Calgary choose will preside over Joe Magliocca’s legal trial

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He could also be “not directly” a sufferer of the alleged crime, however that gained’t cease Calgary provincial court docket Decide Gord Wong from listening to the trial of former metropolis council member Joe Magliocca.

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Wong on Monday rejected calls by defence counsel Greg Dunn to take away himself from his consumer’s case as a way to have an out-of-town choose assigned to listen to Magliocca’s trial subsequent January.

Among the many causes Dunn recommended Wong shouldn’t preside over the case was that the allegations towards Magliocca embrace that he defrauded Calgary taxpayers by inappropriately claiming expenditures whereas on council.

The lawyer additionally argued media protection of the case ought to imply the general public might need an affordable apprehension of bias towards his consumer if an area choose have been to resolve his consumer’s guilt or innocence.

However Wong stated neither of these arguments maintain any water.

“As a citizen of Calgary … a Calgary choose could be, in essence, not directly a sufferer and subsequently there needs to be an affordable apprehension of bias,” he stated in detailing the defence argument.

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“I’ve to say, that connection is kind of distant,” Wong stated.

“The identical might be stated for a lot of others.”

The choose notes shoplifters trigger retailers to must pay elevated insurance coverage prices which result in increased costs.

“I purchase issues,” he stated.

“Not directly, I’m a sufferer, however that’s not a foundation for cheap apprehension of bias. It’s simply too distant in my thoughts.”

As for pre-trial publicity, Wong stated Magliocca just isn’t the primary accused particular person whose title has appeared within the media.

“This court docket offers with instances on a regular basis with media protection and I see no cause why I needs to be contemplating this explicit case any in a different way than others.”

One argument Dunn raised was the very fact Calgary police farmed out its investigation of the previous councillor to the RCMP.

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However Wong stated there was a transparent potential battle for the Calgary Police Service if it seemed into the matter.

“It’s acceptable for the RCMP to be concerned on this … as a result of there’s a relationship between the Metropolis of Calgary and the Calgary police.”

In a separate software, Wong declined to make an order that six pages of RCMP inner communications be launched to the defence for a possible abuse of course of argument.

“Do these data someway present that members of the RCMP determined to expedite the submitting of the fees towards Mr. Magliocca to coincide with the election? In my opinion they don’t,” he stated.

Dunn wished the fabric to advance his argument the Mounties fast-tracked their investigation to make sure Magliocca was charged with fraud and breach of belief earlier than final fall’s municipal vote wherein the previous councillor was soundly defeated.

Wong is to rule Tuesday on whether or not the Crown must present additional particulars on communication between the prosecution workplace and the RCMP which the events are claiming quantity to solicitor/consumer privilege.

KMartin@postmedia.com

On Twitter: @KMartinCourts