Showing posts with label Ed Byrne. Show all posts
Showing posts with label Ed Byrne. Show all posts

06 January 2010

Mr. Walsh goes to jail

Former Liberal cabinet minister Jim Walsh will be spending a few months behind bars for his part in the House of Assembly spending scandal.

Judge David Orr sentenced Walsh to 22 months for fraud and 12 months for breach of trust.  The sentences will be served concurrently.

By contrast, former provincial Conservative leader, natural resources minister and government leader in the House of Assembly Ed Byrne got two years less a day for fraud and 18 months for breach of trust, also served concurrently, for his part in the affair.

Walsh is the only one of the politicians charged thus far who opted to plead not guilty and face a trial.  That likely had something to do with the sentence. The Crown recommended 18 months while the defence suggested no more than half that time to be served conditionally.

Former Liberal cabinet minister Wally Anderson was sentenced last year to 15 months for forgery and none months for breach of trust.

Former New Democrat member Randy Collins will be sentenced January 15.

-srbp-

07 September 2009

So what happened to the Chinese?

The year is 2004. 

The provincial government signs a secret deal with a group of companies – including one owned by the Chinese government – to discuss developing the Lower Churchill.

After questions are raised by local media about the company, the project quietly disappears.

What happened to the Sino Energy deal anyways?

-srbp-

24 April 2009

Freedom from Information: another missing report by Bill Marshall

Coincidence of coincidences.

Your humble e-scribbler mentions Bill Marshall in jest in a post that connects back to the whole Ed Byrne Tory-gate spending scandal.

As it turns out, on the very same day that Danny Williams decided to tell the world about the auditor general’s investigation of Ed Byrne back in June 2006  justice minister Tom Marshall released government’s response to the Lamer commission report into wrongful convictions.  Williams had known of the AG investigation since the middle of the day before he made it public, apparently, but that’s another story.

Anyway…

June 21, 2006.

Gee.

And right there in the middle of the release is an announcement that former cabinet minister and retired supreme court judge Bill Marshall would be running a review of the Crown prosecutor’s office, as Antonio Lamer recommended:
Establishing an independent review of the Office of the Director of Public Prosecutions is one of the recommendations Minister [Tom] Marshall [no relation to Bill] said government will implement immediately.  Commissioner Lamer recommends that an independent review be called to ensure that steps have been taken or will be taken to eliminate the "Crown culture" that contributed to the wrongful conviction of Gregory Parsons, and was also evident in the prosecution of Randy Druken. 
"This is an important recommendation on which government must act immediately and we are pleased that retired Court of Appeal Justice, William Marshall, will immediately head up the review," said Minister Marshall. "The review will be very thorough, independent and at arms length; it will examine resources, training, morale and the systemic issues identified in the report." [bold and italics added]
imageImmediately head up the review but not immediately finish the thing, as it turns out.

Just  a few weeks shy of three years after Bill Marshall immediately headed up the review into Lamer’s recommendation 18, there’s no apparent sign the work of the government’s favourite Grand Inquisitor is anywhere near done. [the link in the picture is dead]
 
Perhaps the former Supreme Court Justice and Tory cabinet minister has been too busy with another review, this one of inland fisheries

The second one was a sort of star chamber, since the whole thing was never announced. 
Indeed, government has never revealed either the scope of inland fisheries probe or when Marshall started work on it.  Opposition House leader Kelvin Parsons asked a question in the House about an access to information request that wanted to find out some basic stuff about the judge’s inquest – like how much it had cost so far – but the minister answered with a mere two sentences:
Mr. Speaker, with respect to the review being undertaken by retired Judge William Marshall, I believe the review is not completed to this point. Obviously, the information could not be disclosed until we have the results of the review.
That, dear friends, is all we know of that one.

So now we have it:

Two investigations.

Same guy, running both.

Zero results.

Unknown costs.

And it’s not like Bill Marshall isn’t popular when it comes to the current administration. 

Way back in October 2003, the guy who started campaigning for the premier’s job in the now infamous St. Barbe by-election appointed Bill Marshall as sort of a watchdog:
Bill Marshall, a recently retired Appeal Court judge and former PC cabinet minister, will act as the liaison between Williams and departing premier Roger Grimes. 

Liberals warned against new contracts 
Williams says the outgoing Liberal government should not make any plans for spending announcements. 

