TORONTO – A former Liberal premier’s chief of staff who was sentenced to four months in jail for a plot to wipe government hard drives has abandoned his appeal, but it’s unclear if he has served his time.
David Livingston, who was the top political aide to former premier Dalton McGuinty, was released on bail pending appeal after his sentencing in the spring.
But when reached by phone Tuesday, his lawyer refused to say if Livingston ultimately served that sentence after dropping his appeal.
Brian Gover also said he couldn’t comment on whether Livingston is currently under the 12 months of probation the judge also handed him, or has performed 100 hours of community service that was also part of his sentence.
Court of Appeal documents show Livingston abandoned the case in September and the court confirmed that in November.
In passing the sentence last year, Ontario court Judge Timothy Lipson said Livingston had directed the indiscriminate wiping of hard drives in the premier’s office in a deliberate effort at sparing the government embarrassment over its costly decision to scrap two gas plants ahead of the 2011 provincial election.
The document destruction occurred against express warnings from alarmed senior bureaucrats and amid deception by Livingston as to his real intentions, Lipson noted.
The conduct was “an affront to and an attack upon democratic institutions and values,” Lipson said.
Livingston was found guilty a year ago on two counts: illegal use of a computer and attempted mischief to data. The latter charge was stayed. The prosecution earlier withdrew a charge of breach of trust.
Livingston’s co-accused, former deputy chief of staff Laura Miller, was acquitted on all counts.
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