A "very distressed" Councillor Brian Skakun confessed to fellow Councillor Debora Munoz that he leaked a confidential report to the CBC, Crown counsel Judith Doulis told a Prince George courtroom Tuesday.
The revelation came as the trial of the councillor, who is accused of violating provincial privacy regulations in a case many regard as the first of its kind in Canada, began in earnest this week. Skakun pleaded not guilty to the charge in Nov. 2009
Doulis described Munoz as a "critical" witness in the case, in which Skakun allegedly leaked the so-called Kitty Heller report that detailed what it described as a conflict of interest regarding the relationship between RCMP Supt. Dahl Chambers, then the commanding officer of the Prince George detachment, and Ann Bailey, the city's top civilian employee at the detachment. Court heard Munoz said Skakun leaked the report to the CBC in Aug. 2008 and told her he did it in Sept. 2008. She outlined her allegation in a meeting with then Mayor Colin Kinsley and city manager Derek Bates on Nov. 21, 2008, in which she also said Skakun slashed the tires of a vehicle, talked about suicide and made Munoz fear for her life.
"[These are] extremely damaging allegations," Jon Duncan, Skakun's lawyer, told the court.
Court would also hear Munoz shared her concerns with Councillor Murry Krause.
Outside of court, Duncan declined to confirm whether Skakun and Munoz were intimate at the time of the allegation but did characterize their relationship in 2008 as "very close."
Munoz's allegations would eventually lead to the RCMP tapping Inspector Ray Noble, fresh from a stint in Afghanistan, to conduct an investigation into the leak of the Heller report. Testifying Tuesday, Insp. Noble said he first met with northern B.C.'s most senior RCMP official, Supt. Barry Clark on March 26, 2009 and the next day met with Bates.
Insp. Noble testified Bates did not share the Munoz allegations with him but the city manager instead traced the leak to a copy of the report given to city councillors and staff for the May 12, 2008 council meeting. Upon Insp. Nobles' request, Bates provided him with a list of those whom may have had access to the document.
Insp. Noble agreed it became apparent early on that Skakun was the prime suspect in the investigation. He would go on to interview a veritable who's who of Prince George municipal politics including: Bates; Kinsley; then city clerk Don Schaffer; Kathleen Soltis, director of corporate services; Wendy Nordin, the city's policy initiatives manager; Munoz; Krause; then councillors Don Bassermann, Don Zurowski, Shirley Gratton, Sherry Sethen, Shirley Gratton; and the city's Rob Whitwham.
Insp. Noble said many interviewed feared the investigation would "open old wounds and expose the city to further embarassament." Some of the above are expected to be called by the Crown as witnesses in the case.
Insp. Noble did not receive statements from two parties: Skakun and the CBC's Betsy Trumpener, who informed the RCMP officer through the Crown Corporation's lawyer she would not be providing a statement, citing journalistic privilege against revealing her source.
He also interviewed Citizen reporter Frank Peebles, who first reported on the existence of the Heller report in April 2008. Peebles, who is also citing journalistic privilege to protect his source, told Insp. Noble Skakun did not provide him details of the confidential document.
Skakun's lawyer Duncan spent much of the session on Peebles' scheduled appearance and the omission of Peebles' statement in documents provided to the Crown. While he acknowledged the mistake was not a result of bad faith on the part of the Crown, he maintained he only learned of Peebles' statement Monday and that he needed more time to prepare to cross-examine the Citizen journalist, especially as he planned to test Peebles use of privilege to protect his source.
He also cited Peebles' testimony in asking Justice Kenneth Ball to rule on his application for a much wider disclosure of documents from the City of Prince George. He argued Peebles had some kind of access to the Heller report in April 2008, suggesting any leak investigation by the city would date to that month
That would contravene the statute of limitations of one year imposed under the regulation
Skakun is being charged with violating, Section 30.4 of the Freedom of Information and Protection of Privacy Act. Skakun was charged in August 2009.
Peebles' statement, the call for more documents from the city, and the statute of limitations made up only part of Duncan's elaborate defence. The lawyer told the court he must fight Skakun's case on two fronts: proving his clients innocence and simultaneously arguing that the councillor was justified in leaking the report because city officials turned a blind eye to contents of the Heller report and it was in the public's interest Skakun violated the act.
Outside of court, Duncan said more damning allegations Skakun has made in the past - that a combination of city officials, police and the Crown soft-pedalled a bribery case during the 2005 municipal election - would not be explored in the action.
Should he be found guilty, Skakun will not be given a criminal record and faces a maximum penalty of a $2,000 fine. However, there is a possibility a guilty verdict could result in civil actions and the case could have wider ramifications for how municipal government officials handle matters of privacy.
At the centre of the court action is the Kitty Heller report, commissioned by the City of Prince George, authored by the Vancouver labour lawyer of the same name and first revealed by the Citizen in April 2008. It detailed the romantic relationship between RCMP Superintendant Dahl Chambers, the then commanding officer of the Prince George detachment and Ann Bailey, the City's top civilian employee at the detachment.
The report concluded Chambers and Bailey, who at that time were living together, were in a conflict of interest. Heller also criticized the city's Rob Whitwham for allowing the conflict to develop.
When it was reported by the Citizen, city staff had not acted upon it, six weeks after its completion and city councillors would not receive a copy of the report until June.
Supt. Chambers was transferred to Vancouver in Oct. 2008 after two RCMP investigations into his conduct over a separate workplace conflict involving three city employees. The Citizen learned Bailey moved with him.
Skakun first aired his concerns to the Citizen over the Heller Report in August 2008, saying the city should take action on the report, asking how much was paid to the Vancouver lawyer and calling for more scrutiny of Whitwham's role.
Whitwham did not comment at the time.
The Skakun case will be heard in two parts: Crown will present its side this week and Duncan will present his submissions on Dec. 7
The trial continues at 9:30 a.m. today.
