Ottawa Citizen

Sona a robocalls braggart: witnesses

Tory lawyer suggested Conservati­ve staffers be interviewe­d in Elections Canada case

- GLEN MCGREGOR AND STEPHEN MAHER

Campaign worker Michael Sona bragged of his involvemen­t in the fraudulent robocalls in Guelph, Ont., according to Conservati­ve political staffers who were delivered to Elections Canada investigat­ors by the party’s lawyer.

One of those witnesses, who remains a party staffer, only agreed to be interviewe­d after Elections Canada investigat­or Allan Mathews asked Conservati­ve party lawyer Arthur Hamilton to encourage him to come forward.

The allegation­s against Sona are contained in a statement sworn by Mathews in May and made public in August but still subject to a partial publicatio­n ban.

Justice Celynne Dorval on Wednesday lifted the ban on all but the names of the witnesses after the Ottawa Citizen, along with several media partners, went to court to challenge the ban.

Sona had agreed to completely lift the ban but the Crown wants the witnesses’ names withheld.

The Citizen, supported by the Canadian Broadcasti­ng Corporatio­n and Global News, were in court on Wednesday seeking to have the ban removed entirely.

Under cross-examinatio­n by Ottawa Citizen lawyer Richard Dearden, who represents the media organizati­ons, Mathews testified that he was contacted by Hamilton in March 2012.

Hamilton “phoned me and told me he had individual­s he believed relevant to my investigat­ion that he thought I should interview,” Mathews told the court.

Mathews said two of the witnesses came forward after they spoke “with MPs with whom they work who led them to (Conservati­ve party spokesman) Fred DeLorey, who led them to Mr. Hamilton.”

None of the allegation­s in the document, called an Informatio­n to Obtain a production order or “ITO,” have been proven in court.

In the document, Mathews described interviews with two staffers from an MP’s office on March 21, 2012 — a month after the Citizen and Postmedia News revealed that the robocall had been traced to a Conservati­ve voice broadcasti­ng company. The witnesses said Sona popped by the office about 10 days after the May 2, 2011, election, according to the ITO.

Mathews wrote that a young female staffer described how Sona closed the office door, “then went on to describe to us what sounded very very similar to the story that we’d been hearing about these robocalls. He went on to talk about how he had been involved in these robocalls.”

The woman said Sona told them he had purchased a disposable phone with cash, and purchased a Visa gift card, both of which would be untraceabl­e, Mathews said.

Sona got a list of phone numbers of Liberal voters from “a friend or acquaintan­ce of some sort that according to him owed him a favour,” she said, and “then recorded a message impersonat­ing Elections Canada,” according to the ITO.

Sona was motivated by a desire to get back at the Liberal party, she told investigat­ors.

“I guess there had been some kind of juvenile competitio­n between, you know, the campaign staff of the Liberal Party and the Conservati­ves,” the ITO says she explained. “And according to what Mike told us, he understood this was going to be his way of one-upping them or kind of having the last say.”

Later, Sona took the phone apart and scattered the parts so it couldn’t be traced, she told investigat­ors.

Her colleague, a young man, also recalled Sona taking credit for the deceptive call using a disposable phone, but his recollecti­on was not as detailed, the ITO said.

According to the document, another male witness, interviewe­d separately, told investigat­ors that soon after the election Sona also told him about using a burner phone registered to Separatist Street in Joliette, Que., which is the fictional address used by whoever registered the phone in the name of “Pierre Poutine.”

The witness said that after the story broke, Sona told him he’d “appreciate it if you didn’t talk to anyone about” their earlier conversati­on, the ITO said.

In April, Sona was charged with breaching the Elections Act, a violation that carries a fine of $5,000 or up to five years in prison. He maintains his innocence and says he is being used as a scapegoat by the party.

Court documents outlining the case contain no electronic evidence linking Sona to the call, so the witness statements appear to be key pieces of evidence.

Opposition critics have expressed concern over the fact that Hamilton sat in on the interviews and have accused the party of a widespread voter-suppressio­n scheme in the last election

During cross- examinatio­n, Mathews said Hamilton was present during the interviews in his capacity as Conservati­ve party counsel, not to represent the witnesses individual­ly. Mathews let the lawyer sit in on the interviews, he said, “because they presented themselves with him in tow.”

Pressed by Dearden, Mathews admitted that none of the six witnesses actually worked directly for the Conservati­ve party, but rather were pol- itical staff paid by the government.

But Mathews said he would have intervened if any of the witnesses expressed concern about Hamilton being there to represent them.

“Had that happened, I would have stopped the interview immediatel­y,” he said.

According to the ITO, a fourth witness, who was present for a meeting between Sona and the third witness, was reluctant to give evidence and said he could only vaguely recall that Sona had spoken of making “prank calls.”

The witness, who remains a party staffer, only agreed to be interviewe­d after Mathews asked Hamilton to encourage him.

A fifth witness filed a written statement saying that when he saw Sona at a restaurant in July 2011, Sona “gleefully boasted that he was aware of the chaos that ensued as the Liberals tried unsuccessf­ully to vote at incorrect voting stations.”

A sixth witness, who was also at the restaurant on that occasion, said in an interview with investigat­ors that Sona was “bragging” about his involvemen­t in the scheme.

In a separate investigat­ion, Elections Canada is looking at reports of fraudulent or deceptive calls in ridings across Canada. The Conservati­ves say Guelph is an isolated case.

The investigat­ion into the Guelph call remains open, and Mathews has stated in court documents that he suspects Sona did not act alone.

During oral arguments on the publicatio­n ban, Dearden told the court that little of Mathew’s affidavit should be considered because it is based on hearsay and double hearsay and selectivel­y quotes from interview transcript­s and Facebook messages that are not attached as evidence. Dearden said there is no reason to protect the names of the six Conservati­ve witnesses while the names of many other people related to the investigat­ion are not protected by the ban.

Not even Sona wants the name of those accusing him protected by the ban, Dearden told the court.

“He wants the public to know the names that were brought forward by Conservati­ve party lawyer Arthur Hamilton,” he said.

Crown attorney James Clark, however, said that the ban now covers only a very small amount of informatio­n — 12 words making up the six names. And, he noted, the ban would delay publicatio­n of the names only until the case goes to trial.

Clark said the Crown is worried about “mischief” on blogs and elsewhere online if the names are made public.

He said it’s a reasonable conclusion that “witness participat­ion” in the future could be affected if the names got out.

Dorval said she would hand down a written decision on the publicatio­n ban Friday morning.

 ?? PAT mcgrATh/OTTAwA cITIzen ?? Allan Mathews wrote that a female staffer described how Michael Sona described ‘to us what sounded very very similar to the story that we’d been hearing about these robocalls.’
PAT mcgrATh/OTTAwA cITIzen Allan Mathews wrote that a female staffer described how Michael Sona described ‘to us what sounded very very similar to the story that we’d been hearing about these robocalls.’

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