The NDP also want Nicholson to ask Director of Public Prosecutions Brian Saunders to provide prosecutorial advice to police because the politically-charged claims of a false document and reimbursements to campaign donors exceed the scope of Elections Canada’s mandate.
Del Mastro, the prime minister’s parliamentary secretary, is currently under investigation by Elections Canada over allegations his campaign exceeded its spending limit then tried to cover it up. He denies he did anything wrong.
An Elections Canada investigator has also said in a sworn statement that a memo submitted in the campaign’s financial reports was “a false document.”
There are also new allegations from former employees of a Mississauga electrical contracting firm, owned by Del Mastro’s cousin, who say they were reimbursed for making $1,000 donations to the same campaign.
Deltro Electric Ltd. owner David Del Mastro says he asked employees and friends to donate voluntarily but denies paying any reimbursements.
None of the allegations has been proved in court.
The new claims mark a serious escalation beyond the original concerns about Elections Act violations, says NDP MP critic Charlie Angus.
“We started out with a story of overspending and now we’re into a kickback scheme and fraud and forgery issues,” Angus said Friday.
“These are really complex and serious allegations. Can you just go and buy an election in Canada? It’s about the government saying, ‘We take this seriously.’”
Angus says these matters appear to exceed the scope of the Elections Act that Elections Canada enforces.
The NDP will write to Nicholson next week to request that he, in his capacity as attorney general, refer the case to the Royal Canadian Mounted Police’s commercial crimes unit or other relevant law enforcement agencies.
The party will also ask that Saunders oversee the process and lay charges, if warranted. The DPP does not have its own investigative capacity and must rely on law enforcement agencies to probe complaints.
Angus notes the position of the director of public prosecutions was created by the Conservative government in the aftermath of the Liberal sponsorship inquiry for exactly this reason — an independent body to prosecute politically-charged cases.
When Harper promised to create the position at the start of the 2005-06 election campaign, he said it was needed because the sponsorship scandal showed politicians had too much say in the prosecution of other politicians.
“There’s going to be a new code on Parliament Hill: bend the rules, you will be punished; break the law, you will be charged; abuse the public trust, you will go to prison,” he said.
If Elections Canada investigators were to find evidence of wrongdoing in the Del Mastro campaign, new Commissioner of Canada Elections Yves Coté could make his referral to the DPP to decide on laying charges.
Asked for comment, a spokesperson for Nicholson said the public prosecution service operates independently, without interference from the government. Julie Di Mambro also said by email that Elections Canada is responsible for these matters.
Elections Canada has been investigating complaints against Del Mastro since shortly after last year’s election. The agency will not say whether it will broaden its probe to the claims from some Del Mastro donors, two of whom have produced a copy of the cheques from Deltro they say were reimbursements of their donations.
These donors have said they will to speak to Elections Canada if given immunity from prosecution, but the agency has not responded to the offer. Meanwhile, Del Mastro has posted a message on his website, promising his constituents that he would be cleared and blaming the investigation on an Ottawa company that had worked for him.
“As many of you may have heard, Elections Canada is currently looking into a complaint relating to my 2008 campaign. Elections Canada has a responsibility to ensure that elections in Canada are fair,” the message says.
“In this case, their job is to follow up on false complaints from a disgruntled former supplier who sued me unsuccessfully.
“While this is not an easy time for me or for my family, I will be fully exonerated.”
The supplier he cites is Holinshed Research Group, a company that says it did $21,000 worth of voter calls during the 2008 campaign. The company later filed a small claims suit over a separate contract. The litigation ended before any judgment because filing deadlines had passed.
Del Mastro’s official agent from the 2008 election, Richard McCarthy, is also under investigation by Elections Canada.
McCarthy told the Citizen that the investigator misinterpreted as a “false document” the handwritten note on Holinshed letterhead filed to the agency.
“That is not a letterhead. That’s a cheque stub. All it is a cheque stub,” he said.
McCarthy said he knew nothing about the reimbursement allegations.
“Funds were received and receipts were given to individuals but I don’t understand anything that’s going on in the media right now,” he said.
“Those are the operative words right there — allegations. None of it is true. I’m certainly not worried because I have not done anything wrong and I’m not aware that Dean has done anything wrong.”
Original Article
Source: ottawa citizen
Author: GLEN MCGREGOR
No comments:
Post a Comment