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Live: Mike Duffy Trial
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Bayne asking if a company entered into a contract with a Senator can sub-contract that work out to another company or another person. SM says she doesn't know who doing work when research contract is awarded by a senator. Work could be done by different person than signed, and she wouldn't be aware.]
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DB reads Internal Audits report: “In addition to the Senate Administrative Rules, there are 12 policies and procedures/guidance documented for processing and administration of Senators’ office expenditures. Several of the Senate’s policies are being updated and revised … There is a risk of inconsistent application of policies and understanding of the policies across Senators’ offices.”
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Crown: This isn’t her report, she can’t testify how the writing in this report was arrived by. She can provide relevant evidence on what her job is and how she did her job. This is outside her envelope. To start suggesting to put content to her is unfair and is inadmissible hear-say.
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Defence: They just don’t like this document because it hurts their case. This is one they particular dislike because it show the disconnect of what they thought was going on in the senate, and what was actually going on in the senate. Because senators don’t understand the proliferation of rules. … This is a public document produced by the Senate. I can’t believe it’s hear-say document.
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Crown: SM can’t give evidence on whether a Senator is confused by the rules, which can only be answered by Senator in question making non-compliant claims. Maybe it’s misunderstanding, maybe it’s deliberate. It’s a subjective question. To have SM say it’s evidence of misunderstanding, invites her to speculate. It’s purely subjective.
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Judge: I don’t have problem with that point. She can be asked about the 12 policies in place, and those type of questions which then can be argued later – perhaps with addition evidence of defence. The fact that 12 policies in place as a factual thing, may lead to confusion. I don’t know yet. I think it’s fair to have questioning in this area to have her flush it out.
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DB asking if SM agrees “Senate policies should be updated to provide clearer guidance and criteria for consulting services and personnel services contracts” and “Senate should strengthen its contracting practices ensuring all… contracts have a written contract in place.”
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