Gomery grants publication ban on testimony
CTV.ca News Staff


Pre-empting a media frenzy, Justice John Gomery has granted a request for a partial publication ban on testimony from three key witnesses set to appear before his sponsorship program inquiry.

That means the man who ran the now-defunct sponsorship program and two former advertising executives will take the stand, but what they say won't make the news.

The ruling applies to the testimony of former bureaucrat Chuck Guite, and two former ad executives, Paul Coffin and Jean Brault.

All three are facing criminal charges in the sponsorship case, and their lawyers say the publication of their testimony at the inquiry could bias potential jurors when it comes to their impending criminal trials.

They are scheduled to begin in May, shortly after the three are set to appear before Gomery's commission.

In his decision Tuesday, the veteran Quebec justice agreed, saying that the intense media coverage could sway public opinion during the trials.

"Media reports of which I am aware refer to a high degree of public indignation at certain recent revelations in the evidence presented before the commission," Gomery said.

"Applying common judicial experience and common sense, these factors probably make it more difficult than previously to empanel an impartial and dispassionate jury."

The publication ban on live reporting of testimony will remain in effect until jurors are sequestered in the trials. Meaning Canadians will hear what is said in the Inquiry, but likely not before months have passed.

In the meantime, media lawyers will have a daily chance to challenge the ban.

At the end of each day, they will have a chance to convince Gomery of the merits of allowing the testimony to be reported.

And, other witnesses' testimony about the three will not be covered by the ban.

A fact Guite's lawyer Richard Auger says undermines the effort.

"It seems to me, that the whole purpose of the order is in some way compromised by not having it apply to other witnesses," he said.

Guite previously testified at the inquiry when it was being held in Ottawa. However, the hearings have since moved to Montreal, where media coverage is more extensive, and has garnered much more attention.

Tainted Jury

Media lawyer Mark Bantey said he was disappointed by Gomery's decision to implement the ban. He said a jury is able to render a verdict based solely on evidence.

"Members of the jury are intelligent people. They can set aside any preconceived notions.''

That same sentiment was heard on the street as well.

"It should be all laid out," one unhappy Montrealer told CTV News. "It's our money and we have the right to know what they did with it."

Aside from the publication ban, Guite and Coffin made three other requests of Gomery, all of which he turned down.

One was to hold testimony behind closed doors, without reporters or the public present. The two men also wanted a ban slapped on other witness testimony that could compromise the trial.

Another request was made to delay their appearance at the inquiry. Gomery said that would unduly delay the inquiry proceedings.

Gomery is leading the probe into what went wrong with the $250-million sponsorship program. More than a year ago, Auditor General Sheila Fraser reported that $100 million went to Liberal-friendly sponsorship firms for little or no work rendered.

Guite, Brault and Coffin are scheduled to appear at the inquiry next month.

Then at the beginning of May, Brault and Guite are to be tried together for allegedly defrauding the federal government of almost $2 million.

Coffin will face a separate trial at the same time, on charges he falsified bills for payments from the government totaling nearly $2 million.

Revelations from the Gomery inquiry have damaged the Liberals somewhat. Prime Minister's Quebec lieutenant, Transport Minister Jean Lapierre, acknowledged that in an interview Sunday with CTV's Question Period.

"I wouldn't want to go to the polls at this time... right in the middle of this,'' said Lapierre.

"People are judging us with a lot of cynicism.''

However, he wouldn't say if the inquiry would cost the Liberals more seats in Quebec.

"Let's wait 'til after this is all done. They'll realize that it's nobody in this government,'' responsible for the former sponsorship program, said Lapierre.