Ex-councillor's pension questions never answered, jury hears

The trial of former Saint John city councillor John Ferguson took a dramatic turn Wednesday when city manager Patrick Woods conceded that 30 detailed questions Ferguson had asked about the city's pension plan in 2006 were never dealt with.

"That question is not fully answered, I agree," said Woods about the first of the 30 questions he was asked about by defence lawyer Rod Gillis.

"Well it's only been six years," said Gillis.

The pension board is suing Ferguson for allegedly defamatory comments he made in 2005 and onward about the board's handling of the pension fund, which had a $47-million deficit at the time and has since ballooned to about $193 million.

Woods is also a member of the pension board.

Earlier this week, the Court of Queens Bench trial heard that city council had voted in June 2006 to let Ferguson ask any question he wanted about the pension plan to a group of pension experts.

Ferguson had been criticizing the administration of the city's deficit-laden pension plan and it was hoped the offer of expert advice would help satisfy many of his concerns.

Ferguson submitted a list of 30 questions to city staff to be forwarded to the experts, but Woods testified Wednesday that six weeks after making the offer to Ferguson, council reconsidered and cancelled the exercise.

Ferguson's pursuit of information is a central issue in his trial. The pension board has argued Ferguson made no attempts to inform himself on pension issues and simply made reckless and unsubstantiated accusations that wrecked the board's reputation in the community.

"Mr. Ferguson was repeatedly invited to examine any of the pension board documents and moreover meet with the trustees to satisfy his inquiries about the pension plan and promote a better understanding of it," the board argued in its statement of claim.

"The board contends and intends to prove that Mr. Ferguson, out of malice, refused to accept all of those invitations."News that Ferguson did try to gain information and was refused surprised even Woods.

He told the court on Tuesday he was certain the information requested by Ferguson had been compiled and delivered, but a review of municipal records overnight showed that never happened.

In other developments, Justice William Grant told jury members the trial, originally scheduled for six weeks is well behind schedule and may last for nine.

Some jurors were visibly upset with the news and lawyers for both sides promised to find ways to speed up the case.

They agreed to drop current city councillor and former pension board member Chris Titus from the witness list and consult on who elsemight also be struck.