RM of Sherwood councilor Tim Probe found not guilty in corruption trial

The former RM of Sherwood councilor Tim Probe was found not guilty of municipal corruption and breach of trust in a Regina courtroom on Thursday afternoon.

Probe’s reaction inside Court of Queen’s Bench was understated, but outside, he was outspoken in his vindication and plans for the future.

“If I’m allowed to go back on council, I’ll be back there next Wednesday,” Probe told reporters. “I will be back there without someone telling me I can’t be.”

Probe was accused of approaching Reeve Jeff Poissant and trying to convince him to take part in a vote-trading deal back in February 2016.

The allegations stemmed from a conversation at a coffee shop recorded by Poissant.

Court heard back in January the accused admitting to the conversation, but his lawyer argued Probe wanted to do what was in the best interest of the RM.

“The type of discussion that went on between Mr. Probe and Mr. Poissant was the type of discussion that go on between councilors or MLAs or MPs or congressmen or senators all the time,” defense lawyer Aaron Fox said. “As long as those discussions are taking place for legitimate purposes, then there’s nothing criminal about it.”

Probe says he’s also considering legal action of his own.

READ MORE: RM of Sherwood councilor Tim Probe takes the stand in corruption trial

BACKGROUND:

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.

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.

READ MORE: RM of Sherwood Reeve faces cross-examination in Probe corruption trial

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.

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.

With files from David Baxter and Cami Kepke.