Charges stick, back in court July 6

RULING

Judge Cunningham's 24 page decision on a motion for the directed verdict really focused on the the integrity of government. He wrote at length about why both charges do apply in this case, almost entirely agreeing with the Crown's case that was presented several weeks ago.

He ruled that while O'Brien may never have had the influence to get Kilrea a National Parole Board appointment, that was really not the point. He said it was the process of negotiating that was important, not the outcome. Essentially, it was the journey that counts, not the destination. Cunningham wrote, "efforts to trade appointments-even by those who are actually impotent to act- are corrosive to public confidence in the integrity of government and are properly caught be the section."

Cunningham also ruled that a political advantage was captured by the law, that it shouldn't be limited to a material/financial advantage. He wrote that the section "is clearly aimed at preventing influence peddling in order to protect the public's confidence in the integrity and appearance of integrity of the government."

Cunningham also noted that while some patronage-based arrangements may not be covered by the Criminal Code, others that are part of ordinary government business could be viewed by the public as a breach of integrity in government officials. He said just because there are certain realities in how government conducts itself, that doesn't necessarily mean its acceptable. He wrote "just because this activity is one of politics' dirty realities does not make it any less odious, indeed criminal."

REACTION

The O'Brien camp was visibly stunned by the verdict. Before the reading there was a lot of buzz and O'Brien himself seemed quite jovial and optimistic. As the verdict was read however, the mood in the courtroom (full of O'Brien supporters) turned much more somber.

The Defence took lots of notes. After the verdict was read one of the lawyers immediately went to speak to O'Brien and his wife; Edelson then came and they went to speak in another room for 20 minutes. Outside the courtroom, Debbie O'Brien was visibly upset.

When Edelson addressed the courtroom, he was much more subdued. His voice was much quieter and almost hard to hear; something that hasn't happened before.

Edelson told the court he would need until mid week to decide how to proceed. He said he'd notify the Crown by Thursday whether witnesses would be called, and who it would be- including if O'Brien would take the stand.

Proceedings resume Monday July 6.