Decision on O’Brien motion set for Friday

The trial of Larry O’Brien is to reconvene for one day, possibly itslast, Friday morning as Judge Douglas J. Cunningham rules on a motionto dismiss the charges against the Ottawa mayor.

The trial of Larry O’Brien is to reconvene for one day, possibly its last, Friday morning as Judge Douglas J. Cunningham rules on a motion to dismiss the charges against the Ottawa mayor.

O’Brien is facing two criminal charges stemming from allegations that he offered Terry Kilrea a spot on the National Parole Board in exchange for Kilrea’s withdrawal from the 2006 mayoral election.

Defence lawyer David Pacaciocco earlier this month argued the charges should be dismissed because even if Kilrea’s allegations were proven, the political advantage to O’Brien from Kilrea dropping out of the race was an intangible one, and thus does not fit the Criminal Code definition of a benefit or reward.

Crown prosecutor Scott Hutchison argued that the removal of his rival from the campaign was “a direct concrete and explicit benefit accruing to Mr. O’Brien immediately upon the consideration flowing to him.”

Judge Cunningham adjourned the trial June 9 to consider the arguments, and is to reconvene at 9:30 a.m. Friday. If the defence motion to dismiss the case is unsuccessful, court proceedings could resume as soon as July 6.

 
 
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