Del Mastro complained this week that that he has no avenue to respond to Elections Canada’s allegations that he exceeded his campaign spending limit and attempted to conceal the paper trail.
“I’m dealing with allegations for which there is no process to clear my name,” he said at a press conference in Peterborough on Wednesday, again repeating that he hasn’t heard from the agency.
He later contacted the Peterborough Examiner to say that he would not meet with Elections Canada if a “cautioned statement” was required.
A cautioned statement is one given with a suspect‘s consent and with the warning that anything said could be used in court.
“It’s not a dialogue,” Del Mastro told columnist Kennedy Gordon. “It’s questions without a back-and-forth dialogue. I have to have a process.”
In June, Del Mastro’s lawyer released a letter he sent to Elections Canada, voicing concern that the agency would speak with his client only on a cautioned basis.
“I want to express our profound disappointment that Elections Canada is not prepared to have any open discussion with Mr. Del Mastro or any of his representatives in this investigative process,” Jeffrey Ayotte wrote.
But the manual used by investigators working for the Commissioner of Canada Elections specifically states that a suspect in an investigation must be cautioned if the case could end up in court.
“It is the policy of the Commissioner that official cautions should be read to a person if a statement or documentary evidence may be used against that person in a court proceeding,” the manual says.
The caution requires investigators ensure suspects know they have the right to remain silent and the right to legal counsel.
The caution is given to protect the suspects’ Charter rights, including the right against self-incrimination, the manual explains. The requirement was put in place to conform with Supreme Court precedents.
Only the commissioner himself, in special circumstances, can waive the requirement to caution suspects, the manual says. Official cautions are not required with witnesses who provide information against other people or when discussing purely non-substantive issues with suspects.
The caution investigators read before an interview requires them to make sure suspects know their rights and that they understand the investigators cannot arrest or detain anyone.
The investigators are also required to make sure that suspects know they will be given the opportunity to ask questions.
It is unclear why Del Mastro refuses to give a statement under this caution. He did not respond to an email seeking comment.
His lawyer, Ayotte, did not provide further information when pressed on this point by email either, but said he hasn’t heard from Elections Canada since he sent his letter.
According to court documents, Elections Canada suspects Del Mastro breached his campaign spending and contribution limits by giving a personal cheque for $21,000 to Holinshed Research Group for voter contact calls, a cost not disclosed in campaign filings.
Del Mastro insists all his documents were in order. None of the allegations against him has been proved in court.
Del Mastro has also denied any knowledge of alleged reimbursements that some of this 2008 campaign donors say they were paid by a Mississauga electrical company owned by his cousin.
David Del Mastro has denied reimbursing anyone for donations. He has not commented on copies of two $1,050 cheques from his company, Deltro Inc., that were obtained by the Citizen and that were received by two people who gave $1,000 each to Dean Del Mastro’s campaign two days later.
There is no sign Elections Canada is investigating the reimbursement allegations, which David Del Mastro claims originate with a disgruntled former employee.
Original Article
Source: ottawa citizen
Author: GLEN MCGREGOR
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