A former British Columbia legislature has dishonestly demanded the cost of work clothes and received a fake payment, a judge said Thursday, finding Craig James guilty of fraud and breach of trust.
Associate Chief Justice Heather Holmes of the Supreme Court of British Columbia said James had violated the standard of conduct expected of him in his public position in a “serious and emphatic way” when asking for the cost of shirts, ties and suits purchased in Vancouver and London in 2018.
“And he knew it would deprive the legislature of funds that should not have been reimbursed to him,” Holmes said of nearly $ 1,900 in clothes that James claims are chamber clothing. “His goal was dishonest, to benefit society.
But because the allegations of breach of trust and fraud were linked to the same set of evidence, the judge ordered the charge of fraud dropped, telling James that no verdict would be handed down, despite the finding of guilt.
There will be a conditional suspension of the fraud charge, Holmes said.
James was acquitted on three other counts of breach of trust related to a $ 258,000 pension benefit that Crown prosecutors say he received illegally by taking advantage of weak policies.
He was also found not guilty of fraud in the purchase of a wood splitter and trailer, which were kept at his home and which James said were purchased for emergency preparedness in the legislature. The Crown argues that they would be useless for this purpose.
Neither James nor his lawyers spoke out of court after the judge’s decision. The sentencing date is expected to be set on May 26.
James was removed for pay in November 2018, along with then-Sergeant Gary Lenz, following allegations of abuse that led the RCMP escort to leave the British Columbia legislature.
Lenz was not charged and initially asked to be reinstated, but later said he would retire.
James’s defense team told the court that their client could not personally win from any of the charges and that some financial decisions were based on subjective views in the absence of a clear, written policy.
Defense attorney Kevin Westel said during the trial that the wood splitter and trailer were purchased in 2017 after discussions about the need for emergency preparedness in the event of an earthquake or other natural disaster that requires wood, rebar and concrete to be cut. so the people in the legislature can be saved.
James took the equipment home after talking to others about the lack of proper storage in the legislature and speculation that leaving it in an area near the street could lead the public to use it as a garbage can, he said.
Westel said then-spokesman Daryl Plekas was the “head of the pyramid” among at least three others who approved the purchase of a wood splitter and trailer.
However, Crown Prosecutor Brock Martland argues that the role of chairman includes the responsibilities of the constituency, not the day-to-day running of the legislature, for which James is responsible.
Martland said that even if others failed, James had no excuse for behavior involving improper claims that should not have been made.
He said James had a “permanent misrepresentation issue” in the invoices for some items such as shirts, although he wore so-called “tables” in the legislature, similar to the attire of lawyers in some courts.
The allegations against James and Lenz were outlined in a January 2019 report by Plekas, which conducted its own confidential investigation, alleging that the two men spent money inappropriately on personal belongings, travel abroad, holiday pay and retirement benefits.
Beverly McLaughlin, a retired chief justice of the Supreme Court of Canada, was appointed in March 2019 to conduct an independent review of Plekas’ allegations.
McLaughlin said in a report published two months later that James had wrongfully claimed benefits, including expensive suits, travel abroad and a private life insurance premium for himself, and had used legal property, including a wood splitter.
She also said there was a lack of clarity in the legislature’s spending and administrative powers, but that Lenz had not been involved in the misconduct.
James announced his resignation following McLaughlin’s findings, saying in a statement that he had been “publicly ridiculed and denigrated.”
This report by The Canadian Press was first published on May 19, 2022.
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