Joe Magliocca won’t be taking the witness stand at his trial for allegedly padding his Calgary city council expense claims, his lawyer said Monday.
Defence counsel Aryan Sadat told Justice Gord Wong he will be calling evidence in Magliocca’s defence, after Crown prosecutor Aaron Rankin closed his case.
Sadat said he wasn’t prepared to open the defence case because his first witness wasn’t available Monday afternoon and may not be able to testify until Wednesday.
“You’re clear that you will not be calling your client?” Wong asked about Magliocca.
“Yes, I have those instructions,” Sadat said.
“I’m not calling Mr. Magliocca to the stand.”
Magliocca faces charges of fraud and breach of trust by a public officer in connection with allegations he filed false expense claims for drinks or dinners for guests during official conferences.
Rankin closed his case by calling an independent auditor who was hired by the City of Calgary to look into Magliocca’s expense claims.
The prosecutor had sought the admissibility of an interview conducted by PricewaterhouseCoopers employee Steven Malette for the purpose of making a report to city council in which the auditor had spoken to Magliocca in 2020.
Rankin wanted Wong to rule Malette wasn’t a person in authority so the prosecutor could use the content in cross-examining the accused if he were to testify.
Sadat sought to have the interview and report, which weren’t made a court exhibit, ruled inadmissible, arguing Malette was an agent of the City of Calgary and therefore could be construed as a person in authority.
Wong agreed Malette was an agent for the city, but that didn’t make him an agent for the police or prosecution, so he wasn’t in a position of authority.
After Wong said the prosecutor could use the auditor’s report to question Magliocca, the defence lawyer indicated his client wouldn’t be taking the witness stand.
During Magliocca’s trial, which began two weeks ago, court heard from a parade of witnesses who were claimed to have been beneficiaries of the former Ward 2 councillor’s largesse.
Among them was Ottawa city council member Tim Tierney, who said he found it “a little shocking” when he learned he’d been listed as a guest of Magliocca on two occasions.
Tierney said he wasn’t even in Calgary on Oct. 18, 2018, when a receipt suggested he and Magliocca were together for a late meal at Hy’s Steakhouse.
Former Edmonton mayor Don Iveson said he was not in Laval, Que., on March 7, 2018, when a receipt included him on a list of people at a dinner at P.F. Chang’s restaurant for which Magliocca filed an expense.
The case is back in court Tuesday to determine if Sadat can bring in one of his three proposed witnesses by then.