MFP probe could face challenges
The MFP report has been praised as a riveting work with literary sweep but it’s not clear how useful it might be in a criminal probe. The Monday release of Justice Denise Bellamy’s look into Toronto’s computer leasing scandal hasn’t triggered an investigation, and at least one lawyer says Ontario Provincial Police will want to find out what the chances of conviction are before launching one.
“ In a case like this, the police will think ahead,” said Brian Gover, who worked on the Walkerton tainted water inquiry.
Gover, who is now in private practice, said the OPP could start investigating potential MFP suspects for criminal wrongdoing at any time, but won’t until government lawyers determine what their chances in court are likely to be. The MFP inquiry, which was spread over three years and cost almost $20 million, looked into how city staff leased almost twice as much computer hardware and software as was approved in a $43 million deal authorized by council. The report suggested former city budget chief Tom Jakobek accepted cash from MFP salesman Dash Domi. That allegation could lead to a “ secret commissions” charge under section 426 of the Criminal Code, Gover said.
Following the release of the report Mayor David Miller said he would ask council this month to approve a motion calling in the OPP to investigate. The OPP did not return phone calls yesterday. But one challenge in a criminal investigation would be how much of Bellamy’s report could be used as evidence, Gover said.
“ Investigators can’t use testimony that’s been compelled from someone they’re investigating,” he said. But police could use testimony from other inquiry witnesses, which Gover said would give investigators a huge leg up.