Ex-politician, builder acquitted of fraud

MONTREAL • A high-ranking former Montreal politician as well as a construction industry magnate were among several people acquitted Wednesday in a fraud and conspiracy case involving a municipal land deal.

Longtime municipal politician Frank Zampino, entrepreneur Paolo Catania and four former executives of his construction company shook hands after the judge delivered his verdict.

They were accused six years ago in connection with the 2007 sale of city-owned land to build a housing project known as Faubourg Contrecoeur. All were facing fraud and conspiracy charges while Zampino and Catania also faced breach of trust accusations.

Authorities alleged the deal was rigged and Zampino used his influence to help Catania secure the sprawling property in the eastern part of the city for $4.4 million, a fraction of its assessed value of $19 million.

But the Crown’s case was dismantled by the judge in an 88-page ruling.

Quebec court Judge Yvan Poulin wrote that the Crown’s case, while voluminous, was circumstantial and fell short of proving the allegations beyond a reasonable doubt.

“The court reiterates that a criminal verdict must be based on tangible and concrete facts rather than on possibilities, probabilities or impressions,” Poulin wrote. “The public prosecutor must establish the culpability of each accused, and beyond all doubt. In this case, the evidence does not support that conclusion.”

The charges were laid in May 2012 and the trial took nearly two years to complete, with 63 witnesses and some 600 pages of documents.

Those on trial before Poulin were Zampino, Catania and four of his former employees: Andre Fortin, Pasquale Fedele, Martin D’Aoust and Pascal Patrice.

Three other people were arrested in connection with the case, two of whom did not stand trial.

Daniel Gauthier, a former Catania employee who ran an urban planning firm, pleaded guilty in February 2016 at the opening of the trial. Martial Fillion, former head of the municipal housing office, passed away shortly after his arrest, but was blamed for mismanagement in the transaction.

The final co-accused, Bernard Trepanier, is reportedly battling cancer and proceedings against him have been postponed.