Treatment of Harb case creates a Reasonable Apprehension of Bias

 [The Postponement of the Max Harb Trial.  An Injustice?]


….. Like Conservative Senator Mike Duffy, there happens to be a Liberal Senator facing similar criminal charges.  Who would have known that the Duffy trial would turn into the rambling inquisition that has happened?

For some reason, the Court has permitted the Duffy defense team to subpoena a stream of alleged witnesses that is consuming court time and providing fodder that is being used to discredit the Conservatives in the middle of an election campaign.

In the mean time, the criminal charges faced by Liberal Senator Max Harb have been suppressed until after the election. The courts should not permit themselves to be used as political toys.  In such cases, the public quickly can lose faith and trust in our courts.

A report in the Ottawa Citizen (June 01, 2015; David Reevely) quietly announced that Harb’s legal representative had abandoned the schedule court times and asked that the case be put over until a later date.  That date will likely happen after the Federal Election.

The Court and Department of Justice look very bad and (in fact) biased. Given the spectacle and attempts to impugn a constantly growing list of staff in the PMO, the unfairness in postponing the Harb trial certainly seem very unfair.  Could it be that our Courts are willingly allowing themselves to be used as political toys?

Duffy faces 31 charges under the Criminal (fraud and breach of trust) coming from police statements listing $90,000.00 of misappropriated tax-payers money.  Liberal Senator, Max Harb stands accused of misappropriating over twice as much as the allegations against Duffy.  The police allege that Harb had taken $231,000.00.

Harb and Duffy had both repaid the money taken. Harb has resigned and Duffy was suspended.

Given Senator Harb’s lengthy involvement with a Calgary based energy company and his numerous trips to Bangladesh concerning that firm, it is possible that the witnesses called eventually on the Harb matter will cast a very poor light on Liberal Party ….a much worse situation than the forays into the current PMO.  Harb served as a Member of Parliament as a Liberal prior to being appointed to the Senate.  His trips to Bangladesh took place while he was a Senator.  Harb had a reputation in Parliament as being prone to colourful comments.  His pending trial should be taking place concurrent to the Duffy case and there is no valid reason why the Duffy case was brought forward while the Harb case is being postponed.

The public needs to be able to see our court system as being beyond the reach of any political party.   The judge conducting the Duffy case is also assigned to hear and decide the Harb case.  Giving the way that Judge Charles Vaillancourt has permitted the Duffy case to become a spectacle, the same judge’s decision to postpone the Harb case begs some answers.

Madam Chief Justice, you need to intervene.  The spectacle of the Duffy case and this postponement of the Harb case create a reasonable apprehension of bias.  Justice must be seen to served.


Copyright   Thunderbird Rising 2015

The above article is copyrighted.  You may use, copy or distribute this article conditional on attributing your source (Thunderbird Rising) and the author (Lloyd Fournier)


2 thoughts on “Treatment of Harb case creates a Reasonable Apprehension of Bias”

  1. i have no training in law, so I have to ask this question. the duffy trial is a farce, bayne duffys lawyer is conducting a political trial with no relevance to the criminal trial and the prime minister is being tried without ever being charged with anything and a complete waste of taxpayers money, or is a crime being commited right before our very eyes, the theft of taxpayers dollars and could the rcmp be called in to investigate the lawyer for the defense, the crown attorneys and the judge himself in regards to this theft of taxpayers dollars. thank you for your time

    1. The RCMP is the complainant in this matter. It is their role to DEMAND that the Crown Attorney and the Judge stop this circus. It discredits our courts. The question asked beg answers so tha tMr. Bayne could avoid a charge of public mischief: (1) who is paying his fees (2) has he made political donations to the Liberal Party of Canada numerous times since 2006. (goes to motive)

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