The breach of trust and municipal corruption trial of RM of Sherwood councillor Tim Probe began Monday at Regina’s Court of Queen’s Bench.
The charges stem from allegations that Probe attempt strike a deal and trade votes with Reeve Jeff Poissant. Probe would have voted in favour of a proposed Suncor service station and Probe would vote against a motion to collect legal fees paid out to Probe, former Reeve Kevin Eberle, and former councillor Joe Repetski.
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In late 2014, Probe was reimbursed $49,999 in legal fees by the RM. This stems from the conflict of interest investigation into then Reeve Eberle and the proposed Wascana View development.
In September 2015, the Court of Queen’s Bench quashed the bylaw used to pay out the legal fees. On October 21, 2015, the RM of Sherwood council decided not to seek a reimbursement of legal fees. Probe and Repetski recused themselves from the discussion.
Ratepayer Gary Howland submitted a letter to council in early January asking them to seek a reimbursement of legal fees, along with a 112 signature petition. Howland appeared before council on January 13, 2016, to make his presentation.
During the presentation, neither Probe nor Repetski recused themselves from the meeting. The provincial ombudsman found them in conflict of interest in this matter last January.
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Further discussion on the repayment was tabled so council could seek legal advice.
On February 1, 2016, Probe and Poissant met to discuss council business at a Regina coffee shop. Unbeknownst to Probe, Poissant recorded this conversation.
When asked why he recorded the conversation, Poissant said he was personally recording all meetings in that time period to make sure his recollection of events was accurate.
The recording is approximately 90 minutes long, and the two can be heard discussing a wide variety of council business in a noisy restaurant. Parts of the discussion are inaudible due to background noise. Poissant testified that the digital recorder was in his jacket sleeve pocket, hung on the back of his chair.
Midway through the conversation, the topic discussion shifted to the repayment of legal fees and Suncor development. This is where Poissant alleged Probe made the offer to trade votes, a positive vote for Probe on Suncor in exchange for a vote from Poissant against repaying legal fees to the RM.
“I’m not going to do one without the other,” Probe can be heard saying on the tape.
Poissant was in favour of the Suncor development, but removed himself from the votes and discussions, because the potential build site was located on his parents’ property. Without Poissant, council was deadlocked in a three-three tie. A positive vote from Probe would move the project forward.
Poissant told the court Probe said it would cost the RM more than $250,000 in legal fees to recover that approximate amount paid out to Eberle, himself and other councillors.
Poissant said he understood that rationale, and would relay that message to other councillors.
Instead, Poissant told the court that he spoke with then RM Chief Administrative Officer Ron McCullough the next day. McCullough suggested they consult former Reeve and lawyer Neil Robertson. Robertson advised Poissant to report the matter to police.
Poissant turned his recorder over to the Regina Police Service Major Crimes Unit as evidence. Sgt. Darren McPherson reviewed the tape, and transcribed the audio as best he could over the course of a week.
McPherson said that attempts were made to enhance the audio so the conversation between Probe and Poissant could be heard more clearly. Those attempts were not successful.
On August 17, 2016, McCullough brought relevant documents to McPherson, including the code of conduct for the RM and a synopsis of meeting minutes for the Suncor deal.
McPherson told the court that Probe was arrested and charged on September 30, 2016.
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In cross-examination, Probe’s attorney Aaron Fox asked if another investigation was done into Probe such as wiretapping his phones. McPherson said no.
Copies of the recorded conversation were made on compact disc and the recorder was returned to Poissant a few months after it was given to police in February. Poissant said the recorder has since been destroyed in a truck fire.
In cross-examination, Probe’s attorney Aaron Fox went through the transcript of the conversation with Poissant. As the conversation took place two years ago, Poissant repeatedly said he could not recall certain aspects of the conversation.
Fox asked Poissant if he could understand sections McPherson labeled inaudible. Poissant said he could understand some sections. Fox asked if Poissant told police he could understand what was being said. Poissant replied that he did not share that information with police because it was not part of what he was asked to do.
The trial is scheduled to last until Wednesday. McCullough is scheduled to testify Tuesday.
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