The final arguments of the Senator Mike Duffy trial are being made this week; this will be of limited interest to American readers as none of your Senators have ever had moral failings let alone committed a crime, right?
Two weeks have been scheduled but, since the judge already asked for and received written submissions, it will likely be wrapped up fairly quickly. It seems the prosecution has already given up on the most serious charges, that of taking a bribe. Since the person who offered the bribe, Nigel Wright, was never charged with anything it is hard to imagine how the person who received it could be guilty.
Unlike certain sex acts, bribery is not a solitary occupation.
The next most serious charges are fraud and breach of trust. The fraud one is tricky – it requires that the Senator willfully and knowingly tried to defraud the government. With respect to his disputed – and since repaid with the Wright cheque – housing allowance one might accept that Senator Duffy was actually confused. He was appointed to sit as the Senator for Prince Edward Island, despite, he claims, telling the PM that he lived in Ottawa. The Prime Minister recommended him and the Governor-General, that is the Crown, appointed him. They must have thought he lived in PEI or that his residency was established somehow by the appointment.
Given that the money was repaid – as you would do if you made an honest mistake rather than a deliberate criminal act – it seems less that 50-50 that the Crown (yeah, the same one that appointed him) is going to win on this one.
The dodgy contracts and travel for party business may be the best bet for the prosecution. It seem likely that Mr. Duffy knew he was trying to pay for things that were definitely outside the purview of Senate business and set up a shell to cover these questionable expenses. The travel for political purposes is a little trickier since there was no doubt why Duffy had been appointed to the Senate in the first place – to shill for the Conservative party. No one in Ottawa thought it was for his public policy acumen so why should Duffy?
The big question is what happens if Duffy is convicted of any charges (and there is a slim chance that he might get off scot-free). He might get probation or even a conditional discharge, neither of which might trigger an expulsion from the Senate. One might think an honourable man would resign in those circumstances but there is a considerable difference between being called Honourable and being such.
That will leave it up to the Senators themselves. The rules permit the Red chamber to suspend (they already did this, remember) or even expel a Senator. But Pamela Wallin, who was suspended at the same time as Duffy and Brazeau but was never charged with a crime, is back in her seat and collecting her salary. None of her colleagues have said a thing about that. Would they – and here I mean the Conservative majority – be willing to further tarnish the legacy of the former Prime Minister by having this story dragged through the papers again? It will be fascinating to watch if it comes to that.
But that’s ten minutes.