him. #NB

by Jacques Poitras via twitter 3/13/2014 5:47:02 PM

Crown: we disagree that Germain was wrong to lay charge. "Mr. Germain was right" to see interference from higher-ups. #NB

by Jacques Poitras via twitter 3/13/2014 5:45:31 PM

Crown prosecutor Mona Briere will now make her closing argument. #NB

by Jacques Poitras via twitter 3/13/2014 5:34:42 PM

Hurley: "courtesy" notification of Robichaud by Olscamp was so that Robichaud would not be "taken off guard." #NB

by Jacques Poitras via twitter 3/13/2014 4:47:17 PM

Hurley: DM told Andrews Olscamp might want to tell Paul Robichaud "as a courtesy" that his brother to be charged. #NB

by Jacques Poitras via twitter 3/13/2014 4:46:20 PM

Defence lawyer Hurley: Andrews "was directed by his superior ... as part of his duties" to hold off on charges til Olscamp briefed. #NB

by Jacques Poitras via twitter 3/13/2014 4:45:11 PM

Judge Dickson asking Hurley questions during his closing about exact nature of Donat Robichaud violations. #NB

by Jacques Poitras via twitter 3/13/2014 4:40:55 PM

Hurley: evidence shows dept studied system of fines without trial. Shows dept's preference for avoiding court. #NB

by Jacques Poitras via twitter 3/13/2014 4:34:24 PM

Hurley: "I submit Mr Germain was wrong" to lay charge despite directive from head of enforcement Sabine. #NB

by Jacques Poitras via twitter 3/13/2014 4:28:08 PM

Defence lawyer Hurley: 2011 same as 2008, when charges didn't proceed. Only difference: in 2011 officer laid charge regardless. #NB

by Jacques Poitras via twitter 3/13/2014 4:27:05 PM

Hurley: Donat Robichaud was in and out of compliance for years, but was in compliance at some times. #NB

by Jacques Poitras via twitter 3/13/2014 4:24:29 PM

Hurley: Andrews received direction and instructions from his deputy minister, and understood dept wanted to work with producers. #NB

by Jacques Poitras via twitter 3/13/2014 4:21:59 PM

Defence: clear from policy document that dept sought to work with producers, with court charges "a last resort." No one disputed this. #NB

by Jacques Poitras via twitter 3/13/2014 4:19:59 PM

Defence lawyer Hurley: evidence establishes dept. has a lot of input in all enforcement and compliance matters. #NB

by Jacques Poitras via twitter 3/13/2014 4:18:19 PM

Waiting in court for Judge Dickson and final arguments in Peter Andrews trial. #NB

by Jacques Poitras via twitter 3/13/2014 4:14:49 PM

Was it brought up that court case would hit media, embarrass government, while pulling licence wouldn't be public? Andrews: no. #NB

by Jacques Poitras via twitter 3/12/2014 7:46:07 PM

Didn't think it was given him one too many chances? Andrews: it was looking at another option. Court takes time; fine not a deterrent. #NB

by Jacques Poitras via twitter 3/12/2014 7:43:59 PM

Was decision in 2011 because it was Paul Robichaud's brother? Andrews: No. #NB

by Jacques Poitras via twitter 3/12/2014 7:42:33 PM

But that tactic had never been tried before? Andrews: correct. #NB

by Jacques Poitras via twitter 3/12/2014 7:37:57 PM

Crown: you say you want to help producers develop, but how would pulling Robichaud's licence do that? Andrews: as deterrent. #NB

by Jacques Poitras via twitter 3/12/2014 7:37:25 PM

In fact, Andrews doesn't recall another occasion where that discussion would happen in presence of minister. #NB

by Jacques Poitras via twitter 3/12/2014 7:35:51 PM

Was charge being discussed at Nov 22 meeting in Olscamp's presence a "very rare" occasion? Andrews: Yes. #NB

by Jacques Poitras via twitter 3/12/2014 7:35:03 PM

Crown zooms in on Andrews directive to hold off on charges pending briefing to deputy minister. Doesn't know if minister would be told. #NB

by Jacques Poitras via twitter 3/12/2014 7:33:51 PM

Andrews testifies about modifying ministerial briefing note and asking Sabine to make additions. #NB

by Jacques Poitras via twitter 3/12/2014 5:07:25 PM

Trial resumes with Peter Andrews continuing his testimony. #NB

by Jacques Poitras via twitter 3/12/2014 5:05:29 PM

Trial breaks for lunch. #NB

by Jacques Poitras via twitter 3/12/2014 3:09:11 PM

Andrews: after Dec. 12, "there was no more discussion of it." #NB

by Jacques Poitras via twitter 3/12/2014 3:07:38 PM

Later discussed it with DM Dupuis in person. "We said we'd just leave it," Andrews says, referring to court case going ahead. #NB

by Jacques Poitras via twitter 3/12/2014 3:04:11 PM

Andrews e-mail to DM Dupuis told him charges had been laid and could not be withdrawn. #NB

by Jacques Poitras via twitter 3/12/2014 3:03:07 PM

Dec. 12 2011 e-mail from Andrews to DM Dupuis entered into evidence. #NB

by Jacques Poitras via twitter 3/12/2014 3:01:33 PM

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Peter Andrews obstruction of justice trial

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