Justice Douglas Cunningham ruled Friday that the trial of Ottawa Mayor Larry O'Brien will continue as planned.Justice Douglas Cunningham ruled Friday that the trial of Ottawa Mayor Larry O'Brien will continue as planned. (CBC)

Justice Douglas Cunningham, the judge in Ottawa Mayor Larry O'Brien's influence-peddling trial, announced Friday that the trial would continue despite a defence request that the charges against the mayor be thrown out.

Cunningham began reading an executive summary of his decision at 2:30 p.m. ET.

O'Brien's lawyers had asked the judge to deliver a directed verdict that would have seen the criminal charges against O'Brien thrown out.

The defence requested the directed verdict — which usually means the prosecution has not met the burden of proof for the given charges — because, his lawyers said, O'Brien should never have been charged.

Cunningham made Friday his deadline to decide on the motion.

Michael Edelson, O'Brien's lawyer, said the Crown misinterpreted the Criminal Code sections it used when charging O'Brien.

In his ruling, Cunningham said he didn't think the section that was being discussed excluded political office.

Charges against Ottawa Mayor Larry O'Brien

Pretending to have influence over the government of Canada or a minister of the government in order to gain a benefit contrary to Section 121(d) of the Criminal Code. (Maximum sentence: five years in prison.)

Soliciting, recommending or negotiating an appointment in order to gain a benefit, contrary to Section 125 of the Criminal Code. (Maximum sentence: five years in prison.)

Terry Kilrea, O'Brien's opponent in the 2006 mayoral election, has sworn an affidavit that he received an offer to have his campaign expenses paid, along with help getting an appointment with the National Parole Board, if he dropped out of the race.

But O'Brien's lawyers have argued that even if the Crown could prove beyond all reasonable doubt that O'Brien had mentioned a political appointment when speaking with Kilrea, patronage is not illegal and is a regular occurrence in politics.

The section of the Criminal Code under which O'Brien was charged, argued lawyer David Paccioco, addresses concepts of reward, benefit or advantage under the Criminal Code that involve material profit only, and don't apply to political office.

Cunningham ruled Friday that he thought it did.

Edelson said Friday that he was not ready to respond to the ruling, but will let the court know before July 1 whether the defence will call witnesses.

Court adjourned just after 3:30 p.m. on Friday and will resume at 10 a.m. on July 6.