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The Columns Archive :: Ottawa Sun :: 2009 Columns Print this page   Send this page to a friend   Facebook Reddit Digg del.icio.us Twitter 
2009-08-06 O'Brien verdict: fallout and the future
 

Ottawa Sun
Published: Thursday, August 6, 2009

They're all on political trial now

“Both charges are dismissed.” With those long-overdue words from Justice Douglas Cunningham’s lips yesterday morning, Mayor (yes, Mayor) Larry O’Brien’s two year-plus ordeal and voyage through the criminal justice system is finally, and thankfully, over.

Not only for him, but for his wife, his two boys and their mother, and a cast of other family members, friends and supporters ... yes, me among them, despite my leaving his office over irreconcilable differences of style and strategic approach.

As for any chance of Crown appeal, forget it, this one is done like dinner. The judge showed more flexibility than a Cirque du Soleil acrobat by allowing hearsay evidence from witnesses and e-mails from a hard drive that was never the subject of IT-related forensic testing. I don’t think there’s a point of fact or error in law on which the Crown could successfully appeal.

Besides, any hint of appeal by the Crown would only fuel the fires of conspiracy theorists who believe local ambitious Liberal hands plotted with some at Queen’s Park to move this trial forward. While such speculation has the makings of a Ludlum or Grisham thriller, let’s leave it at that.

There are no real winners in this whole spectacle, only losers and besmirched innocent bystanders.

To start, O’Brien is likely out of pocket somewhere between $500,000 and $750,000 in legal fees.

And as for the agenda and actions of the Ottawa District Labour Council, or more specifically its leadership, I wonder if council head Sean McKenny took a vote or consulted the council’s 45,000 members before taking the issue to the authorities?

As for Terry Kilrea, well, given Cunningham’s remarks on his character, it may be wise that he dissuade himself of seeking elected office any time in the next, oh, millennium.

Turning to the OPP, I have no issues with Det. Sgt. Brian Mason or his colleagues. To me they are hard-working and decent officers. But the larger question has to be asked: Did anyone on the prosecution team review Kilrea’s political history? It is clear the mayor’s defence team did ... in spades! It was key to raising a multitude of issues which raised more than a few reasonable doubts in the mind of the judge.

Then there is the host of witnesses called by both sides who did nothing more than participate in the political process but who have had their reputations sullied.

Regardless of what you think of O’Brien’s record (or lack thereof) in office, no one deserves the scorn — much of it fictional fecal matter spewed by faceless, spineless bloggers with no moral backbone whatsoever to sign their names to their venomous bits and bytes of diarrhea — to which he, his wife and family have been subjected.

On the other hand, the mayor’s videotaped statement to police with its crude quasi-profanity was unbecoming. Yes, many politicos use colourful language, but his specific body part lexicon should never be employed by the mayor of Canada’s capital, publicly or privately.

Thankfully, this issue is, or should be, over for our city. Too many files have languished during this whole fiasco which deserve council’s undivided attention, from weekly sewage spills to the lack of anything representing even a first draft of a rudimentary economic diversification plan for our city and region.

O’Brien, as this city’s duly and legally elected mayor — by a healthy margin — can now return to work. The question which can be answered only by him and his 23 colleagues is if they can collectively act like this episode and trial is over.

The crass speculation and blatant posturing by a few councillors in the last few weeks as to their salivating what-if scenarios, re: A guilty verdict, and the deafening silence in response by the majority of their peers is not a good omen.

In this sense, they are now all on political trial with judgment due in November 2010.

 

 

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