Key developments:

  • Crown alleges Duffy’s improperly claimed expenses included $8,000 to see daughter’s play and trip to Peterborough, Ont., to buy a puppy
  • Defence says emails will show that Duffy was forced to accept a repayment “scenario†orchestrated by Nigel Wright and three senators
  • Defence argues that Duffy can’t be blamed on Senate rules that “lack clarityâ€

 

THE SCENE

The first day of the much-anticipated Mike Duffy trial started off with a lineup outside the Ottawa courtroom, with some journalists arriving to claim a spot as early as 4:30 a.m. Also spotted in the lineup: a few Senate staffers, curious university students and a class from John M‎cCrae Secondary School. An overflow room was set up in court to accommodate all the spectators.

Duffy did not speak to reporters as he entered the courtroom, although it seemed like he wanted to. “No, no, no, Mike we are going into court,†his lawyer said as they moved past dozens of cameras and microphones.

OPENING STATEMENTS

The Crown alleged that Duffy billed taxpayers for inappropriately claimed living expenses and personal travel, such as trips related to the birth of his grandchild, seeing his daughter’s play and buying a puppy. Prosecutors also argued that Duffy is “probably ineligible†to sit as a senator from Prince Edward Island, the province he represents in the Upper Chamber, because he has lived just outside of Ottawa for years.

In his opening statement, Duffy’s lawyer Donald Bayne essentially argued that his client was “singled out†and that he can’t be blamed for unclear and vague Senate expense rules and administrative errors. 

Bayne said the defence has sorted through thousands of emails and put together a chronological narrative -- gathered in a massive binder -- of what happened “behind the political façade†when the prime minister’s former chief of staff, Nigel Wright, wrote Duffy a $90,000 cheque to cover his disputed expenses. 

Bayne alleged that Wright, the Prime Minister’s Office and three senators forced his client to capitulate to what he called the “Duffy scenario†and a “lie for political purposes†that would allow the Senate to sweep the expenses scandal under the rug.

EVIDENCE

Among the exhibits tabled in court Tuesday:

  • Duffy's residency declarations
  • Scotiabank records
  • Travel expense claims ‎
  • Duffy’s calendar from 2009-2012‎

END OF DAY

Duffy left court at the end of the day, with a vehicle waiting for him on Elgin Street. He was followed by a crush of reporters, but did not say anything.

Duffy is expected to testify at some point in the trial.

The trial resumes Wednesday morning. The judge told the court Tuesday that he doesn't take many breaks.

ANALYSIS

Legal expert Carissima Mathen told CTV’s Power Play that although this is a political spectacle, we must remember that it is also a criminal trial and that the Crown is trying to prove a pattern of abuse of public money.

Mathen said it’s unusual that the defence immediately challenged a lot of the Crown’s factual premises in its opening statement. She said Bayne also clearly “gave notice†that Duffy’s team has a lot of information that could be potentially incriminating for others.