OTTAWA - Former federal privacy commissioner George Radwanski says he was "ambushed'' by the auditor general's staff and never given a fair chance to rebut accusations of mismanagement in his office.
Radwanski, who quit his post under fire in 2003, now faces charges of fraud and breach of trust arising from a follow-up investigation by the RCMP.
But defence lawyer Michael Crystal wants the charges stayed on grounds that his client was denied procedural fairness.
Radwanski has told Ontario Superior Court he wasn't given an opportunity to make his case to Sheila Fraser's office until the report against him was nearly complete.
He maintains it was clear by then that officials had formed adverse conclusions and weren't really interested in his response.
He says they did not give him time to consult relevant documents or advise him of his right to legal counsel.
Crown attorneys say they won't use Radwanski's statements to the auditor general as evidence in the criminal case. But the defence says the police investigation flowed seamlessly from the initial findings by Fraser.
Radwanski's lawyer is also demanding that key evidence gathered by the Mounties be set aside because they collected it without a valid search warrant.
