Sunday, April 12, 2015
Why Wasn't Nigel Wright Charged in the Duffy Affair?
Ever since the trial of Mike Duffy began, I keep getting asked the same haunting question:
If Duffy is being charged with accepting a bribe, why wasn't Nigel Wright charged with bribing him by cutting him that $90,000 cheque?
And I have to explain that the RCMP has yet to explain that decision. But it seems that they didn't believe that Wright obtained any "personal benefit" from that blatant bribe to try to keep Ol' Duff from opening his big mouth.
And then I have to explain that yes it's true, and no I'm not insane, and since I'm not a lawyer, and legalese gives me headaches, I'm really glad to see that Democracy Watch is still demanding justice.
Today, Democracy Watch again called on the RCMP and Crown prosecutors to prosecute Nigel Wright, and PMO and Conservative Party officials who aided him, for bribing Senator Mike Duffy (instead of only prosecuting Duffy for accepting a bribe).
Democracy Watch also reaffirmed its plan to pursue a private prosecution if RCMP and Crown prosecutors continue to fail to uphold the law and cover up the reasons why Wright and others have not been charged.
And trying to explain to Canadians why they believe Wright and those other Cons in the PMO who were in on the deal should be charged:
In Democracy Watch’s opinion, the key legal measure for the prosecution is subsection 119(1) of the Criminal Code, which prohibits even offering (as well as giving) “corruptly” any benefit to any public official “in respect of” any action or inaction by the official in their capacity as a public official (even if the official never acts). This subsection also prohibits the public official from even attempting to obtain (as well as obtaining) the benefit. And under section 21 of the Criminal Code, it is a violation to aid or abet anyone in violating any prohibition in the Code, and under section 24 it is a violation to attempt to violate any prohibition in the Code.
Democracy Watch’s opinion is that to violate subsection 119(1) there does not have to be a “corrupt bargain” or a trading of favours between the person who offers or gives the benefit and the public official attempting to obtain or receiving the benefit. All that is needed for a violation is for the benefit to be given in a corrupt way (for example, in secret with a commitment to keep it secret), and for the benefit to be “in respect of” actions or inactions by the official.
Because although I can understand why the RCMP might hesitate to lay charges, faced with the unusual fact that Wright paid the bribe out of his own pocket.
When you boil that legalese down into ordinary English or Canadian, the facts seem clear to me.
Wright and his PMO accomplices may not have received a financial benefit. But they are all right-wing fanatics, they lived for their party and their depraved leader. So by protecting him and their party from scandal, they were helping to keep the Cons in office.
And by keeping their jobs, and their power, they were in fact giving themselves a personal benefit.
But of course it was probably another consideration that determined the RCMP's final decision. One that had nothing to do with subsection 119(1).
And that is because they surely knew if they charged Wright, the spotlight would inevitably come to focus on his shadowy boss...
And that could possibly bring down his government, they simply chickened out.
Or submitted to their Con masters...
The sinister right-wing extremists who are trying to turn this country into a police state.
And the good news? I wouldn't be surprised if Duffy's lawyer brings up the decision not to charge Wright when he gets a chance to cross examine him. Or if he also asks the RCMP to explain their decision. If only to reinforce his claim that his client was treated unfairly.
Which at the end of a trial which would by then have exposed the innards of the PMO, would make sure it ends with a bang.
So if the Cons had hoped that Canadians would lose interest in the trial as it went along, they would be sorely disappointed.
And the resulting explosion could rock Stephen Harper's foul regime to its very foundations, less than three months before the election.
And leave Great Leader in a very vulnerable position. Fiddling furiously for his survival.
Looking like a liar. Again.
Or just a ridiculous figure clinging pathetically to power...
And definitely good to go.
Isn't that a happy thought?
The more Stephen Harper gets dragged into the Duffy trial.
The easier it will be to destroy him...
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