It would be wrong not to acknowledge that Sen Duffy was ineligible to sit in senate as PEI. He would have been constitutionally legible if he was appointed as Ont. When I says probable, it's not an issue of certainty -- not being decided in this trial.... shows motivation for Duffy to portray himself as Sen from PEI.
Focus of trial is the extra travel he undertaken. He didn't have to do extra travel, but merely commuting. Doesn't constitute $80+k.
Holmes: There will be spirited discussion on primary/secondary. Let me go on record to say that primary means main, and residence means where you live. Certain common sense applies, not just policies.
ocus of trial is the extra travel he undertaken. He didn't have to do extra travel, but merely commuting. Doesn't constitute $80+k.
There will be spirited discussion on primary/secondary. Let me go on record to say that primary means main, and residence means where you live. Certain common sense applies, not just policies
Holmes: It's important, Sen. Duffy didn't have to complete form at all. It was completed for compensation ...lived in Kanata, per diem expenses, filling out forms
Holmes: You can't steal from your employers. Can't unjustly abuse position.
Holmes: For 3 decades or more, he habitually lives in Ottawa. driver licence, health card. Issues with residency arised in 2012. Health card changed. He would file tax as Ont residence until April 2014, he would change that designation to pei.I know my friend will get others. our position on this is not for those individuals or entities to render opinion on those things.Holmes addressing judge: Deloitte saying lack of policies and concepts. The conclusion the delotte auditors arrived was was initially embraced by Board then rejected. The thing is you will have more info and then some. Delotte deal in abstract way, you will have fact.Deloitte uses 18mths with two summers. PEI was summer cottage before he was senators.The fact is home in pei duffy is not habitable - diary: halts in Oct, rcmp detachment closes, roads aren't plowed.
Holmes: It's prosperous given the chronology to have a meeting at a bar with somebody
Holmes: Duffy says if he admitted $ problem, there may be issue with eligibility. So worked out with his lawyer, and someone pay back that money, in the end it was Nigel Wright. the decision to pay back -- some agreement that Duffy would pay back on Feb 11 2013. Terms and conditions were exchanged. And thereafter, senator sought ack from PMO that eligibility to claim NCR expenses were valid. PMO says invalid.
Defence may argue that he was unwilling participant. The material we will file is Duffy was at least equal partner, if not instigator or principle party in these negotiations
There was one protestor outside, just for about 3 mins. Had signs talking about democracy. .
Donohue is scheduled to testify next week in Carp, ON. On consent he will testify remotely due to health issues. But we see exhibits in person - we can address that.
Bayne asking judge what his day is like. Judge says he doesn't take many breaks.
Duffy is still in an inside office in court, according to Police outside the courtroom doors. His wife, Heather, left the office to get coffee but has returned.
Holmes: With approval, release witness now and have him back at 10:00 Wednesday. Judge: approved. // Judge: Will retire after defence opening statement
Bayne's opening statements begin. Says this is actually four trials in one. It will complicate and extend the proceedings. Not much will overlap.
Says charges 1 and 2 -- deal with appointment of senator for PEI by PM, a deliberate act by the PM.
It's not common sense, Sen rules and guidelines deal with NCR
Charges 2 to 20 -- don't deal with residency but individual travel expenses. Rules, guidelines and policies deal with those travel for "parliamentary and public business".
My friend downplay those rules, and apply some notion of common sense. "That's not how statute works... that's not how senate rules work"
Bayne says part 3 -- will require your interpretation. Problems identified by senate itself -- lack of understanding, consistency "Mike Duffy has been singled out here"
He continues: Part 4 -- counts 29 to 31 -- Nigel Wright cheque. Not "to" Mike Duffy. Some of my cross examination will be compartmentalized , esp with Senate officials -- relate to the cross examination of senate officials will be somewhat detailed... not scintillating headlines for media.
Bayne then goes into details. Says this began with media allegations, and subsequent reference by Senate to Deloitte . T
his wasn't an independent firm retained by defence for court purposes, it was senate seeking out advice to report back to senate on state of senate rules and guidelines