Lolita 
The previous metropolis councillor is going through fees of fraud and breach of belief
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RCMP fast-tracked their felony investigation into former Calgary metropolis councillor Joe Magliocca to make sure he was charged earlier than final October’s municipal election, his lawyer alleges in courtroom paperwork.
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In a discover filed in provincial courtroom Friday in search of disclosure of RCMP communications involving his consumer, defence counsel Greg Dunn mentioned emails offered to him point out Mountie investigators have been cognizant of the pending vote.
And in in search of disclosure of additional documentation, Dunn mentioned it’s attainable extra info could possibly be the idea for him in search of a keep of fees of fraud and breach of belief filed towards Magliocca.
“Because of the affirmation that the RCMP have been cognizant of, and actually accelerated their investigation due to, the actual fact Magliocca was a candidate in a civic election brings into play the doctrine of abuse of course of and potential treatment of a keep of proceedings,” Dunn wrote.
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His courtroom submitting states he requested the Crown for disclosure of seven totally different teams of knowledge, together with “all communications, written or in any other case, between members of the RCMP with respect to the timing of Mr. Magliocca’s fees.”
Dunn additionally sought different communications, together with these between the Mounties and the Crown’s workplace with respect to the timing of the costs and when Magliocca could be compelled to look in courtroom, however the RCMP asserted solicitor/consumer privilege with respect to these.
Different paperwork have been asserted to be third-party data and never disclosable with out a courtroom order.
The interior police notes have been disclosed and “confirmed that the RCMP expedited or fast-tracked the investigation due to his candidacy within the impending civic election,” the lawyer mentioned.
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Dunn quoted two RCMP emails that have been disclosed to him in his utility.
One from final Sept. 13 learn partially: “So Magliocca introduced Friday that he was in search of re-election, so we’ve kicked issues into excessive gear to get into Crown’s arms ASAP.”
The second, from Sept. 28, mentioned: “This explicit file, that Dave has been engaged on, with a Breach of Belief situation that administration feels could be finest served fully within the arms of the Crown nicely earlier than the election.”
The lawyer famous Mounties issued a summons charging Magliocca on Oct. 8, simply 10 days earlier than the vote and put out a press launch at the moment saying the costs. The return date on his preliminary courtroom look was Oct. 15, simply seven days after the summons was issued.
“Because of the timing of the felony fees and the unusually fast return date, counsel for Magliocca grew to become suspicious that the RCMP or the Crown’s Workplace had made particular efforts to make sure that Magliocca was charged and appeared in courtroom earlier than the civic election,” Dunn wrote.
The lawyer will make his disclosure argument throughout pre-trial motions scheduled for Aug. 15 and 16.
Magliocca’s two-week trial on allegations he illegally made expense claims whereas on council is about to start subsequent Jan. 16.
On Twitter: @KMartinCourts
