Key breach-of-trust charge at gas plants trial fizzles; two others in play
TORONTO — One of three charges laid against two former senior Liberal aides in Ontario’s politically explosive gas plants scandal fizzled Friday when the prosecution asked it be dismissed, while the defence urged acquittal on the other counts on the basis they failed to rise above the speculative.
The evidence, prosecutor Tom Lemon said in a surprise change of course, did not support convicting David Livingston and his deputy Laura Miller of breach of trust over destruction of emails related to the cancellation of two gas plants near Toronto before the 2011 provincial election.
“There’s no longer a reasonable prospect of conviction,” Lemon told Ontario court Judge Timothy Lipson.
Lawyers for the two top aides to former Liberal premier Dalton McGuinty then argued for a directed verdict — an acquittal without any defence evidence — on the remaining two counts, mischief and unauthorized use of a computer, a call that Lemon opposed.