Date set for judge’s ruling on Applebaum’s motion

Former Montreal mayor Michael Applebaum is expected to find out on Sept. 12 whether a judge will grant a stay of proceedings to halt his trial, which is to begin in November.

Quebec Court Judge Daniel Bédard said on Friday that he’ll render his decision on Applebaum’s motion asking the courts to order the Crown to disclose more evidence against the former politician or, failing that, to stay the proceedings.

Friday was the second day of a two-day hearing that started on Monday concerning Applebaum’s newest motion.

Applebaum sat at the back of the courtroom with a notepad, as he has for other hearings in his case since his arrest in June 2013. He faces 14 counts of fraud, breach of trust and conspiracy relating to two development projects in the Côte-des-Neiges–Notre-Damede-Grâce borough, where he was a councillor and borough mayor before becoming mayor of Montreal.

On Monday, it was learned that Applebaum’s lawyer, Pierre Teasdale, is seeking to halt the trial before it begins by arguing that the absence of personal notes by a Montreal police officer of his once or twice weekly communications with a key witness against Applebaum — his former chief of staff, Hugo Tremblay — between April 2014 and May 2015 violates the accused’s right to mount a full and complete defence.

The Crown countered that while the absence of note-taking is a violation of disclosure of evidence, it doesn’t hamper Applebaum’s ability to mount his defence.

On Friday, the two sides faced off on a separate item that the defence is seeking to have the Crown turn over as evidence.

Teasdale wants the notes that a previous prosecutor in the case took during meetings with Tremblay over three days in the spring of 2015.

Crown prosecutor Corinne Girard argued the notes are privileged, or confidential, since they were written by a lawyer and were used to prepare for Applebaum’s preliminary inquiry in June 2015.

Teasdale countered that he’s questioning Tremblay ’s credibility as a witness.

Bédard examined the prosecutor’s notes during an in-camera session that lasted about 40 minutes, during which the defence and spectators were removed from the courtroom, and will decide whether any part should be disclosed to the defence.

Applebaum also presented a motion to stay the proceedings in May, claiming there was an unreasonable delay in getting to trial. A judge rejected the motion, but moved up his trial date to this November.