Magliocca had his lawyer call an old friend to give evidence, current councillor Sean Chu
In the end, former Calgary city council member Joe Magliocca decided not to take the witness stand in his defence on fraud and breach of trust charges.
Instead, Magliocca had his lawyer call an old friend to give evidence, current councillor Sean Chu.
And Chu told defence counsel Aryan Sadat he was vice chair of the Coordinating Committee of the Councillors Office, which approved member expenses and at times was required to fill in for the chair who had that duty.
“During my time as vice chair … I can recall at least three times I refused to sign other councillors’ forms to get approval,” Chu said.
“Because I saw problematic spending,” he said.
“By the way, I never refused Mr. Magliocca’s receipts.”
Chu said the claims he refused to approve involved questionable purchases.
“There was councillors buying expensive purse … mattress, and running shoes,” he said.
“Which I would never sign.”
Magliocca, 59, faces charges of fraud and breach of trust by a public officer in connection with expense claims he made for drinks and food for other members of the Federation of Canadian Municipalities while at FCM conferences.
Chu painted a picture of life on council as being long days for which you received no extra remuneration.
“We always joked we made minimum wage,” he told Sadat.
“You attend basically all events and all meetings.”
Sadat had told Justice Gord Wong on Monday he would not be calling Magliocca to the witness stand after the judge ruled admissible a statement the accused gave to an independent auditor before police investigated the case.
The statement was not made an exhibit, but Crown prosecutor Aaron Rankin wanted its admissibility decided on so he could use it during any cross-examination of Magliocca.
On Tuesday Sadat said he would have to reconsider whether his client might testify if the lawyer to make a Charter application that Magliocca’s statement was a compellable one in violation of his right to silence, but indicated Wednesday he would be making no such bid.
Under cross-examination, Rankin asked Chu about council voting to first seek an independent audit into Magliocca’s expense claims and then seek a police investigation.
Chu, who considers himself a friend of the accused, said he voted in favour of both motions.
“It was a political decision,” Chu said.
Rankin then asked Chu if he voted against his conscience, by doing what he considered a political decision.
“I never said anything about my conscience,” the witness said.
During the trial Rankin called a parade of current and former politicians who were listed on Magliocca expense claims but denied being beneficiaries of his largesse.
The case is back in court Oct. 11, for Sadat to call one more defence witness and for the lawyers to present final arguments to Wong.