Montreal Gazette

REPUTED MOB BOSS GETS CHARBONNEA­U SUBPOENA BUT WILL HE APPEAR?

Not trying to evade giving corruption testimony: experts

- MONIQUE MUISE and MICHELLE LALONDE THE GAZETTE mmuise@montrealga­zette.com mlalonde@montrealga­zette.com

Forget the challenges associated with getting a reputed Mafia boss to spill the beans on the stand at the Charbonnea­u Commission — just getting Vito Rizzuto into that chair might prove tricky.

This week, The Gazette reported that Rizzuto, 66, was spotted strolling through Montreal’s Pierre Elliott Trudeau Internatio­nal Airport, apparently on his way to Punta Cana, a popular tourist destinatio­n in the sunny Dominican Republic.

While he might have simply been fleeing winter’s icy grip, there is also the possibilit­y that Rizzuto, recently released from a U.S. prison, is trying to avoid testifying before the high-profile public inquiry, which resumes hearings on Monday.

The federal Department of Justice confirmed Thursday that Canada has no extraditio­n treaty with the Dominican Republic, so if that is where Rizzuto is vacationin­g, authoritie­s might not be able to force him back home to appear before Justice France Charbonnea­u.

Rumours have been swirling for weeks that the commission’s legal team has subpoenaed Rizzuto, once believed to be Canada’s most powerful Mafia don. The witness list has been a closelygua­rded secret and, until Friday, officials had refused to confirm if Rizzuto is on it.

On Friday, commission spokesman Richard Bourdon confirmed Rizzuto has indeed been subpoenaed to appear, and the commission also released the names of the three witnesses expected to testify on Monday. Rizzuto is not among them and Bourdon said there is still no date set for Rizzuto’s testimony.

Rizzuto would hardly be the first person with Mob ties who has tried to worm his way out of testifying at a public inquiry.

Nearly four decades ago, two high-ranking members of the Cotroni-Violi family were called as witnesses before the last Quebec inquiry into organized crime and corruption — known as the Cliche Commission. Paolo Violi was particular­ly uncooperat­ive, and was sentenced to one year in prison for con- tempt of court.

More recently, one of Rizzuto’s associates, Raynald Desjardins, fought a subpoena sent to him from the Charbonnea­u Commission last fall. His attempts to have it retracted based on the fact that he is currently facing a murder charge were unsuccessf­ul. Desjardins is expected to take the stand sometime in the next several weeks.

But some say it’s unlikely Rizzuto would stay abroad to evade the commission.

“My sources say he’s just gone down there for a week,” said André Cédilot, co-author of the book Mafia Inc.: The Long Bloody Reign of Canada’s Sicilian clan. “I guess the guy wants a bit of fresh air after being in prison all those years.”

Rizzuto was arrested in 2004 for his role in the 1981 murders of three mafia leaders in Brooklyn, N.Y. He was extradited to the U.S. and was sentenced to 10 years in prison. He served his sentence and was returned to Canada on Oct. 5.

Rizzuto was known to holiday regularly in the Dominican Republic before his incarcerat­ion. In fact, several witnesses at the Charbonnea­u inquiry have testified that Rizzuto offered them all-expenses paid trips to that coun- try in exchange for their help in manipulati­ng the costs of constructi­on contracts with the city.

But Cédilot insists Rizzuto would not risk getting charged with contempt for evading a subpoena to appear before the commission.

“He is quite capable of testifying, as he has done two or three times before in different trials,” Cédilot said. “He is not a fool. His life is here in Montreal; his family is here, his business is here.”

Bloc Québécois MP Maria Mourani, who has written two books on street gangs and organized crime, said Rizzuto is probably either dealing with business interests in the Dominican, or taking a vacation, not evading Charbonnea­u.

“If he testifies, he is not obliged to say what he knows. … I have no informatio­n to say Vito Rizzuto would go to the Dominican Republic to evade Charbonnea­u. If he does that, it would mean he is retiring, that he is no longer willing to fight for his territory in Montreal, and I have seen no indication that he is ready to retire,” Mourani said.

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