Decision in Skakun Trial Two Months Away
By 250 News
Thursday, March 17, 2011 03:47 PM
Prince George, B.C.- While the trial of City Councillor Brian Skakun has completed hearing testimony, it will be nearly two more months before there is a decision.
Skakun is charged with breaching the Freedom of Information and Protection of Privacy Act in the unauthorized release of the confidential Kitty Heller report. That report examined allegations of harassment and breach of code of conduct by two Civic Managers. The report concluded the allegations were unsubstantiated.
Judge Kenneth Ball advised Counsel that the Defence would have until 4 p.m. April 6th to make it’s final submissions in writing. Crown then has until April 20th to counter, and Defence has until April 27th to reply.
Justice Ball says he will deliver a decision in the case after May 11th.
The testimony completed this afternoon with Councillor Brian Skakun saying he didn’t know who he had given the confidential Heller report to at the CBC, “I don’t recall who I gave it to, one of the guys working there, they might have had a summer student”. When asked what instructions he left with the documents, Skakun said “That they needed to look into this.”
He also doesn’t recall exactly when he gave the report to the CBC, although it was published on their website on August 19th, 2008.
Skakun told the court he handed the documents over to the CBC because he felt the public had a right to know what was going on, and that the CBC had “vast resources” and could investigate. He also admitted he did not seek permission from any of the people named in the report to release the documents, and did not know the definition of “personal and private information” and that he made no effort to find out. He also said he can’t recall if he ever talked to anyone at CBC about investigating the allegations in the report, and he did not do any follow up with the CBC to see if any investigation had been launched.
Skakun testified he first heard about the Kitty Heller report when portions of it showed up in his mailbox at his home along with a hand written note in late April or early May asking him to look into the allegations. It was not until he took the stand this week that anyone had heard about the notes in the mailbox. When asked why he had not advised Council during a closed meeting on August 25th about the fact that portions of the report were in the public realm and in fact had made it into his mailbox months earlier, Skakun said he had been advised by his lawyer not to say anything. Yet two weeks later he would tell Councillor Debora Munoz that he was the one who had leaked the document to the CBC.
Councillor Skakun also testified he does not believe he violated his oath of office when he handed over the confidential report to the CBC.
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