NOT BLOODY LIKELY.
OUR ESTEEMED PROVINCIAL GOVERNMENT, THE PROVINCE'S WORST IN OUR 150 YEAR HISTORY, FINDS ITSELF IN COURT THIS WEEK AND NEXT ...IN FACT IN TWO SEPARATE COURTS... AS DEFENDANTS.
NEXT WEEK WILL SEE SENIOR FOLKS IN THE PREMIER'S OFFICE FACING CRIMINAL CHARGES FOR DESTROYING SENSITIVE EMAILS. I KNOW, I KNOW 'WHAT'S THE BIG DEAL, ISN'T THAT WHAT DEAR HILLARY DID WITH IMPUNITY?'
BUT MORE ON THAT CASE LATER, TODAY I WOULD LIKE TO FOCUS ON THE CASE THAT BEGAN EARLIER THIS WEEK WHERE THE PREMIER'S FORMER DEPUTY CHIEF OF STAFF, PAT SORBARA, PLUS ANOTHER SENIOR PARTY OFFICIAL, ARE ACCUSED OF BRIBERY UNDER THE ELECTIONS ACT:
The Act's Bribery Section states that 'no person shall directly or indirectly give, procure or promise or agree to procure an office or employment to induce a person to become a candidate, refrain from becoming a candidate or withdraw his or her candidacy.'
'A conviction carries a penalty of up to $5,000 but if a judge finds it was broken "knowingly," the penalty is a fine of up to $25,000 and/or up to two years less a day in jail.'
HERE BRIEFLY ARE THE RELEVANT FACTS:
In the last general provincial election the Liberal Candidate, Andrew Olivier lost the Sudbury Riding to a Socialist Party Rival by a tad less than a thousand votes. Up till then, the Liberals had held that seat for approx. 20 years. In a bizarre move, the victorious socialist unexpectedly quit 5 months into his new gig citing the usual health and family reasons thereby opening the riding up for a by-election that Olivier naturally hoped he'd win.
It soon though was made clear to Olivier that the Premier did not want him to run again and that they had another in mind to carry the Party's Banner.
But it was still left open that a nomination meeting might take place and Olivier naturally still harboured hope that he might eventually win out.
It was at this point that Sorbara et al offered jobs/positions to Olivier on condition that he walk silently away into the night. Olivier was astute enough to have taped these offers.
This would accomplish two things, it would clear the way for the Premier's favourite and it would help heal any expected split with the Olivier supporters in the Riding should their guy be callously cast aside.
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Seems like an open and shut case of Bribery to me...remember the words of the section: No person shall directly or indirectly give, procure or promise or agree to procure an office or employment to induce a person to become a candidate, refrain from becoming a candidate ...
And although the Premier has the power to hand-pick her candidate, she did not officially make that decision and until she did, any Riding Liberal - including Olivier could still expect to compete. In fact, in his own testimony this week that is exactly what he testified to...that is to say, he was 'still hoping that the Premier would not designate her favourite and that he (Olivier) would still be given an opportunity to run'.
The defendants lawyers ...no fools they argued that Olivier was never a candidate for the Byelection and that even Oliver knew that it was never likely he'd be given the Premier's preference.
I would not be the least surprised if the Court buys this defence since it certainly defied belief when it found The Duffy not guilty on over 30 criminal charges. See my recent Blog.
So you play Judge here, what would you decide???
As a post-script, as a long time politico I know full well that these types of negotiations go on as unseemly as it may seem to many of you. What makes this case different is the fact that Andrew Olivier had the presence of mind to tape his conversations with the two defendants.
With the wide usage of IPHONES one can expect future such discussions will be much more cautiously delivered.
As I see it...
'K.D. Galagher'
