Toronto Star

The Star’s view: A harsh verdict — on the Tories,

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By the end of Sen. Mike Duffy’s spectacula­r trial it was former prime minister Stephen Harper’s manipulati­ve Conservati­ve government, not Duffy, that felt the sting of a judge’s contempt. And rightly so.

Ontario Court Justice Charles Vaillancou­rt spared no scorn for the sordid machinatio­ns of the defunct Harper government and its “mind-boggling” bullying and deviousnes­s on Thursday as he cleared Duffy of all 31criminal charges in relation to defrauding the Senate, breaching the public trust and taking a bribe to repay expenses in exchange for his silence, in a sweeping vindicatio­n of Duffy’s claims of innocence.

Put simply, “there was no badge of fraud” in any of Duffy’s actions, the judge found. As the Star’s Tonda MacCharles reports, Duffy “reasonably believed” he was playing by the rules when he claimed a cottage on Prince Edward Island as his principal residence and submitted his expenses. Duffy sought out proper advice from Harper and others, and never “padded his pockets,” pumped up his expense claims or tried to deceive.

Yet even so, staff in the Prime Minister’s Office mounted a “shocking” and “ruthless” effort to make the political scandal over Duffy’s fitness to be a senator for P.E.I. and his spending controvers­ies go away, once embarrassi­ng questions began to surface. That damage-control effort, which Vaillancou­rt likened to “ordering senior members of the Senate around as if they were mere pawns on a chess board,” is “unacceptab­le” in a democracy, he said.

Certainly, it disgusted Canadians and helped to seal the Conservati­ves’ fate in the federal election.

For many, Duffy’s claim that his cottage in P.E.I. was his principal home, his acceptance of $90,000 from Harper’s former chief of staff, Nigel Wright, to repay disputed expenses, and the expenses themselves never really passed the political sniff test.

But Vaillancou­rt found no hint of criminal wrongdoing. He put a high value on Duffy’s credibilit­y and honesty on the stand; took note of the advice Duffy sought from Harper’s staff and the Senate as to whether he was entitled to his entitlemen­ts; and referenced the Senate’s notoriousl­y loose rules. Vaillancou­rt also noted the “unbelievab­le” pressure the PMO put on Duffy via a “steady stream of threats” to acquiesce to an “officially induced error” in accepting Wright’s cash.

The scheme, Vaillancou­rt said, “was not for the benefit of Sen. Duffy but rather, it was for the benefit of the government and the PMO. This was damage control at its finest.”

As the Star wrote at the time, while Harper maintained he knew nothing about Wright’s payment, the prime minister’s staff were all “good to go” with a shabby scheme to shield Duffy and the government from more embarrassm­ent, to mislead the public into thinking that Duffy had willingly repaid disputed expenses and to tamp down rising public anger over Senate spending abuses.

The PMO, if not the PM, conspired to keep the public in the dark about a secret payoff to a senator who they felt — wrongly — was abusing taxpayers’ money. At one point, the Conservati­ve party was prepared to use its own funds to grease this sleazy deceit.

In stooping so low, the Conservati­ves betrayed the public trust and debased their brand. They could not find their way to doing the right thing by letting Duffy make his case that his expense claims were legitimate, as they indeed were, and being square with the public. Instead, they resorted to subterfuge.

Duffy’s personal vindicatio­n in this sordid affair leaves wreckage in its wake. This political fiasco helped ruin the Conservati­ves’ re-election prospects, stained Harper’s legacy, tarnished the party’s image and humiliated and diminished the Senate itself. The damage hasn’t yet been fully tallied.

The Conservati­ves betrayed the public trust. They failed to do the right thing by letting Duffy make his case that his expense claims were legitimate

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