Mayor Larry O'Brien's lawyers said Monday that they would not call O'Brien to testify at his criminal trial.Mayor Larry O'Brien's lawyers said Monday that they would not call O'Brien to testify at his criminal trial. (CBC)

Ottawa Mayor Larry O'Brien will not testify at his criminal trial, the court heard Monday morning.

O'Brien's lawyers have said they will call no witnesses in the influence-peddling trial against him, which means the trial is in its last stages with only closing arguments remaining.

Keeping O'Brien out of the witness box should be the defence's strategy, said Stephan Émard-Chabot, a University of Ottawa law professor.

Many Ottawa onlookers had been eager to find out on Monday whether O'Brien would be called, Émard-Chabot said.

After the defence had announced it wouldn't call any witnesses, Crown prosecutor Scott Hutchison began his closing remarks.

Hutchison began by saying the evidence had established beyond reasonable doubt that the offences O'Brien was charged with had been committed.

He said phone calls and emails among O'Brien, Terry Kilrea and others showed that Ottawa's mayor was helping negotiate a political appointment for Kilrea.

Kilrea, O'Brien's opponent in the 2006 mayoral election, has sworn an affidavit saying 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.

When Michael Edelson, O'Brien's lawyer, began his closing argument Monday afternoon, he focused on the credibility of witnesses and inconsistencies in the information and accounts presented in court.

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.

On June 26, Justice Douglas Cunningham ruled that the trial would continue after rejecting a defence request to have the influence peddling charges against O'Brien thrown out on the grounds that the charges don't fit the allegations.

Edelson had asked the judge to deliver a directed verdict — which usually means the prosecution has not met the burden of proof for the given charges — arguing that the Crown misinterpreted the Criminal Code sections used when charging O'Brien. Edelson said charges under those sections should exclude political appointments.

Cunningham ruled otherwise and ordered the trial to continue.

Court resumes at 9:30 a.m. Tuesday.

Edelson could wrap up his closing arguments as early as Tuesday.