JN: What interaction do you have?
MC: “Conversation can go anywhere.” When exercise is going, making sure the form is right. After that “conversation can go anywhere really.”
MC: “I’m not a huge yeller, intense kind of trainer”
MC: “I don’t do this for free.”
MC says he sells packages – sold in advance. Right now at $65/session+HST.
JN: Do you invoice your clients for payments?
MC: Sometimes, not always
MC says he met Duffy in Fall of 2007, before he became Senator.
MC: I met him at a berry farm. My wife met his wife. My wife works a dog walking company. They started talking, and noticed MyoMax decal on the car, and fitness came up, and Duffy was interested in that at the time and that’s how it started
JC: Where did this occur?
MC: In Kanata.
JN: Where did the consulting take place?
MC At his home.
MC says “the majority of the workout sessions, it was combined” with consulting.
JN: How did that work?
MC “The way it (the exercise) was structured and because he knew the exercise routine, it was easy to carry a conversation about the topics”
MC: I remember one conversation we have on whether baby boomers were going to live as long as policy makers think they’re going to live.
MC: I remember my take on it was that boomers were less fit and less healthy than previous generations – and I don’t think they will live as long. Senator Duffy thinks they are going to live as long. I hope I’m proven wrong and people live a long and healthy life (laughs).
MC says “the conversations were pretty fluid.” Can move on to how exercise are beneficial for people suffering from heart diseases, cancers. “it was a wide spectrum of topics.”
MC says most times Duffy wasn’t writing things down. Sometimes would type things on his computer, but don’t know what he was typing. MC didn’t arrive to sessions with written notes.
MC also talked to Duffy about distribution of books: in print form, on CD, or online. Also talked about copyrights.
Mark Bourrie walked into court. He's expected to appear, too, today. Exhibits already filed in court shows that Bourrie was issued a $500 cheque in 2010 by Donohue's company for what appeared to be "web site analysis."
Bourrie (a crown witness) walked up the stairs towards the courtroom, saw Duffy, and shook each others hands and then gave a huuuuuge bear hug. And then shook hands of the two defence lawyers.
This morning’s first witness is Elizabeth Brouse. Testifying via telephone.
She's from MQO research. Employed from July 2011 to June 2013
VP of marketing/business development/research
Company owned by Group M5
MQO involved in public opinion research and focus group
MQO published “Atlantic Matters” – monthly online publication, poll of Atlantic Canadians, of political parties and federal gov’t. Every month there will be “hot topics”. Subscriptions of $5,000 for 12 month subscription. Given 5 usernames/passwords for use of organization.
It was a Senate of Canada subscription
First and only time agreed to offer a “group subscription”. Divide the $5,000 fee amongst a group of senators. Done this so fee can be split between Senators’ Senate budget. Subscription started in March 2012. Invoices were sent out by head office in St. John’s, NL. Invoices were sent from head office directly to him at Senate of Canada.
Crown shows MQO Research invoice – Exhibit 3 of Tab 20
Page 3 – first invoice, dated February 20, 2012. Invoice addressed to Senator Mike Duffy, The Senate of Canada, Ottawa, Ontario, Canada K1A 0A4
Brouse says didn’t receive payment for this invoice
Brouse: When I sent to my welcome letter, Duffy e-mailed what this was for.
His inquiry was “what the heck is this” – early March 2012
I replied to his email and offered to speak with him, and we spoke on the phone. … I told him what this was. I told him what it was, and he asked the invoice be sent before the end of the fiscal year.
Brouse: Attempts would be made by our accounting department, after unsuccessful attempts, brought attention to me. In late June or July, it was still unpaid. “I received from Senator Duffy angry in tone that we have been harassing him for money.”
I can access my records, and I can see Senator Duffy had never accessed the site. I asked internally whether we should keep harassing him if he hasn’t accessed the site. I told him via phone that we talked on the phone about this subscription in the past. But since Duffy never accessed the site, I told him I felt he didn’t feel “compelled to pay” … phone call in mid-to-late July.
But then he emailed and agreed to pay after all, and that’s when she put our billing people in touch with Duffy’s assistant.
Then second invoice issued, after Duffy asked Brouse to change date on outstanding invoice to get it to different fiscal year. [Email page 7. New invoice Page 2]
Invoice dated July 30, 2012 – addressed to the Senate of Canada
MQO received payment for that invoice via Ottawa ICF (Donohue’s company) – cheque on Page 4.
Now x-examination from Bayne
Bayne: Tell us more about how this group subscription was arranged?
Brouse: Arranged through Percy Mockler
Bayne: How did he arrange this subscription?
Brouse: He provided me with a list of names of senators of who to send welcome letters to
Brouse says she met Mockler in MQO’s office in Moncton in 2012. Meeting with managing partner of MQO’s parent company. Brouse says managing partner thought Mockler would be interested in the content provided by the company.
Bayne: Clearly parliamentary type information?
Brouse: “I would think so.”
Brouse met with Mockler in person to demo the product. They weren’t with other Senators in person. Mockler later e-mailed – about a week or two – that Brouse that he wanted a group subscription.
Bayne: So Senator Duffy had nothing to do with all of this up to this point?