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Chris Woodcock, ex-PMO top aide, 'uncomfortable' with attempt to drop auditor review of Duffy

As the third phase of the Mike Duffy trial wrapped up today, a former top aide at the Prime Minister's Office testified he felt "uncomfortable" that the PMO was attempting to get an independent auditor "locked in" to drop its review of the senator.

Mike Duffy trial wraps up until after the election

Key players leave court after Duffy trial adjourns

9 years ago
Duration 5:26
PMO staffer Nick Koolsbergen, lawyer Donald Bayne, Senator Mike Duffy and ex-PMO staffer Chris Woodcock leave the Ottawa Courthouse after the adjournment of the Duffy trial.

As the third phase of the Mike Duffy trial wrapped up today, a former top aide at the Prime Minister's Office testified he felt "uncomfortable" that the PMO was attempting to get an independent auditor"locked in"to drop itsreview of the senator.

The trial, which will resume in mid-November, heard more testimony from Chris Woodcock, a former director of issues management,who was grilled again by Duffy's lawyer Donald Bayne.

For the past few weeks, the Duffy trial has been monitored in person by NickKoolsbergen, the PMO's current director of issues management. Koolsbergen, dressed in a casual sweatshirt, declined to answer questions outside court on Tuesday about his attending the trial, but CBC News confirmed with Conservative Party spokesman Kory Teneycke that Koolsbergen is on leave from his PMO position and is working on the party's election campaign.

Bayne was asking Woodcock whether he was ethically concerned by some of the actions being taken by members of the PMO in regards to Duffy's controversial expenses.

The PMO hadcooked up a deal in which Duffy would admit he made a mistake with his living expenses, thought to be $32,000 at the time. In return, Duffy would have those expenses secretly covered by a party fund, have an audit into his expenses dropped and be ensured that he met the constitutional requirements of being a senator for P.E.I. as eligibility had become an issue for some senators at the time

Bayne asked Woodcock whether he was troubled ethically by this secret deal and thefact he was crafting media lines for Duffy that were misrepresentations.

Woodcock said that at the time it didn't seem significantor a misrepresentation, and that the focus was on repaying the expenses totaxpayers.

However, Woodcock said, with the benefit of hindsight, "I think that's a judgment call that I don'tnecessarily agree with today."

Bayne also askedWoodcock about a series of emailsregarding theDeloitte audit into the residency and expense claims of senators. Baynehas accused the PMO of trying to have auditors droptheirreview into Duffy in order tocontain the political damage.

'I was uncomfortable'

Bayne zeroed in on anemailfrom Patrick Rogers, who wasmanager of parliamentary affairs at the PMO, Rogers said he spoke with Conservative Senator IrvingGersteinwho had a contact at Deloitte.

"The stage we are at now is waiting for the Senator's contact to get the actual Deloitteauditor on the file to agree.The Senator will call back once we have Deloitte locked in," Rogers wrote.

Bayne asked Woodcock whether that caused him ethical concerns.

"I was uncomfortable," Woodcock said.

"Did you say anything?," Bayne asked.

"I did not," Woodcock said.

The trial, which began April 7 in the Ontario Court of Justice in Ottawa, is in the final week of its third phase. With more time needed, it was expected tobreak at the end of the weekuntil resuming again Nov. 18.

The Crown said it wasprepared to continue for the week and hadscheduled Gerald Donohue, a former colleague of Duffy's, to testify.

But Duffy's lawyerDonald Baynesuggestedan early adjournment, as Bayne'sstepmother is gravely ill. Baynealsosaid he was worried that if Donohue started testifying this week and the trial adjourned,he might not be able to cross-examinehimin November. Donohue'shealth isalso declining.

Ontario Court JusticeCharles Vaillancourtagreed to adjourn the trial early.

Duffyhas pleaded not guilty to 31 charges of fraud, breach of trust and bribery related toexpenses he claimed in 2013as a senator and later repaid with money from the PMO chief of staffNigelWright, Stephen Harper's right-hand man at the time.

Earlier, Bayne and Woodcockargued over whether Duffywas forced to accept thedealthat made him admit he may have mistakenly claimed living expenses.

Bayne referred to a police statement made by Woodcock in which he said that the PMO hadto force, convince and persuadethe senator to agree tothe plan.

When asked to clarify for the court what he mean by the the word force, he said it was interchangeable with the words convince, persuade or agree.

Mike Duffy leaves an Ottawa courthouse on Thursday, Nov. 19 after the first day of the fourth phase of his trial. (Lorian Belanger/Radio-Canada)

"The meaningthat you're trying to attribute to the word force is not the meaning that Iintended to convey. I intended to use persuade, convince. Allof those were the same concepts to mewhen Igave that answer."

But Bayne responded that there are lots of ways to force people.

"I'mnot suggesting that your team in the PMO got [Duffy] down on the floor and put a headlock on himand physically abused him. There are ways effectively toforce peopleto do things."

Bayne had previously zeroed in on the use of the word force when he cross-examined Wright, who had also told the RCMP in an interview that the PMO had discussed a plan that was "basically forcing" Duffy to repay expenses he claimed.

Wright saidwhat he meant by the term forcewas that he was requesting and persuading Duffy to repay his expenses.