It 鈥渟trains credulity鈥� to think former prime minister Stephen Harper was unaware that his inner circle was working to cover up Sen. Mike Duffy鈥檚 controversial $90,000 payment, Duffy鈥檚 lawyer says.
In the wake of Duffy鈥檚 resounding acquittal last week, which included multiple scathing critiques of the former Prime Minister鈥檚 Office, Duffy鈥檚 lawyer, Donald Bayne, sat down with CTV鈥檚 Question Period for a candid one-on-one interview.
The conversation touched on Duffy鈥檚 life, his ongoing health problems, and whether Bayne thinks former chief-of-staff Nigel Wright should face criminal charges.
Duffy was cleared on all 31 criminal charges, including fraud and bribery, on Thursday, with Justice Charles Vaillancourt describing Duffy in his 308-page ruling as a credible witness.
But the judge questioned the credibility of Harper鈥檚 office over steps taken to cover up Duffy鈥檚 repayment, which involved Wright giving Duffy a personal cheque for $90,000 to cover the senator鈥檚 expenses.
鈥淐ould Hollywood match such creativity?鈥� wrote the judge, who called the scenario 鈥渄amage control at its finest.鈥�
Did Harper know?
Harper has repeatedly asserted that he did not know about any plans for anyone but Duffy to pay back the controversial housing and living expenses.
In an interview that aired on Sunday, Question Period host Robert Fife asked Bayne, a seasoned lawyer with more than 40 years of experience, if he believed that Harper knew nothing. Bayne replied: 鈥淒o I personally believe that? Having seen that? For what it鈥檚 worth -- and I鈥檓 a biased observer now -- no,鈥� he said. 鈥淚t strains credulity.鈥�
Bayne said he was prepared to cross-examine the then-prime minister, if he was called to court.
鈥淚 never knew if the former prime minister was going to be a witness in this case, and so I did prepare a cross-examination for him. And it would have referred to a number of the materials that I have,鈥� he said.
Senators were 鈥榳hipped鈥�
The trial was a major political story during the 2015 election, with widespread national interest. But Bayne said he never anticipated the case would 鈥渢urn into this.鈥�
鈥淚n fact, when I took it on, I got the emails and I thought I could put an end to this. I never thought there was a case here,鈥� he said.
Early on, Bayne held a press conference (something he says he 鈥渁lmost never鈥� does) in hopes of quashing the mounting scandal with a pointed message:
鈥淭his first cut on this -- the sensationalistic take of a corrupt Mike Duffy -- isn鈥檛 the true story here. And it鈥檚 not just me saying that; it鈥檚 emails and documentary evidence,鈥� he said. 鈥淭hat鈥檚 what the judge found at the end of the day.鈥�
Bayne said he thought senators would have had 鈥渂etter judgment鈥� than to rush to judge Duffy after the scandal broke. (He pointed to Sen. John Wallace and Sen. Hugh Segal as two senators who didn鈥檛 jump to conclusions.)
鈥淏ut for the most part, the great majority were stampeded -- maybe 鈥渨hipped鈥� is the word. I don鈥檛 know.鈥�
Should Wright face charges?
Bayne carefully measured his words when asked whether he thought Nigel Wright should face criminal charges.
鈥淚t鈥檚 hard not to come to that conclusion when you read the judge鈥檚 findings,鈥� he said.
Asked the question a second time, Bayne replied: 鈥淭hey鈥檝e already made their decision about and arrangements with Mr. Wright. And they did that long ago.鈥�
Bayne brought up one of the judge鈥檚 sharpest indictments of Wright from the ruling.
鈥淎s I recall, the Crown characterized Mr. Duffy, Sen. Duffy, in a certain way 鈥� corrupt, conniving, deceitful, manipulative, fraudulent, and this bribery scenario. And [the judge] said, in effect, that only applies accurately if you replace Mr. Duffy鈥檚 name with Mr. Wright鈥檚 and the PMO.鈥�
Duffy should get back-pay
Duffy was suspended from the Senate three years ago without pay. Bayne says Duffy鈥檚 salary over that time should now be paid back.
鈥淎bsolutely, they should give it back to him. They were wrong, the judge told them they were wrong. There鈥檚 a presumption of innocence in this county, and that鈥檚 a severe punishment,鈥� he said.
鈥淚t鈥檚 one thing to suspend with pay, pending the outcome of something. It鈥檚 another thing to suspend without pay, which is a presumption of guilt. 鈥�
When asked whether the Senate should pay for Duffy鈥檚 legal fees, Bayne replied: 鈥淭hey鈥檙e not going to do that, Bob.鈥�
It鈥檚 'past time' to clear Wallin
Duffy鈥檚 trial may be over, but several other senators still face charges related to involvement in the senate. Retired senator Mac Harb and Sen. Patrick Brazeau both face fraud and breach of trust charges and are expected to stand trial.
But Sen. Pamela Wallin鈥檚 case regarding travel expenses remains in limbo. Nothing has happened since the RCMP handed over its investigation to Crown prosecutors last year, and she鈥檚 never been charged.
Bayne says that it鈥檚 鈥渁bsolutely鈥� time for officials to announce that Wallin won鈥檛 be prosecuted and clear her name.
鈥淚t鈥檚 past time. And maybe there are people getting ready to do that now. My own feeling is they were waiting for this judgment. That RCMP investigation on Ms. Wallin was done a long time ago,鈥� he said.
Praise for Duffy, concerns for his health
Bayne offered praise for Duffy, whom he described as a 鈥渉umble and chastened man鈥� from the moment they met. He said Duffy remained quiet when the ruling was read and was likely caught up in emotions after years of public scrutiny.
鈥淗e and his wife have gone through a very difficult time, a difficult time emotionally,鈥� he said.
He also said that Duffy has been 鈥渕edically ill鈥� and that 鈥渢here are serious things going on with him.鈥�
鈥淗e鈥檚 tried to keep a brave face through it. It鈥檚 like when he walked away from the courthouse yesterday: he didn鈥檛 say a word. Part of me worries for him, health-wise,鈥� he said.
Asked if there was any takeaway lesson from the trial, Bayne pointed to the judge鈥檚 call for more oversight and transparency in Senate expenses.
鈥淲hen the judge was saying 鈥� there should be much greater probity over these relationships with services providers, and he, I gather, was looking at Mike Duffy and Mike Duffy nodded at him and said 鈥業 get it,鈥欌�� he said.
鈥淎nd that was a message to all senators, because clearly every senator had that degree of discretion over who he or she hired and when they travelled and where. There will be, one hopes, greater probity.鈥�
