Justice Douglas Cunningham said that he would decide whether to issue a directed verdict in the influence-peddling trial of Larry O'Brien on June 26. (Francois Leclerc/CBC)The judge in the influence-peddling trial of Ottawa Mayor Larry O'Brien said Tuesday he will take some time before deciding if he'll issue a directed verdict in the case.
Justice Douglas Cunningham said that court would be adjourned until June 26, when he'll decide whether he'll accept a motion put forward by O'Brien's defence to dismiss the charges.
David Paciocco, one of O'Brien's defence lawyers, made the request last week for a directed verdict — which usually means the prosecution has not met the burden of proof for the given charges.
In this case, however, O'Brien's defence has argued the charges against O'Brien should be thrown out because they should never have been issued in the first place.
On Tuesday, Paciocco continued the argument he began last week, saying that patronage appointments did not fall under the section of the Criminal Code under which O'Brien had been charged.
The charges stem from allegations made by Terry Kilrea, O'Brien's opponent in the 2006 mayoral election. Kilrea swore in an affidavit that O'Brien had offered to pay his campaign expenses and help him get an appointment with the National Parole Board in exchange for dropping out of the race.
Paciocco's argument for the directed verdict is that the criminal charges laid in this case don't apply because the concepts of reward, benefit or advantage under the Criminal Code address material profit only, and don't apply to political office.
Scott Hutchison, the Crown prosecutor, argued that the charges apply to anything considered to have value to the person making the offer.
Since O'Brien valued his campaign and the prospect of becoming mayor, said Hutchison, Kilrea would have been an impediment in his pursuit of that goal.
Hutchison urged Cunningham not to accept what he called the defence's narrow interpretation of the Criminal Code.
Cunningham said he would deliver his decision when court resumes at 9:30 a.m. on June 26.