"I don't expect them to do that, "he says. "That would be irresponsible for an outgoing government that, no longer has a mandate to take those kind of actions. So, I'm trusting that Mr. Grimes and his government will do the honourable thing, and I expect them to do that."
The whole thing was just another of the nasty, mean-spirited, petty, small-minded, miserable  little insinuations about others that Danny Williams likes to make, as we have come to learn.

As it also turns out, the guy who started his latest political life as the Premier’s watchdog has, in his retirement, become a sort of Tory Torquemada – if you will plant your tongue firmly in cheek – ready, nay eager, to take on any investigation, inquiry or inquisition that needs to be done.

Too bad he apparently can’t finish them.

-srbp-

18 April 2009

More partisan business with public money ?

It appears the Provincial Conservatives fought two by-elections on the Great Northern Peninsula in 2001 with public money.

CBC News has already reported a payment of $3,000 to a party organizer for work on the St. Barbe by-election. There was another by-election at the same time in The Straits and White Bay North.

Following is another extract from the agreed statements of facts in the Ed Byrne case. This entry came under a section concerning double- and triple-billings for the same expenses.

Note in this case that the invoice involved is for almost $4,000 and covers what appears to be the lease of a helicopter from Canadian Helicopters on January 3, 2001. There may be other helicopter leases; in the agreed statement, note that the CHC officials is said to have confirmed only once invoice for a specific amount. There’s no discussion of other invoices and that’s likely because police investigators were looking for specific types of activities.

The by-elections in the two districts started on January 8, 2001 but the work to prepare was already well under way before that. The Tories had nominees in place by December 2000 and on January 3, 2001 they issued a news release for a nomination vote on the 10th of January.

Here’s that release, for the record, just to give an indication of the level of activity going on over the holidays in late 2000 and early 2001 :

PC nomination meetings in
The Straits & White Bay North

January 3, 2001 — The Newfoundland and Labrador Progressive Conservative Party and The Straits & White Bay North PC District Association today announced details of the nomination meetings to select the Party's candidate in the upcoming provincial by-election (for which the government has not yet set a date).

Voting will take place on Wednesday, January 10 between 5:00 p.m. and 8:00 p.m. at the following three locations:

  • the Vinland Motel at St. Anthony;
  • the May Flower Motel at Roddickton;
  • the Straits Development Association office at Shoal Cove East.

The three people seeking the Progressive Conservative nomination in The Straits & White Bay North are as follows:

  • Ford Mitchelmore
  • Ward Samson
  • Trevor Taylor

For further information, please contact Annette Genge, President of The Straits & White Bay North PC District Association at (709) 454-0062.

- 30 -

Now other than that by-election, there doesn’t appear to have been any opposition caucus activity at the time - other than related to the by-election - that might have warranted a helicopter charter for one day.

While we’ll keep digging into this to see if anyone will confirm the itinerary and other details for the charter, it seems a pretty curious coincidence in timing that CHC billed Ed Byrne, opposition party leader, for a helicopter at around the same time as everyone was gearing up for a by-election fight.

Byrne billed the flight to his travel and constituency allowance account, which he’d be entitled to do as opposition leader at the time the trip took place. Note as well, that in this section of the agreed statement the problem police pointed to was not that Byrne billed for the flight but that he billed for it more than once.

They weren’t as concerned with the propriety of the spending as much as the business of billing for the same service multiple times and thereby committing a fraud.

Here’s the extract from the agreed statement of facts:

Canadian Helicopters

72. On April 25, 2001, a travel and constituency allowance claim in the amount of $6,210.83 was submitted by Edward J. Byrne. One of the supporting documents attached to this claim was an invoice in the amount of $3,944.21 from Canadian Helicopters. The invoice was dated January 10, 2001, and the flight date was January 3, 2001. A recap dated April 25, 2001, shows that Edward Byrne received a payment of $6,210.83.

73. An undated travel and constituency allowance claim for the period May 1, 2001, in the amount of $25,086.86 was submitted by Edward J. Byrne. One of the supporting documents attached to this claim was a photocopy of the same invoice in the amount of $3,944.21 from Canadian Helicopters that had been submitted with Edward Byrne’s April 25, 2001, claim. A recap dated June 19, 2001, shows that Edward Byrne received a payment of $25,086.86.

74. On October 12, 2001, a travel and constituency allowance claim in the amount of $3,944.21 was submitted by Edward J. Byrne. Attached as supporting documentation to this claim was a photocopy of the same invoice in the amount of $3,944.21 from Canadian Helicopters which Edward Byrne had previously submitted on his April 25, 2001, and his May 1, 2001, claims. A recap dated October 12, 2001, shows that Edward Byrne did receive a payment of $3,944.21.

