No criminal intent proven against former councilor Magliocca: defense

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Calgary city council’s expense policy was so riddled with administrative deficiencies that it led to confusion over the application process, former city councilor Joe Magliocca’s lawyer said Friday.

Defense lawyer Aryan Sadat said Crown prosecutor Aaron Rankin had failed to prove criminal intent on his client’s part in expense claims for drinks and dinners with other out-of-town politicians.

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And Sadat pointed to an admission by current council member Sean Chu, who inadvertently included a parking ticket in a claim, as there would inevitably be errors in evidence.

“It shows that mistakes can and do happen,” Sadat said of Chu’s testimony, who testified on behalf of his friend and former council colleague.

“Not only with Mr. Magliocca’s office, but also with the offices of other city councilors,” the lawyer said.

“Mr. Chu’s testimony reinforces the defense’s argument that Mr. Magliocca’s conduct was within established guidelines . . . and any issues involved administrative misconduct rather than criminal conduct.”

Magliocca, 59, is charged with fraud and breach of trust by a public servant in connection with expense claims he submitted to conferences with local politicians across Canada in which he named individuals as beneficiaries of his generosity.

Several of these people said they had never met Magliocca.

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Rankin noted that there is no doubt that Magliocca engaged in “petty bribery” to the detriment of Calgary taxpayers by making false claims about fellow elected officials.

“The Crown submits that evidence beyond a reasonable doubt has overcome the presumption of innocence and that Mr. Magliocca should be convicted on both counts,” Rankin said in his written submissions.

Rankin said behavior like Magliocca’s could deter others from seeking public office.

“In a democracy, it is critical that people run for public office at all levels of government,” he wrote.

“It is well known that politicians’ reputations are damaged by a variety of negative stereotypes. When the means of committing a tawdry form of petty crime is to vainly assume the names of nearly 30 other public officials who are not at fault, there is a further unnecessary erosion of public trust in the integrity of public officials.”

Rankin said Magliocca intentionally submitted fraudulent expense reports.

“Mr. “Magliocca authorized expenditures that contained information that he knew the city was relying on and that he knew was false,” the prosecutor said.

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Rankin said the fraud and breach of trust charges were “related to expense claims for which he claimed to be entitled to reimbursement or to have legitimately spent the public’s money while dining, drinking, or drinking with people who testified.” had smoked cigars.” that they were not his guests.”

In total, Magliocca’s unwarranted expense claims totaled $3,903.73, he said.

Among those Magliocca counted as beneficiaries of his “relatively lavish meals and alcohol at public expense” and who denied their presence were former Mississauga mayor Bonnie Crombie, now leader of the Ontario Liberals, former Edmonton mayor Don Iveson , and Halifax Mayor Mike Brutal.

Judge Gord Wong will deliver a verdict at a later date, which will be set next week.

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X: @KMartinCourts

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