Conrad Black defence can't recall Radler to the stand

Last Updated: Wednesday, June 6, 2007 | 4:03 PM ET

CBC News

The judge in the Conrad Black trial has turned down a request from the defence team of the former media baron to recall key prosecution witness David Radler to the stand.

Black's lawyers filed a motion earlier this week seeking another crack at Radler. They said they had come up with evidence that Black's former business partner had lied on the stand when he said he was not aware of the more lenient parole rules in Canada.

Montreal-born Radler has pleaded guilty to one count of fraud and agreed to testify against Black, also born in Montreal, and his three co-accused in exchange for a 29-month jail sentence and a fine.

Radler said it was Black who was behind a plan to illegally divert non-compete payments away from Hollinger International and into the pockets of senior Hollinger executives.

He faced a blistering cross-examination from Black's lawyer, Eddie Greenspan, who said Radler was a chronic liar and shouldn't be believed. 

Unsure of parole rules, Radler says

At one point in the trial, Greenspan pointed out that Radler could get out of a Canadian jail after serving less than six months of his 29-month sentence. Radler said he did not know of the differing parole rules.

The defence said it had uncovered evidence that Radler did know that and was not truthful on the stand.

"That Mr. Radler has had the leading Canadian parole lawyer on his legal team since November 2004 is probative of his bias, motive and interest in testifying for the government," the court filing said. "It also impeaches his claims of ignorance about Canadian surrender and parole rules."

But Judge Amy St. Eve ruled Wednesday — a day earlier than expected — that the defence could not get Radler back to ask him about that because lawyers could have learned long ago of the Canadian parole lawyer if they had asked.

"What you want to do is impeach him on grounds that, frankly, you could have discovered long ago," St. Eve said.

The court was not sitting Wednesday as no defence witnesses were available. The defence is expected to wrap up its case next week and closing arguments will begin the following week. 

Black is accused of fraud, racketeering, obstruction of justice and tax evasion. He and three co-accused have pleaded not guilty to all charges.

Kipnis loses mistrial motion

In another development, the judge denied a mistrial motion from the lawyer for co-defendant Mark Kipnis.

Kipnis used to be Hollinger's general counsel. He's charged with helping to orchestrate the alleged illegal diversion of $60 million US from Hollinger. Kipnis is facing charges of mail fraud, wire fraud and tax fraud.

St. Eve said she thought Kipnis's lawyer had effectively shown that a $150,000 bonus his client had received was for legitimate legal work and was not a payoff for his part in any alleged diversion. But she said that did not warrant a mistrial.