It âstrains credulityâ to think former prime minister Stephen Harper was unaware that his inner circle was working to cover up Sen. Mike Duffyâs controversial $90,000 payment, Duffyâs lawyer says.
In the wake of Duffyâs resounding acquittal last week, which included multiple scathing critiques of the former Prime Ministerâs Office, Duffyâs lawyer, Donald Bayne, sat down with CTVâs Question Period for a candid one-on-one interview.
The conversation touched on Duffyâs 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 Harperâs office over steps taken to cover up Duffyâs repayment, which involved Wright giving Duffy a personal cheque for $90,000 to cover the senatorâs expenses.
âCould Hollywood match such creativity?â wrote the judge, who called the scenario âdamage control at its finest.â
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: âDo I personally believe that? Having seen that? For what itâs worth -- and Iâm a biased observer now -- no,â he said. âIt strains credulity.â
Bayne said he was prepared to cross-examine the then-prime minister, if he was called to court.
âI 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,â he said.
Senators were âwhippedâ
The trial was a major political story during the 2015 election, with widespread national interest. But Bayne said he never anticipated the case would âturn into this.â
âIn 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,â he said.
Early on, Bayne held a press conference (something he says he âalmost neverâ does) in hopes of quashing the mounting scandal with a pointed message:
âThis first cut on this -- the sensationalistic take of a corrupt Mike Duffy -- isnât the true story here. And itâs not just me saying that; itâs emails and documentary evidence,â he said. âThatâs what the judge found at the end of the day.â
Bayne said he thought senators would have had âbetter judgmentâ than to rush to judge Duffy after the scandal broke. (He pointed to Sen. John Wallace and Sen. Hugh Segal as two senators who didnât jump to conclusions.)
âBut for the most part, the great majority were stampeded -- maybe âwhippedâ is the word. I donât know.â
Should Wright face charges?
Bayne carefully measured his words when asked whether he thought Nigel Wright should face criminal charges.
âItâs hard not to come to that conclusion when you read the judgeâs findings,â he said.
Asked the question a second time, Bayne replied: âTheyâve already made their decision about and arrangements with Mr. Wright. And they did that long ago.â
Bayne brought up one of the judgeâs sharpest indictments of Wright from the ruling.
âAs I recall, the Crown characterized Mr. Duffy, Sen. Duffy, in a certain way â corrupt, conniving, deceitful, manipulative, fraudulent, and this bribery scenario. And [the judge] said, in effect, that only applies accurately if you replace Mr. Duffyâs name with Mr. Wrightâs and the PMO.â
Duffy should get back-pay
Duffy was suspended from the Senate three years ago without pay. Bayne says Duffyâs salary over that time should now be paid back.
âAbsolutely, they should give it back to him. They were wrong, the judge told them they were wrong. Thereâs a presumption of innocence in this county, and thatâs a severe punishment,â he said.
âItâs one thing to suspend with pay, pending the outcome of something. Itâs another thing to suspend without pay, which is a presumption of guilt. â
When asked whether the Senate should pay for Duffyâs legal fees, Bayne replied: âTheyâre not going to do that, Bob.â
Itâs 'past time' to clear Wallin
Duffyâs 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 Wallinâs case regarding travel expenses remains in limbo. Nothing has happened since the RCMP handed over its investigation to Crown prosecutors last year, and sheâs never been charged.
Bayne says that itâs âabsolutelyâ time for officials to announce that Wallin wonât be prosecuted and clear her name.
âItâs 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,â he said.
Praise for Duffy, concerns for his health
Bayne offered praise for Duffy, whom he described as a âhumble and chastened manâ 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.
âHe and his wife have gone through a very difficult time, a difficult time emotionally,â he said.
He also said that Duffy has been âmedically illâ and that âthere are serious things going on with him.â
âHeâs tried to keep a brave face through it. Itâs like when he walked away from the courthouse yesterday: he didnât say a word. Part of me worries for him, health-wise,â he said.
Asked if there was any takeaway lesson from the trial, Bayne pointed to the judgeâs call for more oversight and transparency in Senate expenses.
âWhen the judge was saying ⌠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 âI get it,ââ he said.
âAnd 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.â