OPP granted more time to analyze McGuinty office hard drives

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OPP detectives investigating the destruction of emails in the final days of Dalton McGuinty’s office have reported to a justice of the peace that their forensic examination of the 24 hard drives they seized in February is going well but they need more time.

On May 30, anti-rackets officers Det. André Duval, known as a top details man, checked in with a lead colleague in the force’s techno-crime unit. Const. Michel Boulay told Duval that the forensic analysis was “progressing well.” But the tech-crime officer advised Duval that “an extension would be required to complete a thorough examination of all the evidence.”

These details are revealed in newly released court documents filed to support a 90-day extension for police to keep the seized computers from the former premier’s office.

A justice of the peace granted the three-month extension on Thursday, shortly after Det. Duval made the application at 1:20 p.m.

It is the first public update on the tech-crime unit’s hunt for clues to see who, if anyone, ordered the deletion of emails in an alleged coverup to hide the true costs of cancelling natural gas-fuelled generating plants in Oakville and Mississauga at a cost to taxpayers of $1.1 billion.

Duval is the officer who seized the computers from a U. S-owned storage company in Mississauga, just west of Toronto, on Feb. 19 at 8 a.m.

The only suspect named so far in the case is McGuinty’s last chief of staff. David Livingston is accused of enlisting his deputy’s boyfriend, Peter Faist, to wipe hard drives clean by using a secretary’s super password that allowed full access to all computers in the former premier’s office without leaving a trace.

The police allegations against Livingston have not been proved in court and he has not been charged with any crime.

Anti-rackets detectives have interviewed several people, including McGuinty, 58. The former premier was co-operative, as were others, and is not a target in the probe at this time, according to police.

The only named suspect so far is Livingston. Police allege that Livingston committed breach of trust while in public office for giving a super password to Faist, an off-the-books computer tech and partner of Laura Miller. At the time — four days before Kathleen Wynne took office — Miller was Livingston’s deputy. She has since gone on to become executive director of the British Columbia Liberal Party.

In the weeks leading up to the alleged breach of trust, Livingston was asking around about how to delete records.

His lawyer says the suspect did everything by the book and did nothing wrong.

This Citizen reported this week that police served a court order at Queen’s Park for staff to hand over various records, including visitor logs for the times Faist is believed to have accessed computers in the former premier’s office.

Two staffers reported to police that they witnessed Faist access their computers, according to court filings.

After McGuinty left office, Faist went on to work for the Liberal caucus and later the Ontario Liberal Party. The Liberals announced that his computer services were no longer required a day after the Citizen reported on the police allegations.

Police believe that the super password, allegedly used to wipe hard drives clean, was created for that specific purpose, and, according to court filings, police say it was designed to access computers without leaving an electronic trace.

No one has been charged in the gas-plants investigation, launched after two Tory MPPs made a complaint to the OPP commissioner.

Thursday’s court order to force Queen’s Park staff to hand over visitor logs comes two months after a Liberal chair of the gas-plants scandal committee refused to produce the records following a Tory request.

Queen’s Park security staff have nine days to hand over the visitor logs to OPP detectives.

gdimmock@ottawacitizen

twitter.com/crimegarden

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