Michael Applebaum's lawyer tries to cast doubt on testimony in corruption case - Action News
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Montreal

Michael Applebaum's lawyer tries to cast doubt on testimony in corruption case

In a corruption case that relies heavily on witness testimony, the defence team is arguing the witnesses shouldn't be trusted because they're trying to protect themselves by blaming wrongdoing on former Montreal mayor Michael Applebaum.

Ex-Montreal mayor, charged with breach of trust and municipal corruption, has always maintained his innocence

Former Montreal mayor Michael Applebaum vowed to clean up corruption at city hall, but he was soon caught up in a scandal of his own and arrested by police seven months into his tenure. (Paul Chiasson/The Canadian PRess)

In a corruption case that relies heavily on witness testimony, the defence team is arguing the witnesses shouldn't be trusted, because they're trying to protect themselves by blaming wrongdoing onformer Montreal mayor Michael Applebaum.

Defence lawyer Pierre Teasdale delivered his closing arguments before a Quebec Court judge on Monday at the Montreal courthouse.

Hetried to cast doubt on the prosecution's case, arguing itswitnesses blamed the ex-Montreal mayorfor asking for cash kickbacks because they believed it would "save their skin."

"Their first preoccupation is themselves," Teasdale told the court.

None of the five witnesses who were called to testify in the Crown's case against Applebaum facecriminal charges in connection to this case.

Several of them, including key witness Hugo Tremblay, admitted before the court that they participated in a crime.

Applebaumaccused of asking for cash kickbacks

The prosecution presented its closing arguments on Friday, following five days of Crown testimony about an alleged corruption strategy at the borough ofCte-des-NeigesNotre-Dame-de-Grce.

The defence elected to not call any witnesses.

Applebaum,former mayor of Montreal,faces 14 charges includingconspiracy, breach of trust and two forms of corruption: municipal corruption and fraud onthegovernment.

All the charges date back to his time as borough mayor ofCte-des-NeigesNotre-Dame-de-Grce, between 2006 and 2012.

Teasdale is expected to finish his closing arguments on Wednesday. After that,the decision and Applebaum's future will be in the hands of Quebec Court Judge Louise Provost.

If found guilty, Applebaum could face a maximum of five years imprisonment.

He has always maintained his innocence.

Michael Applebaum resigned from his position as the mayor of Montreal a day after he was arrested in June 2013, swearing, 'I have never taken a penny from anybody.' (Radio-Canada)

'Unreliable witnesses'

Teasdale argued on Monday that the prosecution failed to provide enough evidence to corroborate the testimony of Applebaum's former right-hand man, Hugo Tremblay.

"Doesoneunreliable witness plus three unreliable witnesses create one good witness?" he asked the judge.

"In my opinion, it only adds up to four unreliable witnesses."

He called Tremblayan "opportunist" and a "manipulator" and pointed out that in his testimony, the witness admitted to participating in the alleged strategy of kickbacks.

Teasdale reminded the court that it was Tremblaywho initiated one of the alleged kickback deals at the heart of the trial $25,000 in cash for the approval of themaintenance and management contract for the NDG Sports Centre.

The defence lawyer also questioned the friendly relationship that Tremblay maintained with police investigator Luc Lamy.

Earlier in the trial, the court heard that Tremblay and the investigator exchanged dozens of text messages, some of them about dinners out together, birthday wishes and movie recommendations.

Teasdale suggested it was far from the objective relationship an investigator should maintain with a key witness.

He reminded the judge that the burden of proof is on the prosecution.

"It's not sufficient to say the proof was not contradicted," he said.

"You have to be convinced beyond all reasonable doubt."

Crown argues her witnesses are reliable

In her closing arguments, Crown prosecutor Nathalie Klber acknowledged several discrepancies in the testimony of her witnesses. 'These are details from people's memories,' she said. (Radio-Canada)

Crown prosecutor Nathalie Klber spent most of Friday trying to persuadethe judge that her witnesses were reliable andtrustworthy and that any contradictions in their testimony were minor.

The prosecution's case relies heavily on the testimony of those witnesses, since there was no paper trail nor physical evidence linkingApplebaumto an alleged strategy of accepting bribesfor bureaucratic favours.

AnticipatingTeasdale'sclosingarguments,Klberacknowledged several discrepancies in the testimony of her witnesses.

Klberargued the contradictions actually add to her witnesses' credibility.

"These are minor details, but these are the details that suggest these are details from people's memories," she said.

She predictedthat the defence might suggest her witnesses have triedto pin the blame for everything onApplebaum.

However, Klber countered, the level of overlapping, corroborative detail in all the witnesses's testimony suggests they're telling the truth.