75. Upon review of the personal banking record of Edward Byrne seized from Newfoundland and Labrador Credit Union (NLCU), only one personal cheque of Ed Byrne in the amount of $3,944.21 being paid to Canadian Helicopters was located.

76. On October 12, 2007, Janice Tipple of Canadian Helicopters was interviewed.

Copies of the 3 invoices that Edward Byrne had submitted were faxed to her to review.

On October 16, 2007, Janice Tipple of Canadian Helicopters advised the investigators that that there was only one $3,944.21 invoice from Canadian Helicopters to Edward Byrne and that the others were duplicates.

77. Edward Byrne had in effect claimed and was reimbursed for this $3,944.21 invoice from Canadian Helicopters 3 times, resulting in an overpayment of $7,888.42.

-srbp-

16 January 2009

Simmonds nabs plea deal for Byrne

Former natural resources minister Ed Byrne pleaded guilty to two of the charges against him resulting from the House of Assembly spending scandal.

He pleaded guilty to a count of fraud and another to a count of fraud against the government. 

The Crown dropped other charges as part of a plea agreement worked out with Bryne through his lawyer, Robert Simmonds, Q.C.

Simmonds’ media scrum outside court is available here in ram format.

-srbp-

29 January 2008

Way Back

The Way Back Machine is a marvellous thing.

Marvellous that is, unless you happen to be the one whose words in the past are coming back to haunt you.

Like in these examples of politicians who said one thing at one time and then did another later on.

In 2000, to begin with Ed Byrne was leader of the opposition and a fellow highly critical of a contract between Newfoundland and Labrador Hydro and Hydro Quebec. The Guaranteed Winter Availability Contract (GWAC) was the only positive result of Brian Tobin's giant election scam in 1998 in which he announced simultaneous development of the Lower Churchill and an expansion of the Upper while he was at it.

The full text of this NTV broadcast is at the end of the post, but just take a look at this bit:
As for the shareholder's agreement and the GWAC, Mr. Byrne believes that the GWAC will bring no revenue to the province and will instead be used to keep the Churchill Falls Labrador Company solvent.
He was absolutely right and it was known to quite a few at the time that the GWAC was essentially a plan to key Hydro in the black. Anyone who read the thing could see what was going on: Hydro recalled the maximum amount of power it was legally able to do under the 1969 Churchill Falls contract. Finding that it had no domestic customers for the power - quel surprise - Hydro then offered the power for sale to Hydro Quebec which picked up the same block it had just relinquished but at a substantially higher price than under the 1969 contract.

But the Way Back Machine also revealed another statement by Byrne, this one in 2004 after the fellow was named energy minister. Suddenly, GWAC was a wonderful thing, on the occasion of its renewal. The fundamental premise of the whole thing was the same, but perspectives change when one is making the announcement.

At the end of that same release, though is an even more interesting comment, this time from the Premier:
"This contract is a step in the right direction in helping this government meet its financial obligations," said Premier Williams. "Yet, we know we cannot balance our books on revenue growth alone. This is an important but small part of the solution."
Of course that's exactly how the books were balanced, by relying solely on revenue growth resulting almost entirely entirely from high oil prices.
-srbp-
Ed Byrne On Churchill Falls

December 12, 2000


The day after Hydro officials released contracts signed between this province and Quebec over the Churchill Falls agreement. P.C. leader Ed Byrne was quick to respond.

On Monday, Newfoundland Hydro gave the media a briefing of two contracts signed in 1998, the guaranteed winter availability contract and the shareholders agreement. Hydro did not release a third contract, the 130 megawatt recall contract, deeming its contents too commercially sensitive. That strikes Ed Byrne as curious, since Hydro had no difficulty releasing the fact that it made $65 million profit from the three year contract - for Mr. Byrne, given that revelation, the 'commercially sensitive' excuse rings hollow. He says if Hydro won`t release the contract, it should be subject to a review by the Auditor General.

As for the shareholder's agreement and the GWAC, Mr. Byrne believes that the GWAC will bring no revenue to the province and will instead be used to keep the Churchill Falls Labrador Company solvent. And further still the shareholders agreement gives Quebec the run of CFLCO, by granting the minority shareholder the power of veto.

Ed Byrne says its time to stop the piecemeal revelations of details of the Churchill Falls contracts, details the province and Hydro defend vigorously, and he condemns as another historical resource giveaway.

The P.C.s will now push a motion in the legislature to have the contracts referred to the public accounts committee, where they can be subject to still closer scrutiny.