- 注册
- 2002-10-07
- 消息
- 402,445
- 荣誉分数
- 76
- 声望点数
- 0
PETERBOROUGH, Ont. — All the evidence presented in MP Dean Del Mastro’s election fraud trial backs up the story told by key witness Frank Hall, while Del Mastro’s story doesn’t match the facts, a prosecutor told a judge in Peterborough on Thursday.
“The evidence of guilt in this case is overwhelming,” Tom Lemon told Judge Lisa Cameron as the Crown presented its final arguments.
Del Mastro and Richard McCarthy, his official agent in the 2008 election, each face three charges of exceeding the $92,566.79 spending limit and filing a false return. Del Mastro is also charged with exceeding his donation limit, because it’s alleged he paid for the calls with a $21,000 personal cheque.
The Crown’s case rests on evidence from Hall, the CEO of Holinshed Research Group, a now defunct voter-contact firm that, it’s alleged, carried out the work for Del Mastro’s campaign.
On Tuesday, Del Mastro’s lawyer, Jeff Ayotte, repeatedly called Hall a liar, telling the judge that Hall went to Elections Canada because “had an ax to grind with Dean” because of a business dispute.
On Thursday, the prosecutor Lemon said that the volumes of evidence that have been presented all back up Hall’s story, and contradict Del Mastro’s version of events.
“All this evidence is consistent with the Hall narrative of events, as opposed to Del Mastro’s narrative,” he said.
Del Mastro’s defence relies on “fantastic” stories, “exaggerated or tortured interpretations” of evidence, Lemon said, and the legal case his lawyer made Tuesday doesn’t make sense.
“The defence submissions are based on misunderstanding of the law, misunderstanding of the evidence or mischaracterization of the evidence,” Lemon said.
On one legal point, the judge appeared to agree with Lemon. On Tuesday, Ayotte argued that the Crown had failed to prove that Del Mastro’s campaign made use of any data gathered by Holinshed.
Since the act specifies that expenses must directly promote a candidate, Ayotte argued, the Crown had to show that Del Mastro’s campaign used the data.
The judge seemed to agree with Lemon, though, that that’s not necessary.
The prosecutor spent most of the morning methodically countering the defence’s description of the evidence, pointing out instances where documents appeared to back up Hall’s story and contradict Del Mastro’s.
The defence has said that campaign manager Richard McNutt was not authorized to hire Holinshed, but the prosecutor pointed out that McCarthy’s signature appears on the quote giving the go-ahead for the work.
Del Mastro and McCarthy “took steps to conceal the expense from the campaign budget” because they had spent too much money, he said.
After the election, the prosecutor said, Del Mastro “strung Frank Hall along” until he refused to pay for an unrelated software project in an effort to recover $9,000 of personal expenses.
The prosecutor went through a detailed timeline with the judge, asserting that many documents support Hall’s story, while, he said, Del Mastro’s narrative contradicts those documents. The minutes of the Peterborough riding association, for instance, show that McNutt had spending authority and that the campaign overspent in the early stages. The defence has argued that the minutes are inaccurate.
The most important evidence is a series of email exchanges between Hall and Del Mastro, in which Del Mastro seeks details about the calls Holinshed was making.
The defence has suggested that Hall may have altered those emails.
“There’s no basis to suggest he tailored his evidence,” said Lemon. “It smacks of desperation, to make that kind of submission.”
There is no evidence that Hall had the technical expertise to change the metadata associated with the emails, said Lemon.
“There’s no evidence to support that argument,” he said. “There has to be a reasonable doubt. It’s not a fanciful doubt.”
Del Mastro, the former parliamentary secretary to Prime Minister Stephen Harper, withdrew from the Conservative caucus when he was charged.
He was previously his party’s representative on the Commons ethics committee. He is a longtime critic of Elections Canada, the agency that investigated his alleged electoral fraud for this case.
On Thursday afternoon, lawyers for Del Mastro and McCarthy will have a chance to reply to the Crown’s arguments. A verdict is expected at a later date.
