Prince George, B.C.- Manager of Corporate Services for the City of Prince George, Kathleen Soltis, says when she  saw a copy of the Heller report on the CBC website, she first thought it must have been leaked by one of the complainants  named in the report, but when she saw the document was labeled “Attachment 4” she knew it had to have come from a closed, restricted meeting of Council. 

Soltis was testifying in the trial of Councillor Brian Skakun who is accused of leaking the document in violation of   the Freedom of Information and Protection of Privacy Act.

The report  marked “Attachment 4”  was one of 6 attachments to a staff report on the Heller report which Council had asked to see. The May 12^th ,  2008 meeting  in which it was discussed, was limited to City Council members, Kathleen Soltis, and Rob Whitwam. That meeting started at 5:23 and Councillor Brian Skakun left “abruptly” at 6:05 . The meeting was adjourned at 6:18.

Soltis said on August 13^th she received a phone call from a CBC reporter who started off by asking basic questions about a former employee and when the reporter started asking questions about the Heller report, she asked the reporter to submit the questions in writing. Soltis told the court, she felt uneasy about answering any of the questions because she wasn’t sure about the privacy issues. 

She said she checked the CBC website on  August 19^th to see what, if anything, the reporter had written, and that was when she saw the Heller report on line “I was stunned.”

Defense Lawyer Jon Duncan has tried to introduce as evidence a packet of documents  which detailed the initial complaints which lead to the investigation by Kitty Heller, and  her recommendations.  Judge Kenneth Ball  wouldn't allow it, saying this is not an opportunity to re-litigate the  complaints,  or  have him (the Judge) review the documents with hopes he will  come to a different conclusion than Kitty Heller.  The Judge advised  Duncan the complaints were dealt with by Heller, and  the nature of those complaints have no bearing on the case at hand.  Duncan tried to argue that the  documents have merit because  his client believed  releasing them would be in the public interest,  that comment prompted  Judge Ball to ask if Skakun was now admitting to releasing the confidential report,  to which  Duncan replied, no. 

Duncan will be preparing an argument to allow the documents in  as evidence however that  argument won't  be heard until the  case resumes in December.

The trial is expected to hear from former City Clerk Don Shaffer  this morning,  then  from Anne Bailey who was  one of the respondents in the report.

Yet to be called are former Mayor Colin Kinsley and City Manager Derek Bates. The key witness in this case   is Councillor Debora Munoz who is expected to testify that Brian Skakun confessed to her that he was the one responsible for leaking the document.

The trial continues today, then adjourns until December 7^th.