‘There’s a possibility of coming back tomorrow with Mr. Magliocca taking the stand,’ said defence counsel Aryan Sadat
Just a day after his lawyer indicated he wouldn’t be testifying in his fraud and breach of trust trial, former Calgary city councillor Joe Magliocca may be having a change of heart.
Defence counsel Aryan Sadat told Justice Gord Wong on Tuesday that he would have to consult with Magliocca overnight to determine if he wishes to further challenge the admissibility of a statement the accused made to an independent auditor.
Wong ruled Monday the statement, which wasn’t made an exhibit, was voluntary and therefore could be used by Crown prosecutor Aaron Rankin during any cross-examination of Magliocca.
But after Rankin indicated there is a case suggesting Sadat could argue Magliocca’s statement to the auditor was a compelled one in violation of his right to silence the defence lawyer said he would have to further consult with his client.
“The Crown has raised a particular issue, are you actually proceeding on that?” Wong asked Sadat, about whether he wished to make a Charter application over the information Magliocca provided to an auditor hired by the City of Calgary to investigate his expense claims.
“I need more time to make sure my client fully understands his rights,” Sadat told the Calgary Court of Justice judge.
“There’s a possibility of coming back tomorrow with Mr. Magliocca taking the stand.”
If the former council member maintains his wish not to testify then a Charter challenge to the auditor’s statement would be unnecessary as Rankin only asked that it be admitted for the purpose of cross-examination.
Magliocca, 59, faces charges of fraud and breach of trust by a public officer in connection with allegations he filed false expense claims for booze and meals for guests during official conferences.
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Rankin closed his case Monday after calling an independent auditor with PricewaterhouseCoopers, who interviewed Magliocca in 2020.
After Wong ruled Rankin could use the auditor’s interview to cross-examine Magliocca, Sadat indicated his client wouldn’t be taking the witness stand.
During Magliocca’s trial, which began two weeks ago, court heard from a parade of witnesses who were claimed to have been beneficiaries of the former Ward 2 councillor’s largesse.
Among them was former Edmonton mayor Don Iveson who said he was not in Laval, Que., on March 7, 2018, when a receipt included him on a list of people at a dinner at P.F. Chang’s restaurant for which Magliocca filed an expense claim.