Ottawa Citizen

Judge lifts ID ban on robocalls witnesses

Names of six Tory staffers who allege Sona bragged of involvemen­t in scandal are released

- GLEN MCGREGOR

An Ontario court judge has lifted an order that prevented publicatio­n of the names of six Conservati­ve party political staffers who alleged that former campaign worker Michael Sona claimed credit for the Guelph robocalls in the 2011 election.

At the request of the Ottawa Citizen, supported by two other media organizati­ons, Judge Celynne Dorval agreed to remove the ban that was placed on a sworn statement filed in May by Elections Canada investigat­or Allan Mathews.

The statement, called an Informatio­n to Obtain a production order (ITO), detailed interviews Mathews conducted with the six staff, who had all worked for Conservati­ve MPs or senators, in March 2012 — after the robocalls story broke.

The Crown had claimed the witnesses were concerned that they could lose their jobs if their names were publicized in connection with the politicall­y charged robocalls case.

Dorval said while she agreed there is a need to protect the privacy of witnesses, there was no evidence they were concerned about their employment or, as the Crown had also claimed, of harassment.

There is a real risk that witnesses will be deterred from coming forward because of publicity, Dorval said, but that isn’t sufficient to support a ban.

“This is true of any investigat­ion into significan­t offences, but the fear of publicity is not isolated to the pretrial process but to the entire process, including the trial,” she wrote.

She noted that the names of the witnesses would be revealed should the case against Sona to go to trial.

After Dorval’s decision was handed down Friday morning, Ottawa Citizen lawyer Richard Dearden — who conducted the cross-examinatio­n of Mathews in Wednesday’s hearing before Dorval — said “the publicatio­n of the allegation­s made by the six Conservati­ve Party staffers shines light on the issue of the independen­ce of this investigat­ion which is a matter of public interest.”

In these interviews, Mathews said the witnesses described conversati­ons they had with Sona in the weeks after the 2011 election about automated calls that directed voters to the wrong polling locations.

According to the witnesses, Sona admitted participat­ion in a scheme that sounded remarkably similar to media reports about the Guelph robocall, which investigat­ors had traced to someone using pseudonym “Pierre Poutine.”

The staffers named in the ITO are:

❚ Rebecca Dockstaede­r: Worked for Conservati­ve MPs Chris Warkentin and Rod Bruinooge. She now uses her married name, Rebecca Carleton.

❚ John Schudlo: Currently works as a special assistant to Warkentin.

❚ Mitchell Messom: Worked for Conservati­ve MPs Rob Moore, Steven Fletcher and Conservati­ve Senator Carolyn Stewart Olsen. He now lives in Nova Scotia.

❚ Tyler Barker: Worked for Stewart Olsen

❚ Benjamin Hicks: Worked in the Prime Minister’s Office but had left Ottawa when he was interviewe­d by Mathews. Now lives in New Brunswick.

❚ Conrad Johnson: Worked for late Conservati­ve Sen. Doug Finley and, later, as assistant at the Ottawa office of law firm Fasken Martineau with former PMO chief of staff Guy Giorno.

Sona was director of communicat­ion on the unsuccessf­ul campaign of Guelph Conservati­ve candidate Marty Burke. He is the only person charged in the robocalls case and faces up to five years in prison if convicted on the Elections Act offence.

Sona has denied involvemen­t in the calls and claims he has been scapegoate­d by the Conservati­ve Party.

Of the witnesses, Dockstaede­r provided the most damning allegation­s against Sona.

She told Mathews about a closed-door conversati­on with Sona in which he allegedly described “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,” according to the ITO.

Dockstaede­r also said Sona told her and a colleague that he paid in cash for a disposable phone and a Visa gift card, then obtained a list of phone numbers of Liberal voters from a friend who owed him a favour, the ITO says.

Sona “then recorded a message impersonat­ing Elections Canada,” Dockstaede­r told investigat­ors.

The scheme was part of a “juvenile competitio­n” with the Liberal campaign in Guelph, Dockstaede­r said, according to the ITO.

“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.”

Under cross examinatio­n this week by Dearden, Mathews said that he was contacted by Conservati­ve Party lawyer Arthur Hamilton and told that Dockstaede­r, Schudlo and Messom might have informatio­n relevant to his investigat­ion.

Hamilton was present for all the interviews with five of the witnesses. Hicks provided his informatio­n through a written statement.

Hicks also referred Mathews to Tyler Barker, who agreed to the interview only after talking to Hamilton.

“He seemed to be reluctant to be interviewe­d,” Mathews testified.

“I contacted Mr. Hamilton to see if he could assist in persuading Mr. Barker to be interviewe­d.”

Hamilton also helped Johnson during his interview by reading aloud responses he typed into a computer. Johnson has cerebral palsy and cannot speak — a detail that could not be reported earlier because it could identify him, in violation of the publicatio­n ban.

The original publicatio­n ban on the ITO has been varied twice with consent of both the Crown and defence, to allow publicatio­n of all the details save for the names of the witnesses.

The Canadian Broadcasti­ng Corporatio­n and Global News also participat­ed in the legal proceeding­s to rescind the publicatio­n ban.

Sona tweeted his response to Dorval’s decision Friday, saying, “It’s what I’ve been having to deal w for last year. And now they’re exposed to the same public scrutiny.”

One Twitter message he directed at Croft Michaelson, the federal Crown responsibl­e for his case.

“You lost today, Prosecutor. Better get used to it.”

He also tweeted a link to a music video of the song Nightmare by metal group Avenged Sevenfold, with the message, “John Schudlo, Becky Docksteadd­er, Mitch Messom, Ben Hicks, Conrad Johnson... next 6 months should be fun.”

Sona’s trial is scheduled for June 2014.

 ?? JEAN LEVAC/OTTAWA CITIZEN ?? Michael Sona, seen leaving the Ottawa Courthouse on Wednesday, claims he’s being scapegoate­d by the Tories.
JEAN LEVAC/OTTAWA CITIZEN Michael Sona, seen leaving the Ottawa Courthouse on Wednesday, claims he’s being scapegoate­d by the Tories.

Newspapers in English

Newspapers from Canada