NOT GUILTY

The verdict came in the form of a 21 page decision. In it, Cunningham surgically went through all the Crown's evidence and explained why it could simply not stand up to the test of "beyond a reasonable doubt."

Applause broke out in the courtroom as the Judge announced O'Brien was not guilty on both charges. The room was completely full and a second room had to be opened with a monitor to accommodate all the onlookers.

The evidence of Kilrea was a large focus of the decision, though Cunningham said it was not a credibility contest between him and O'Brien. At the end of the day, he said, he said "while I may not entirely believe either one of them, I an unable to conclude that I disbelieve Mr. O'Brien. Even if I were to find Mr. O'Brien's evidence did not leave me in doubt, (which I do not), the evidence of Mr. Kilrea with all its frailties, along with the other evidence I accept, leaves me with a reasonable doubt that Mr. O'Brien offered Mr. Kilrea an appointment to the National Parole Board in exchange for him withdrawing from the mayoralty race."

While MacLeod's evidence was expected to play a major role, Cunningham said her memory was just too vague. He wrote, " Ms. MacLeod's recollection of a brief; casual portion of her conversation is so imprecise that, through no fault of her own, I must assign it little weight. The various alternatives as to what might have been said by Mr. O'Brien give me real pause such that I cannot determine with any degree of certainty what was said and whether what was said related to something in the past or something that was ongoing. Nor can I conclude it was said in the context of someone looking after Mr. Kilrea or Mr. Kilrea pursuing an appointment on his own. It could just as easily have been a reference to Mr. Kilrea pursuing an appointment through Mr. Baird, something Mr. O'Brien has testified he encouraged Mr. Kilrea to do."


In regards to Sec. 121(d)(ii), Cunningham wrote:

"While I have some suspicions about the exact nature of conversation between these two men at 700 Sussex on July 12, 2006, I am left with a reasonable doubt that Mr. O'Brien, by pretending to have influence with the government, offered Mr. Kilrea this quid pro quo. He did not have influence with Mr. Baird. In fact, knowing of Mr. Kilrea's prior association with Mr. Baird, Mr. O'Brien encouraged Mr. Kilrea to meet with Mr. Baird directly. As I have previously stated, I believe Mr. O'Brien when he stated he was told in no uncertain terms by John Reynolds that to do so would be illegal and that he took that warning seriously."

As for Sec. 125(b, Cunningham wrote:

"It is the contention of the Crown that Mr. O'Brien solicited or negotiated with Mr. Kilrea with respect to an appointment to the National Parole Board in the expectation of a reward, advantage or benefit, namely, that Mr. Kilrea would withdraw from the race. As I have previously discussed, while at best I may have suspicions about what was discussed between these two men I cannot conclude beyond a reasonable doubt that the Crown has proved this charge. I am satisfied they discussed , the matter. As to who initiated the topic, I conclude it was Mr. Kilrea. Undoubtedly Mr. O'Brien wanted Mr. Kilrea to withdraw from the race. I have no doubt he encouraged Mr. Kilrea to pursue an appointment. He was walking a fine line, but for the reasons aforesaid, I am unable to conclude beyond a reasonable doubt that he committed a criminal offence"


Outside the courtroom O'Brien said the last two years have been difficult for him and his family and he is relieved the ordeal is over. On CFRA's Afternoon Edition with Rob Snow, O'Brien said he'll be back in the office Thursday morning at 9 am. He expects the next couple of days will be taken up with briefings. When asked if he still expects to run for mayor in 2010, O'Brien said he'll have to take the next 6 months to think about that decision.

And so after three months + a day, this chapter in Ottawa's history is finished.
I hope you've found this blog useful and insightful. Thank you for reading along.

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Verdict Comes Tomorrow

Justice Douglas Cunningham will deliver his verdict tomorrow (Wednesday August 5) at 10 am.

CFRA will have extensive coverage throughout the day starting with Madely in the Morning with Mark Sutcliffe at 6 am.

Live coverage from the Elgin St. Courthouse will begin at 10 am.

You can also get updates on cfra.com.