Mistrial in Daniel Bard's fraud trial, new lawyer to be appointed
Social Sharing
A mistrial was declared Tuesday in Daniel Bard's trial in Moncton provincial court on alleged financial crimes.
Bard, 60, has been on trial on 19 charges of fraud, theft, money laundering and possession of property obtained by crime.
A series of developments Tuesday saw Bard's lawyer withdraw from the case, a judge order the government fund a new lawyer, and Judge Anne Richard declare a mistrial.
Essentially, this means the trial will start over again once Bard has a new lawyer.
Bard had no comment as he left the courthouse. Crown prosecutors also declined to comment.
Tim Dubé, a lawyer appointed by the judge to assist with the case, told reporters a mistrial was the appropriate outcome in the circumstances.
"It's a disappointing outcome for sure, but it's the only potential and possible outcome that the judge could decide on," Dubé said.
"Declaring a mistrial was the only remedy that was left."
WATCH | New lawyer, trial dates needed for Daniel Bard:
Mistrial in Moncton financial crimes trial
2 hours ago
Duration 1:13
A mistrial was declared by a judge Tuesday in Daniel Bard's trial in Moncton on 19 charges that include fraud, theft and money laundering. The 60-year-old's lawyer withdrew from the case over health issues. That means he needs a new lawyer and a new trial will have to be scheduled
Some of the allegations date to when Bard was a vice-president of investment attraction for 3+ Corp., which was a municipally funded economic development agency for the Moncton region.
In 2019, CBC reported that Bard was accused by several business owners and individuals of receiving hundreds of thousands of dollars in administrative and brokerage fees while working for the agency but failing to deliver on promises and then vanishing.
Bard was charged in 2022, and originally set to go on trial in late 2023, but the trial was rescheduled when he parted ways with his lawyer.
Bard filed a Rowbotham application to have the government fund a lawyer for a person denied legal aid.
That was approved, with James Matheson taking over as his lawyer.
Bard's six-week trial by judge-alone started April 22 but faced delays over Matheson's health. Matheson told the court he has an eye issue that requires surgery, which was causing him to experience vertigo.
Matheson's health led the judge to appoint Dubé as amicus curiae, a Latin phrase meaning friend of the court, to assist with cross-examination.
The judge ordered Dubé to take a larger role in the trial, including being able to hold confidential discussions with Bard, as Matheson's health problems continued to affect the trial.
When Matheson was ordered by a doctor to take a medical leave in mid-May, Dubé was expected to take over as the trial continued.
However, Dubé also took a medical leave.
Both lawyers were back in court Tuesday when the judge was expected to get an update on when the trial could resume.
But Matheson told the judge he was not improving and would be placed off work for an extended period. He asked to be removed as Bard's lawyer, saying that delaying the case further would be unfair to Bard.
"I'm truly and so sorry that this situation has developed the way it has," Matheson told the judge.
Bard told the judge he agreed with Matheson's departure.
Government to fund new lawyer
The judge asked if Bard would seek a new lawyer through a Rowbotham application. Bard said he would. After a short break, Crown prosecutor Andrew Pollabauer said the province's attorney general would approve the request.
Dubé had filed an application asking the judge to stay the charges Bard faced, alleging his Charter right to a timely trial had been violated. That issue was expected to be discussed June 11.
However, Dubé said they were withdrawing that application.
Pollabauer said the Crown didn't believe it would be fair to continue the trial without Bard represented by a lawyer, inviting the judge to declare a mistrial.
"I grant that remedy as well," Richard said.
Because Dubé's appointment was tied to Matheson, the judge ruled his role ended Tuesday with Matheson's withdrawal.
The judge scheduled Bard to return to court June 17, when a new lawyer is expected to be named, and new trial dates may be set.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
National Post
14 minutes ago
- National Post
Loblaw is pulling all products by this coffee brand from its shelves over 'unjustified' cost increases
Shoppers at Loblaw Cos. Ltd.'s stores will soon no longer be able to get a coffee fix by purchasing Folgers-brand products after a pricing dispute prompted the grocer to pull them from its shelves. Article content In an email sent to retailers on Wednesday, Loblaw said it decided to delist all Folgers products after talks with the coffee maker's manufacturer couldn't solve the impasse. Article content Article content Article content 'After several weeks of negotiations, we were unable to reach an agreement with the manufacturers of Folgers coffee regarding their significant and unjustified proposed price increases,' said the email signed by Loblaw category director Suren Theivakadacham and obtained by The Canadian Press. Article content Article content 'We are doing this because we are on the side of customers, and doing what we can to keep prices low … This decision to delist Folgers coffee reflects our commitment to providing value for customers by not accepting unreasonable cost increases that would hurt Canadians.' Article content Last month, Statistics Canada reported the price of coffee and tea was up 13.4 per cent in April on a year-over-year basis _ outpacing both the 3.8 per cent increase in the cost of groceries that month, as well as Canada's overall inflation rate of 1.7 per cent. Article content Article content Experts say higher coffee prices are in part due to recent extreme weather and changes in temperature, which have caused some producers to experience lower yields. Article content Article content Other pressures include a weak Canadian dollar, making it more expensive to import coffee to Canada from other countries, along with the fact coffee is one of the products still subject to Canada's retaliatory tariffs against the U.S.
CBC
20 minutes ago
- CBC
House unanimously adopts Liberals' promised income tax cut
The House of Commons unanimously voted in favour of the Liberals' promised income tax cut on Thursday. The Liberals promised to bring in a one percentage point reduction in the lowest marginal tax rate — taking it from 15 per cent to 14 per cent — during this spring's election campaign. The government introduced a "ways and means" motion to make the tax changes last week and all MPs voted in favour of the motion on Thursday. A ways and means motion allows the government to start making changes to the tax code before such changes are passed in legislation — but a bill will still need to be passed. Finance Minister François-Philippe Champagne introduced legislation on Thursday morning that will formally adopt the tax cut into law. Prime Minister Mark Carney promised to implement the tax cut by Canada Day. The Liberals say it will save two-income families up to $840 a year in 2026. Prior to Thursday's vote, Conservatives had signalled that they would be willing to support the tax cut — even though they said it should go further. "We are the party of taxpayers. We will vote for every tax cut always and everywhere. We love taxpayers and we want taxpayers to be better off," Conservative Leader Pierre Poilievre said last week.
Globe and Mail
21 minutes ago
- Globe and Mail
Insider buying perks up as Morguard stock lags
The broad real estate group regained some upward momentum after the market plunge of Donald Trump's 'Liberation Day,' but Morguard Corp. (MRC-T) has not kept pace. Meanwhile, insiders have been buying as the stock strolls around the $112 mark. From May 16 to June 3, director Bruce Robertson bought 29,500 common shares in the public market at an average price of $112.96. In addition, from May 23 to 30, 10-per-cent holder and value investor Sime Armoyan reported purchasing 5,600 shares at an average price of $111.96 (not shown on chart). Ted Dixon is the CEO of INK Research, which provides insider news and knowledge to investors. For more background on insider reporting in Canada, visit the FAQ section at Securities referenced in this profile may have already appeared in recent reports distributed to INK subscribers. INK staff may also hold a position in profiled securities. Chart reflects public-market transactions of common shares or unit trusts by company officers and directors.
