The city has made changes to the way city council members handle confidential documents presented during closed-doors meetings, mayor Dan Rogers said Wednesday while testifying at the trial into whether city councillor Brian Skakun broke provincial privacy regulations.
"We have taken a different direction and changes with regards to how we handle closed material," Rogers said. "We have handouts that are provided for review and then handed back in rather than making them available online."
Skakun is accused of leaking the so-called Kitty Heller report to CBC, which posted a copy of the 31-page documunt online for one day, on Aug. 19, 2008.
Defence lawyer Jon Duncan will be using a "bifurcated" strategy in which the issue of whether Skakun did indeed leak the document will be dealt with first, and, if he did, whether or not he was within his rights to do so under the Charter of Rights and Freedoms.
After a short delay for another sentencing matter, Duncan spent the rest of the afternoon and a portion of the night cross-examining Rogers.
Rogers testified he obtained a copy of the Heller report from a campaign worker during his run for mayor in 2008. He said he informed the police he had a hard copy when questioned by RCMP Insp. Ray Noble and volunteered to give up his copy.
He told court he became aware previous council wanted an investigation into the leaking of the Heller report when he became mayor in the winter of 2008 and there was some question which provincial ministry would handle the probe.
He said the matter of the leak spoke to protecting confidentiality and added he had been taught a loose rule of thumb that councillors should be particularly careful when dealing with the issues revolving around "land, labour, law." He described the leak as putting the city "in hot water" and there were potential liability issues.
He testified Rob Whitwham had concerns over the unauthorized release of the Heller report but those concerns, which could have entailed legal action, were "mitigated." Whitwham was the city official criticized in the Heller report for his role in the conflict of interest that developed from the relationship between RCMP Supt. Dahl Chambers, then the commanding officer of the Prince George detachment, and Ann Bailey, then the city's top civilian at the detachment.
Duncan asked Rogers if Skakun gave him a set of documents and a letter regarding the treatment of various City of Prince George employees at the RCMP detachment on Aug. 31, 2009, days after Skakun had been charged.
Justice Ken Ball told Duncan he was concerned the letter, documents were "self-serving" on the part of Skakun.
Duncan would also question Rogers about a report outlining a possible public statement on behalf of the city that was presented in a closed council meeting. Rogers said council decided there would be no aciton on the report.
In follow-on remarks, Crown Counsel Judith Doulis wondered how such a report could enter the court record.
Duncan also told the court the city faced possible legal action from Ann Bailey in March 2009.
Rogers further testified he and Skakun "were friends for a long time." Under questioning from Duncan, he said Skakun told him about bribery allegations Skakun claims took place during the 2005 municipal campaign which RCMP, Crown counsel and the City of Prince George have not pursued.
He also testified he met with Skakun at a city restaurant in Sept. 2008. He said Skakun was "stressed" and wanted to take about the Heller report leak but the mayor told Skakun he did not want to hear anything "inappropriate."
At several points during Duncan's cross-examination, Justice Ken Ball wondered about defence lawyer's line of questioning, at one point saying, "It's relevant to something, I don't know what it is."
Duncan responded that he was building Skakun's Charter defence, in which his client claims he was justified in leaking the Heller report because it was in the public's interest.
The trial continues today.
