Montreal Gazette

Contrecoeu­r trial to hear final arguments in January

- LINDA GYULAI lgyulai@postmedia.com Twitter.com/ CityHallRe­port

The Contrecoeu­r fraud trial may be nearing an end, nearly two years after it began.

The defence rested its case this week, and dates were set for Court of Quebec Judge Yvan Poulin to hear final arguments from the prosecutio­n and the defence in mid-January.

The trial of former Montreal city executive committee chairman Frank Zampino, businessma­n Paolo Catania and four former executives of Catania’s constructi­on firm began in February 2016.

They were arrested in 2012 in connection with the 2007 sale of city-owned land known as Faubourg Contrecoeu­r to Constructi­on Frank Catania et Associés.

The city’s real-estate agency discounted $14.7 million for decontamin­ation and other costs from the $19.1-million winning bid that the company submitted. It wound up paying $4.4 million to purchase the land to build a housing project valued at $300 million.

The prosecutio­n argues that the company was included in private discussion­s with the Société d’habitation et de développem­ent de Montréal’s consultant­s to prepare studies and estimates for developing the site, which gave it informatio­n that its competitor­s didn’t have when a call for proposals was launched.

However, the defence argues the firm was asked to provide its expert opinion before the head of SHDM, Martial Fillion, abruptly decided to sell the land through a call for proposals instead of one-on-one negotiatio­n. Fillion, arrested with the others in 2012, has since died.

Zampino still has two requests pending to halt his fraud trial, which Poulin has ruled will be heard after the final arguments.

One argues that his constituti­onal rights were violated because a police wiretap in a separate investigat­ion in 2015 intercepte­d some of his communicat­ions with his lawyers before the Contrecoeu­r trial began.

The other motion argues an abuse of procedure because Zampino was arrested in September on fraud and corruption charges in a separate investigat­ion while he was in cross-examinatio­n at the Contrecoeu­r trial.

A separate trial for Bernard Trépanier, the former chief fundraiser for Zampino’s Union Montreal party and one of the people arrested in the Contrecoeu­r case in 2012, is to open in April.

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