The trial of a Prince George city councillor is set to start this morning, 14 months after he was accused of handing confidential documents to the media.
Brian Skakun faces one charge of breaking the Freedom of Information and Protection of Privacy Act. The charge, which allegedly took place on August 2008 and was levelled against Skakun one year later, is the first to be brought against anyone in B.C. under Section 30.4 of the act. Skakun pleaded not guilty in Nov. 2009.
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.
"I am so looking forward to getting into the courtroom, to tell people what all happened," Skakun said Sunday.
The case is expected to be heard over two separate weeks. Today marks the start of the Crown's submissions; Skakun, who was represented by Prince George lawyer Jon Duncan and lower mainland lawyer Leo McGrady, is to present his side on Dec. 7.
Over 20 witnesses have been subpoenaed in the case, including current and former city councillors as well as Citizen reporter Frank Peebles.
Council turned down Skakun's request to cover his legal fees. He set up defence fund to cover an estimated $30,000-$40,000 of costs.
Last November, Duncan told the Citizen Skakun's defence will revolve around the councillor's responsibility as an elected official to release the information.
Crown alleges Skakun leaked the Kitty Heller Report to the CBC in Aug. 2008. The 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, 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 then city manager 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.
