The first, and so far only, witness in the Mike Duffy Senate expense trial is continuing his testimony on Friday, having spent the last couple days going over the definitions of primary residence and "partisan" activities and how they relate to the rules of being a senator.
Mark Audcent, a former law clerk of the Senate, was called as the first witness by Crown prosecutor Mark Holmes, who examined him for less than an hour on Wednesday. But it's Donald Bayne, the lawyer for Duffy, who has spent most of the time with Audcent. (It's likely and expected that Holmes will want a chance to re-examine Audcent.)
This is the fourth day of the suspended senator's provincial court trial on fraud, breach of trust and bribery charges. Duffy has pleaded not guilty to all 31 charges.
Bayne has been using Audcent to try to bolster the defence argument that Duffy should not be punished for the Senate's vague rules.
For example, the Crown disputes Duffy's contention that his P.E.I. home is his primary residence and makes him eligible to claim meals and living expenses for his time in Ottawa.
Under questioning from Holmes, Audcent testified that while there is no one defining criterion within the Senate administration rules that defines residency, there are "indicators of residence." Those include physical presence at the residency, the place where his or her home is and where family lives, and where that individual votes, pays taxes and receives government and health service and has social connections.
But Audcent has admitted there are no definitions or guidelines in the Senate administrative rules that define primary residence.
The issue of partisan activities is also of significance to Duffy's case as the Crown has accused him of filing Senate expense claims for travel for personal and partisan reasons, unrelated to Senate business.
The photo signed by Prime Minister Stephen Harper and dated June 11, 2009, carries the message: 'To Duff. A great journalist and a great senator. Thanks for being one of my best, hardest working appointments ever.' (CBC)
Here again, Audcent agreed such partisan activities are in fact sanctioned by the Senate administration rules that state "partisan activities are an inherent and essential part of the parliamentary functions of a senator."
Therefore, Bayne reasoned, expenses incurred in relation to such activities should be reimbursed. To drive home his point about partisanship in the Senate, Bayne entered into evidence a photograph of Duffy and Stephen Harper at an event, with a signed note by the prime minister praising the now suspended senator.
The photo, dated June 11, 2009, was signed "To Duff. A great journalist and a great senator. Thanks for being one of my best, hardest working appointments ever." The message was signed "Stephen Harper."
Bayne used the photo, which was given to Duffy only five months after he had been named a senator, to suggest the prime minister was using Duffy for political, partisan activities and that taking part in these type of activities was expected.
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