Trial Bogs Down on Request for Documents
By 250 News
Tuesday, October 26, 2010 06:03 PM
Prince George, B.C.- What was to be the first day of the trial of Councillor Brian Skakun turned into a day of legal wrangling over the production of documents.
Skakun is accused of breaching the Freedom of Information and Protection of Privacy Act after a confidential report made it into the hands of a CBC reporter and on to the CBC’s website.
The report focused on a relationship between the head of the RCMP detachment at the time and the manager of civilian employees at the detachment. The report is alleged to have concluded the two were in a conflict of interest.
There are numerous witnesses to be called, but the Crown’s star witness is expected to be Councilor Deborah Munoz, who claims Skakun came to her in September of 2008 admitting he was the one who had leaked the document to a reporter at the CBC.
Other witnesses to be called include former Mayor Colin Kinsley who wrote to the Attorney General in 2008 asking that an investigation be started into the release of this document. Current Mayor Dan Rogers will also be called even though he was not on Council at the time of the leak.
But Skakun’s lawyer says the case is difficult to move forward because he doesn’t believe the City has turned over all the relevant documents. He also points out that long before the CBC had the confidential report, the local daily paper had printed stories about it and had made direct quotes from the report. Duncan says the report “was out there” that someone had leaked the report and the newspaper reporter knows who it was. Crown says the reporter is willing to go on record that he never actually saw a copy of the report, that the leak did not come from the Councillor, but he will not divulge who actually gave him the information.
While the Court did hear from one witness this afternoon, RCMP Inspector Ray James who headed up the investigation, the court is expected to resume arguments tomorrow morning on the Defense application for an order to make the City turn over more documents. Defense lawyer Jon Duncan says he finds it hard to believe the discussion within City Hall was only conducted by emails, he wants hard copy of letters and briefing notes which he believes exist.
Tomorrow, the court will hear more arguments about the release of further documents before turning to hear from witnesses.
The case is booked for the balance of this week, and to resume December 7th for another week of testimony.
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Posted by: bitter on October 26 2010 8:37 PM