Del Mastro and McCarthy face as long as a year in jail and a fine of as much as $1,000 if convicted. Del Mastro would also be prevented from standing for office for five years.
smaher@postmedia.com
Twitter.com/stphnmaher
查看原文...
“The evidence of guilt in this case is overwhelming,” Tom Lemon told Judge Lisa Cameron as the Crown presented its final arguments.
Del Mastro and Richard McCarthy, his official agent in the 2008 election, each face three charges of exceeding the $92,566.79 spending limit and filing a false return. Del Mastro is also charged with exceeding his donation limit, because it’s alleged he paid for the calls with a $21,000 personal cheque.
The Crown’s case rests on evidence from Hall, the CEO of Holinshed Research Group, a now defunct voter-contact firm that, it’s alleged, carried out the work for Del Mastro’s campaign.
On Tuesday, Del Mastro’s lawyer, Jeff Ayotte, repeatedly called Hall a liar, telling the judge that Hall went to Elections Canada because “had an ax to grind with Dean” because of a business dispute.
On Thursday, the prosecutor Lemon said that the volumes of evidence that have been presented all back up Hall’s story, and contradict Del Mastro’s version of events.
“All this evidence is consistent with the Hall narrative of events, as opposed to Del Mastro’s narrative,” he said.
Del Mastro’s defence relies on “fantastic” stories, “exaggerated or tortured interpretations” of evidence, Lemon said, and the legal case his lawyer made Tuesday doesn’t make sense.
“The defence submissions are based on misunderstanding of the law, misunderstanding of the evidence or mischaracterization of the evidence,” Lemon said.
On one legal point, the judge appeared to agree with Lemon. On Tuesday, Ayotte argued that the Crown had failed to prove that Del Mastro’s campaign made use of any data gathered by Holinshed.
Since the act specifies that expenses must directly promote a candidate, Ayotte argued, the Crown had to show that Del Mastro’s campaign used the data.
The judge seemed to agree with Lemon, though, that that’s not necessary.
The prosecutor spent most of the morning methodically countering the defence’s description of the evidence, pointing out instances where documents appeared to back up Hall’s story and contradict Del Mastro’s.
The defence has said that campaign manager Richard McNutt was not authorized to hire Holinshed, but the prosecutor pointed out that McCarthy’s signature appears on the quote giving the go-ahead for the work.
Del Mastro and McCarthy “took steps to conceal the expense from the campaign budget” because they had spent too much money, he said.
After the election, the prosecutor said, Del Mastro “strung Frank Hall along” until he refused to pay for an unrelated software project in an effort to recover $9,000 of personal expenses.
The prosecutor went through a detailed timeline with the judge, asserting that many documents support Hall’s story, while, he said, Del Mastro’s narrative contradicts those documents. The minutes of the Peterborough riding association, for instance, show that McNutt had spending authority and that the campaign overspent in the early stages. The defence has argued that the minutes are inaccurate.
The most important evidence is a series of email exchanges between Hall and Del Mastro, in which Del Mastro seeks details about the calls Holinshed was making.
The defence has suggested that Hall may have altered those emails.
“There’s no basis to suggest he tailored his evidence,” said Lemon. “It smacks of desperation, to make that kind of submission.”
There is no evidence that Hall had the technical expertise to change the metadata associated with the emails, said Lemon.
“There’s no evidence to support that argument,” he said. “There has to be a reasonable doubt. It’s not a fanciful doubt.”
Del Mastro, the former parliamentary secretary to Prime Minister Stephen Harper, withdrew from the Conservative caucus when he was charged.
He was previously his party’s representative on the Commons ethics committee. He is a longtime critic of Elections Canada, the agency that investigated his alleged electoral fraud for this case.
On Thursday afternoon, lawyers for Del Mastro and McCarthy will have a chance to reply to the Crown’s arguments. A verdict is expected at a later date.
Del Mastro and McCarthy face as long as a year in jail and a fine of as much as $1,000 if convicted. Del Mastro would also be prevented from standing for office for five years.
smaher@postmedia.com
Twitter.com/stphnmaher
查看原文...
