Justice Douglas Cunningham ruled Wednesday that testimony about conversations concerning an alleged job offer to former mayoral candidate Terry Kilrea would not be considered hearsay. (Francois Leclerc/CBC)The judge in the influence-peddling trial of Ottawa Mayor Larry O'Brien ruled Wednesday that the most recent testimony heard in the courtroom is hearsay, but it will be allowed in the trial to establish context.
Justice Douglas Cunningham, the trial judge, decided to allow several people to testify before making the ruling about what evidence would be considered admissible.
On Wednesday, Lisa MacLeod, the MPP for Nepean-Carleton, testified about a meeting she had with O'Brien in July 2006. She said O'Brien had told her that he was talking to Terry Kilrea about an appointment.
Terry Kilrea, O'Brien's opponent in the 2006 mayoral race, has sworn an affidavit saying he was offered to have his campaign expenses paid and help getting an appointment to the National Parole Board if he dropped out of the race.
O'Brien has denied making that offer.
When the Crown asked MacLeod what appointment she was talking about, she replied, "I believe it was to the National Parole Board."
Court began on Tuesday with a discussion about what information would be considered hearsay in O'Brien's trial.
Cunningham allowed John Light, Greg Strong and Thom Bennett to testify about their knowledge of alleged incentives offered to Kilrea before making that ruling.
John Light is an assistant to Nepean-Carleton MP Pierre Poilievre, Greg Strong is a former Calian vice-president and Conservative, and Thom Bennett is a Conservative Party fundraiser.
Light told the court Tuesday that Bennett and Strong told him about an appointment for Kilrea in phone calls in early August 2007.
MacLeod is the only witness, apart from Kilrea, to state she heard about the alleged offer directly from O’Brien.
The Crown had argued that it wanted the testimony admitted not for its truth, but to help establish that the Parole Board issue was discussed long after the original meeting between O’Brien and Kilrea вЂ" when O'Brien's lawyer, Michael Edelson, said the matter "died."
