Michael Applebaum sentencing hearing: Son asks for compassion, Crown wants to send message

The sentencing hearing for Michael Applebaum on Wednesday heard pleas for leniency from the former mayor's tearful son and the family's rabbi, while the Crown asked the judge to make an example of him.

Last month,Quebec Court Judge Louise Provost found Applebaumguilty of eight corruption-related charges. The maximum sentence he could face isfive years in prison.

The charges pre-date Applebaum'sclimb to the Montreal mayor's office, relatingto two instances wherebribes were exchanged for bureaucratic favourswhen he was the borough mayor of Cte-des-NeigesNotre-Dame-de-Grce.

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Prosecutor Nathalie Klberargued that Applebaum's sentence should be "significant, but reasonable" and asked for less than the maximum: two years in prison,followed by two years'probation.

Sheargued the sentence should send a message toQuebecersthat there are consequences for Applebaum's actions.

As examples of jurisprudence, Klbercited the cases ofex-Liberal organizer Jacques Corriveau, who was handed a four-year prison term,and ex-lieutenant-governor Lise Thibault, who was sentenced to 18 months in jail.

Zajdelcase similar, defence lawyer says

Defence lawyer Pierre Teasdalecountered that hisclient was found guilty of acceptingkickbacks worth about $33,000 total far less than the roughly $7 million Corriveau was accused of pocketing, or nearly $430,000, in Thibault's case.

He suggested, instead, that the judge should hand down a suspended sentence ora 12to 15-month mixed sentence.

A mixed sentence would leave it up to the judge to divide that period into a combination of punishments, such as community service, probationor jail time.

Teasdale argued that Applebaum's case is closer to that of former Cte-des-NeigesNotre-Dame-de-Grce city councillor Saulie Zajdel, who was arrested in the same anti-corruption sweep as Applebaum and avoided serving jail time.

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The judge is expected to deliver her decision on March 30.

Son of former mayor: 'He seems defeated now'

The defence provided several character references in favour of a lighter sentence forApplebaum, including testimony from his23-year-old son, DylanApplebaum.

The university student choked up several times as he talked about life at home, describing how his father was loyaland how he's always been there for him.

"The way he's raised me and the values he's put in me, Icouldn't not be here," he told the court.

Dylan Applebaum lives at home with his parents, and he told the court how their family life has changedsince his father was found guilty.

"He seems defeated now," he said.

"Especially the last couple of weeks, it's been a lot more sad around the house. Less joking."

With prompting from the defence, he also listed his father's mental and physical issues. He described how Applebaum suffers from stomach issues specifically, colitis.

"Physically, he's not great, mentally, he's not great either."

Rabbi calls Applebaum 'abroken man'

During his testimony, Dylan Applebaum explained how much his family depends on his father.

"If my dad was to go to jail, it wouldn't just be affecting him."

He said his grandmother relies on her sonas a caregiver, and if the former mayor issentenced to prison time, Dylan Applebaumtold the court he'd have to consider dropping out of university to care for her.

Those sentiments wereechoed in aletter submitted to the court byRabbi Alan Bright, of Montreal's Shaare Zedek Congregation.

Bright calls Applebaum"a precious and devoted son to an elderly mother who so desperately needs him."

Bright, who has known the family for more than ten years, details thedrastic changes he's observed in Applebaum in the three years since his arrest.

"I can attest to the fact that the defendant has gone from an upbeat, zestful man ... a man who cannot say no to his fellow man regardless of religion, colour, race, rank, fame or fortune. Today that same man is a broken man."

He describes Applebaum as suffering from the pain of having failed his family, losthis dignityand forced to endure being shunned bythe public.

At the end of his letter, Bright begs Judge Louise Provost to show leniency in her sentencing decision, asking her to consider "his incarceration will serve no useful purpose to a man who is of no threat to anybody, other than perhaps himself, and has paid an exorbitant price for his actions."

Guilty of 2 kickback schemes

In January, Judge Louise Provostfound Applebaum guilty of eight out of 14 charges: fraud on the government, conspiracy to commit fraud on the government, breach of trust and conspiracy to commit breach of trust.

He is guilty of two counts ofeach charge one for each kickback scheme in question.

One case concerned a real estate development, which never went ahead, on Montreal's deTroieAvenue inCte-des-Neiges. The other was a management contract for theNDG Sports Centre.

Last month the defence said it would study the case carefully before deciding whether to appeal.

Judge found key witness credible

During the trial, the court heard about DVD boxes stuffed with cash and a meeting at whicha witness recalled Applebaum saying either, "Elections are very expensive," or "Elections aren't cheap," before he was encouraged to pay thousands of dollars in cash for a political fundraiser.

The case weighed heavily on key witness Hugo Tremblay, Applebaum's former right-hand man and political aide.

Tremblaytestified that it was Applebaum who taught him how to arrange illegal fundraising and solicit cash donations from real estate promoters.

The defence tried to shake the credibility ofTremblay, however, the judge said in her decision that she found his testimony "articulate and sincere."