A: "To Duff, a great journalist and a great Senator. Thanks for being one of my best, hardest working appointments ever. Stephen Harper"
Audcent agrees with Bayne that the event appears to be public business, which is a parliamentary function
A:But harper there was as a member of gov't of Canada.
A: "It's public business for a Senator yes"
B: For the G8, is it official business? A: The PM would have had to request it in writing. "It's undoubtedly official."
Bayne shows photo of Duffy and Harper at G8 youth event on P-Hill, with photo caption
Again, Audcent agrees with Bayne - judging by photo - that it appears to be public business, which is a parliamentary function
A: If you look at the definiton, since parl function includes public business... public business is not private business (ie with his wife) one can easily see it's public business, and it incorporates it with parliamentary functions
it seems that Bayne is IDing events that Duffy has claimed expenses and getting Audcent to agree it fits with the definition of Parliamentary business.
Crown suggested on Tuesday that Duffy submitted expense claims for makeup services for that G8 event
Back from break and now using the "Orientation Guide for New Senators" document... still continuing defining what is "Parliamentary Business".
Now on Tab 15, letter from Nicole Proulx. And what is Parliamentary Business....
And now on travel points -- and various definitions and whether it includes/excludes partisan work.
Back from break and now using the "Orientation Guide for New Senators" (exhibit A, tab 13)... still continuing defining what is "Parliamentary Business".
Bayne: Suggesting Duffy was pressured to travel. Using his 64 travel points to travel at "behest" of PMSH. He didn't have a choice except to travel when asked by PM
Bayne again suggesting he didn't have a choice and would limit Duffy's career. Audcent says jokingly "Senator's career is like that of a judge. You're there until age 75." (laughter in courtroom)
Trial continues with the defence's cross examination of Mark Audcent, former Senate law clerk ... descriptions of public vs private business, how/where/when trips can be claimed...
Bayne wanted to but decided to not question Audcent on each individual travel claims, including the funeral claims. We're now finished with "part 2" of his cross examination of Audcent (the travel expenses)
Buuuut... we're not done with Audcent.
Bayne is now going starting "part 3" of his cross examination, about Senators' office budgets........... this relates to the contracts that were signed by Duffy.
Bayne arguing senators have a great deal of autonomy and discretion when it comes to their office budgets and staff... staff are hired at discretion of the Senator. Audcent agrees, adding that it has to be for parliamentary function.
B: Individual senator entitled to full discretion and control over work/contract as long as it's to carry out parliamentary function A: I agree
B asking Audcent about definitions. Difference between employees, contractor, volunteer. A agrees with B that definition of Senate "staff" is "broad" as it "includes" employee, contractor and volunteers
A: "Recently guidelines were brought in" on who are/aren't eligible to be staff, but "underlying principle is Senator gets to pick staff in their office"
A: "The principle here is that senator gets to pick their staff and that's correct"
A: "Senator can discuss with responsible directorate whether that person should be hired as employee, contractor and volunteer"
Holmes interrupts and argues that while Senators is responsible for hiring staff, this section and the line of questions doesn't address/ignores the validity of payment for those staff. Bayne says he disagrees and can be argued later on.
Judge -- sounds audibly exhausted and exacerbated -- "in the meantime let's move on"
So, what do journalists see, what can they do on break?
There's a bake sale outside the courtroom. Homemade baked goods - cookies, rice crispy squares, banana bread, lemon loaf, cupcakes, and Starbucks coffee. Hallelujah.
Money from the sales goes to the family of one of the courthouse staff, whose daughter is at Children's hospital, helping to offset costs of her care
Court resumes. Bayne read Senator's Handbook, by Internal Economy Committee from 2009 (Tab 10) on office budgets.
B: ...much of office budget decision is left to the Senators?
A: It's the senators that knows the fact. If you run the office, you know the facts. While there's oversight by Finance, Internal Economy. But the most important thing is your own judgement.
B: So you as Senator know what you need, who you need? A: ...and what's appropriate.
A: The starting point is the Sen's judgement.
Bayne continues reading a section from the Handbook to ask Audcent if he agrees with what's being read out.
Holmes/Crown rises in objection. Judge jumps in before Holmes can start to give his reason, "I know what you're going to say..." (laughter in courtroom) "...the witness says he is unfamiliar with the material."
This is the same argument the Crown has used in their hope to stop Bayne's questioning. But judge allows Bayne to continue, as in the past.
B reading from Tab 13, Orientation Guide for New Senators, page 20 (A didn't write this section). Guide reads: "they explore issues, promote awareness and seek the views of Cdns on a wide range of topics." // A: I agree.
Audcent explains that various senators have chosen a cause/role they want to focus on -- one chose veterans, one chose prisoners, etc. And all are considered parliamentary functions.
B: If Sen Duffy was assigned a role such as veterans, that would be appropriate? / A: Yes
B: What about the elderly? If Duffy was assigned a focus, focus on elderly? / A: Elderly has always been issue of concern for senate, so yes would be OK
Holmes/Crown interrupts saying defence asking witness questions in an abstract way. Bayne says he didn't start asking abstract Qs. Judge quips: "But you didn't stop..." "...it was interesting, but let's move on." [Judge clearly sounding he wants to move this testimony along.]
Bayne on contracts: Audcent agrees that a company (not just a person) can get a contract from a Senator, and that company can then hire other people to do work to fulfil that contract w/Senator.