Mike Duffy trial: Appearance at fair cancelled over expense fees, ex-MP says

As Mike Duffy was being investigated by the RCMP, the suspended senator emailed former Conservative MP Gary Lunn, seeking confirmation that a planned appearance at a local fair in 2009 was cancelled at the last minute because an Olympic torch would be showcased, court heard.

In an email to Lunn in October 2014, Duffy wrote that he had "flown out to the Saanich Fair as you had requested but the last minute, my appearance at your event was dropped."

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The fair, attended by more than 100,000 people over the 2009 Labour Day weekend, hosted a number of agricultural and business-related booths, along with booths from all the major political parties. Lunn, member of Parliament for the riding at the time and also the minister of state for sport, was at the fair, and also had the Olympic torch at his booth to promote the upcoming Winter Olympics in the province. 

"My memory is you and your team decided that since you had the Olympic torch, my presence wasn't needed," Duffy wrote. "It was a last-minute call, but that's the way it is in politics."

The defence has argued that the more than $8,000 in expenses for the 2009 trip to B.C, which were billed to the Senate, were justified because Duffy's appearance was cancelled at the last minute.

Expenses won't be paid for fair trip

But Lunn testified on Friday that Duffy's appearance at the popular fair in Saanich was cancelled a couple weeks before the event because the electoral district association had decided it wouldn't pay for Duffy's expenses to attend. 

Duffy has pleaded not guilty to 31 charges of fraud, breach of trust and bribery related to expenses he claimed as a senator and later repaid with money from the prime minister's former chief of staff, Nigel Wright. The trial, which began April 7 in the Ontario Court of Justice in Ottawa, is into its 27th day. 

The Crown alleges that Duffy inappropriately expensed this trip and instead went to watch his daughter's theatre production in Vancouver.

Asked by Crown prosecutor Mark Holmes whether the draw of the Olympic torch meant there would be no need for Duffy to attend, Lunn said the opposite was true and that it would "be more of a reason to be there, not less ... they're both draws."

But under cross-examination, Duffy's lawyer Donald Bayne challenged the testimony of Lunn, claiming he gave conflicting statements in court and to police.

'They didn't ask me that'

Bayne asked Lunn why he never mentioned to an RCMP investigator in 2014 that Duffy's appearance had been cancelled because of the expenses issue. 

"They didn't ask me that," Lunn said.

"It's pretty relevant to why Duffy didn't come," Bayne said.

"I don't know if it's relevant or not," Lunn said.

Instead, according to a transcript of the interview, Lunn said only that Duffy didn't come because "it never came to fruition."

Bayne also grilled Lunn over another statement he gave to police, in which Lunn said he vaguely recalled his conversation with Duffy about possibly attending the fair. But in court, Bayne pointed out, Lunn said he clearly remembered speaking to Duffy about that event.

Lunn said when he was interviewed by the RCMP, he answered all the questions "to the best of my ability."

Lunn also said that having Duffy attend the fair was more of a casual arrangement and to say he was expected there would be too strong because nothing was locked in or confirmed.

But Lunn couldn't explain why some of the senior executives of the electoral district association testified they believed Duffy was coming.

Duffy's email to Lunn (to which Lunn said he never responded) was the second email entered into evidence this week that shows Duffy explaining his version of an event that had come under scrutiny by the RCMP. 

Earlier this week, court heard that Duffy had sent an email in 2014 to Andrew Saxton Sr., father of a Conservative MP, in which he thanked him for government-related information he received at a B.C. luncheon held two years earlier. That meeting was also under investigation by the RCMP for being improperly expensed by the suspended senator.