Mike Duffy trial delayed until Monday due to battle over evidence

The judge in Mike Duffy's Senate expenses trial has adjourned proceedingsfor the rest of the week in an Ottawa court to give the Crown and defence time to prepare arguments over the admissibility of a Senate committee report.

The Crown is arguing the report, which is already a public document, should not be considered evidence because, theCrown contends, its conclusions are hearsay.

• What's in the report the Crown doesn't want as evidence?
• Duffy, Harper disagreed on P.E.I. appointment: Sources

The 2010 report from the Senate's internal economy committee followed up on audits of the senators' financial management conducted in 2009.

Defence lawyer Donald Bayne told the judge he was worried that a delay in the trial might endanger the appearance of Gerald Donohue, Duffy's friend and key witness. Donohue is recovering from serious health issues, and Bayne said that his health is a "grave concern," and Donohue "may not be with us."

Ontario CourtJudgeCharlesVaillancourtsaid it could take him until sometime in June to reach a decision on the issue. But the court will continue to hear from other witnesses after Monday.

The trial, in its 17th day,began April 7 in the provincial court.

The adjournment put on hold Bayne's cross-examination of the former head of Senate finance, Nicole Proulx. Proulx had returned for her sixth day in the witness box, where she hasundergone intense, and at times combative, grilling by Bayne about the administration's rules and regulations regarding senators' expenses. Proulx will come back to testify afterVaillancourt has ruled on the admissibility issue.

Duffy has pleaded not guilty to 31 charges of fraud, breach of trust and bribery related to expenses he claimed as a senatorand later repaid with money provided by the prime minister's former chief of staffNigelWright.

Witness under scrutiny by defence

Bayne has argued that the rules guiding senators' expenses were vague, ambiguous or non-existent. He has charged that Senate finance officials provided little oversight and he has suggested they rubber-stamped claims.

He hasalso suggested that Proulx herself may not be an objective witness, that she had a too cozy relationship with Crown officials, willing to meet with thembut not with him about the case.

Proulx, while agreeing many of the Senate rules are broad and that terms like "partisan" activities lack clear definitions, has nevertheless defended Senate finance. She has denied that officials in that department rubber-stampexpense claims, and rejected the accusation that she has a bias in the case.

This week, former Sun News host Ezra Levant was expected totestify about two cheques he received for writing speeches for Duffy.

Duffy awarded contracts worth roughly $65,000toDonohue, but theRCMPhave alleged that"little or no apparent work" was done in exchange for the payments.

• Defence questions travel expense policy for fundraising
• Senate moves to keep internal report on residency secret
• Duffy diary: Conservatives won't discuss his Enbridge conversations

The Crown has argued thatDonohueinstead used some ofthat taxpayer money to pay forinappropriate or non-parliamentary services for Duffy.

Court has heard that Donohue issued cheques for services expensed by Duffy that included payments to an office volunteer, a makeup artist, a photo processing firm and a personal fitness trainer. Cheques signed by Donohue to pay for those services came from either Maple Ridge Media, or later Ottawa ICF, companies owned by Donohue's family, court has heard.

• Can't see the live blog? Follow it here