Evidence hearings begin for former Moncton executive accused of fraud

A former Moncton economic development agency executive returned to court this week for hearings about evidence that may be used in his upcoming trial. 

Daniel Bard, 60, is scheduled to stand trial over six weeks starting April 22. He faces 19 charges that include fraud, theft and money laundering.

Some of the allegations date to when Bard was vice-president of investment attraction for 3+ Corporation between 2016 and 2018. It was a municipally funded business development agency for the Moncton region.

In 2019, CBC reported Bard was accused by several business owners and individuals of receiving hundreds of thousands of dollars in administrative and brokerage fees while working for the agency, but failing to deliver on promises, and then vanishing.

He was arrested in northwest New Brunswick in 2022 as part of an investigation into what RCMP described as "financial irregularities amounting to more than a million dollars."

On Monday, provincial court Judge Anne Richard began hearing applications about whether to allow certain evidence to be introduced at the trial. 

Defence lawyer James Matheson said they will allow the use of a statement Bard made to police after his arrest.

The hearing then turned to whether two surreptitious audio recordings of Bard, made by business owners, can be used. 

Saly and Clinton Davis testified Monday that they recorded the July 2019 meeting at a restaurant and then at Bard's home because they suspected he was doing something unethical or illegal.

"I wanted to document our conversations in the event that I may one day need them," Clinton testified. 

They said they gave Bard's company a $25,000 US payment in 2017 that was supposed to help grow their business, but had grown frustrated with delays by the time of the 2019 meeting.

The married business partners later went to the RCMP and gave police the recordings.

The two faced questions about why they recorded Bard without his knowledge, whether the audio was edited (both said it wasn't), and how the audio was given to police.

The audio, played in court, includes discussion of personal and business affairs.

Saly testified that a key moment she recalls from that meeting wasn't captured on the recording.

She said Bard gave them a cheque to return their initial payment. 

Both testified the cheque was in the wrong currency and when it was swapped out, it couldn't be cashed. Clinton testified they were never actually repaid.

A police witness is expected to testify about the recordings on Wednesday. 

It's unclear when the judge will issue a decision about whether to allow the recordings to be used during the trial.

The judge will also consider on Wednesday whether to allow a person to be an expert witness for the Crown.