Bayne: Says Wright conspired with key senators : LeBreton, Tkachuk, CSO
Bayne says Wwright was "forcing" expenses to be paid back. Crafted media lines that he parroted. "Duffy was simply used by the small group" ... it wasn't $ for Duffy, but to receiver general... used by small group to send Wright's money.
Bayne reading Wright email: "We're basically forcing someone to repay money they probably didn't owe. I wanted the Prime Minister to know that."
Bayne: "seldom has an extorted person called an equal partner"
Bayne: "Duffy grateful for this opportunity" for it heard in court ... "grateful a judge" is hearing his case. "The matters of Senator Duffy are in your hands"
Final comment, caution from judge to media and public:
He says the opening statements (heard today) are based on anticipated evidence. It's the trial that will be based on the evidence.
Duffy in car now, driving away. His defence lawyer Bayne has no comments. Duffy has no comments.
At around 9:30, Donald Bayne (Duffy's lawyer) arrived. Muttered "good morning everybody". No other comment on the way in.
Holmes: There is a solicitor-client relationship btwn you and Duffy? Audcent: yes. H: l=Law clerk for 17 yrs. And there is no waiver of the privilege.
Audcent: Lawyer by trade. 1976 called to bar. I joined bar 1976. ... 1982 joined as asst law clerk and parl council. I remained asst law clerk until 1996, in 1996 was appointed. Position held until may 2014.
Audcent: law clerk provides legal advice, could be constitutional matters, advice for senators, key function is legislative function to draft bills, protocol duties. 2007-2010 ... it was in transition at that time. Prior to that time I would say I did equal amount of drafting leg, advice for senators, corporate work.
A: (Board of) internal economy - because of heavier workload - dedicated my deputy full time on corporate work starting in 2007/08
Re legal advice? Audcent: senator can come to me for legal advice for carrying out their duties. Not appropriate for me to talk about personal duties.
Holmes: who makes appt? // Audcent: as a technical matter senator is appointed by GG, on advice of the PM.
Audcent: an appt of a senator would begin with a press release by the PM. But that's not the appointment. The appointment is the instrument of advice, signed by PM and the GG will countersign that letter, there's a date and that's the appt of the senator and date of appt. A 'writ of summons' will be issued and there's a formal certificate. But they're not entitled to sit, until taking oath and declaration of qualification. Declaration in clerk's office; oath in the chamber on first day before their peers and they take their seat.
(Continued) Once appt announced by PMO, they would let clerk know. Clerk would call the senator and say "welcome to the senate". Send a package, invite them for orientation session. Taken in two parts: Senator with clerk, clerk says I'm head of administration and if you have issue come to me -- takes about 5 mins. Declaration may happen at that time. Would invite me as law clerk, director of finance, HR and clerk's assistant -- briefing session would happen, approx 1h.
A: Briefing session I would speak first as law clerk -- may have been only 5 mins. Presented with a smile, saying the "dos" and the "don'ts".
Audcent: I would speak about qualification and disqualification.
First would be attendance -- of great concern, but senator would only lose their seat if they didn't attend once every two sessions. But it wasn't strong, so there's an "attendance policy", had to sign in, and would be given to the communication directorate, so will be made public. Second, not to show any foreign allegiance. Third - property qualification. Must have $4k worth or property. And $4k worth of land in prov they represent. I would mention that if they were selling property. Buy new property first before you sold new one. Risk that it could be declared vacant.
A: The declaration of vacancy -- that section provides, the matter shall be heard in the senate. It's a matter for senate to decide. $4k sum from Constitution. For sake of argument, now it's half-million. But don't buy a land for $4k only because values may fall (laughs)
A: "You don't have to live in the property that you own" , must be resident that you are a resident you represent. Residence is an essential part.
Holmes: did you convey any indicator or factors for residency in home prov? // A: no. But you're resident in prov you represent, but you have time here in Ottawa, gov business, and may have vacay -- you may want to have your secretary track how many days a year you're in home province... tendency to be comfortable in Ottawa when senate sits from Sept to June
Holmes: what are the indicators of residences?
A: physical presence "it's hard to say you're a resident there if you're never there"... an abode, where you have a home.
Second where I think is important is where you have a community - "where you vote, where you pay your taxes are big indicator of where you're a resident" Where you get your services from: drivers licence, health services... final one is where you have social connections, where you bank, go to church, where you go bowling. (Holmes jokes: is bowling important for senators? If you don't want to say because of solicitor-client priv it's OK)
Holmes shows the Constitution Act on prerequisite. Asking Audcent if Sen meets constitution requirements -- says PMO/PCO would have already vetted (i.e. 30 years old)
Holmes: if the person appointed was clearly 20, what would you have done?
Audcent: I don't know if I would have done anything. I didn't view my role as a policemen
Audcent: if a question arises on eligibility of senator, Senate will determine. But "question arises" = if Senator gets up and asks a question. That's where a question can arise.
Holmes: were you satisfied you had the meeting with Sen Duffy? // Audcent: I don't have any recollection and meeting at all. I refreshed my memory by searching my calendar, and clerk, finance and rep of HR all had it in their calendar.