Del Mastro gets bail after night in jail
Conviction on breaking election law under appeal
PETER BOROUGH • After spending a single night in jail, former Conservative MP Dean Del Mastro walked out of the courthouse Friday, free on bail while he appeals his conviction for breaking the election law.
With consent of the Crown, Judge Drew Gunsolus agreed to bail of $5,000 with the condition that Del Mastro keep the peace and not leave Canada. He is still prohibited from running as a federal candidate for five years.
Prosecutor Nick Devlin told the court the Crown did not believe Del Mastro was a risk to the public and that the appeal filed by defence lawyer Leo Adler did not appear to be frivolous, so there was no reason to oppose bail.
Del Mastro’s wife, Kelly, and their baby daughter, as well as several other relatives, were on hand in the small courtroom to watch the bail application proceedings, which took about five minutes.
The night before, Del Mastro was jailed at the Central East Correctional Centre in Lindsay — a “super jail” that includes a maximum security wing.
He had been taken away Thursday from the courthouse in shackles after Judge Lisa Cameron sentenced him, adding a four-month conditional sentence of house arrest and 18 months of probation.
He arrived back at court Friday, again in handcuffs, saying, “It’s a beautiful day in Peterborough.”
Del Mastro was found to have overspent on his 2008 election campaign by about $20,000 by paying a votercontact firm to make calls on his behalf. He was also found to have exceeded his own personal contribution limit, and to have filed a false report with the Elections Canada.
On June 3, Adler filed an appeal that alleged numerous errors by Cameron in her ruling finding Del Mastro guilty of three charges.
The lawyer also alleged that the investigation by the commissioner of Canada Elections was “fraught with incompetence” and failed to obtain or preserve key evidence, such as the longdistance telephone records of the Crown’s main witness, Frank Hall, who ran the voter-contact firm.
Although Adler’s appeal was filed before Del Mastro was sentenced, it also alleges that Cameron did not properly consider the sentencing guidelines for first-time offenders and asks the appellate court for a lesser sentence.
At the sentencing Thursday, Adler asked Cameron to allow Del Mastro to work two days a week in Toronto during his house arrest. Adler said he had obtained a job there and would not be able to keep if he could not come to the city. Cameron agreed to the condition.
Adler declined to give more information about Del Mastro’s new job when asked by reporters, saying it was a private matter.
Because the Crown elected to proceed with the prosecution on summary basis, not as the more serious indictable offence, the appeal will be heard by the Superior Court of Ontario, not the Court of Appeal.
Del Mastro retained his MP pension when he resigned his seat in November. The threeterm MP had served as parliamentary secretary to Prime Minister Stephen Harper and sat on the House of Commons ethics committee before he was charged.
He later left the Conservative caucus to sit as an independent MP.
In another elections law case, former Conservative campaign staffer Michael Sona is free on bail while he appeals his conviction and nine-month jail sentence for involvement in misleading robocalls sent to voters in Guelph on the day of the 2011 election.
Sona served 13 days in jail in Milton before he was given bail and released.