Calgary Judge to Hear Fraud and Breach of Trust Trial of Former Councilman Joe Magliocca

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He may be an “indirect” victim of the alleged crime, but that won’t stop Calgary Provincial Court Judge Gord Wong from hearing former Councilman Joe Magliocca’s trial.

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Wong on Monday rejected calls from defense attorney Greg Dunn to withdraw from his client’s case so that an out-of-town judge be assigned to hear Magliocca’s trial next January.

Among the reasons Dunn suggested Wong should not preside over the case was that the allegations against Magliocca include that he defrauded Calgary taxpayers by improperly claiming expenses while on council.

The lawyer also argued that media coverage of the case should mean that the public could have a reasonable fear of bias against his client if a local judge decides his client’s guilt or innocence.

But Wong said neither of those arguments is valid.

“As a citizen of Calgary … a Calgary judge would, in essence, be indirectly a victim, and therefore there should be a reasonable fear of bias,” he said in detailing the defense’s argument.

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“I have to say that connection is pretty remote,” Wong said.

“The same could be said of many others.”

The judge notes that the thieves make the retailers have to pay higher insurance costs, which leads to higher prices.

“I buy things,” he said.

“Indirectly, I am a victim, but that is not a basis for a reasonable fear of bias. It’s too remote in my mind.”

As for the pre-trial publicity, Wong said that Magliocca is not the first accused person whose name appears in the media.

“This court deals with cases all the time with media coverage and I see no reason why it should look at this particular case any differently than others.”

One argument Dunn raised was the fact that Calgary police subordinated their investigation of the former councilman to the RCMP.

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But Wong said there was a clear potential conflict for the Calgary Police Service if it investigated the matter.

“It’s appropriate for the RCMP to be involved in this … because there is a relationship between the City of Calgary and the Calgary Police.”

In a separate request, Wong refused to make an order that six pages of internal RCMP communications be turned over to the defense on a possible abuse of process claim.

“Do those records somehow show that RCMP members decided to speed up the filing of charges against Mr. Magliocca to coincide with the election? In my opinion, they don’t,” he said.

Dunn wanted the material to advance his argument that the RCMP sped up their investigation to ensure Magliocca was charged with fraud and breach of trust before last fall’s municipal vote in which the former councilman was soundly defeated.

Wong will rule Tuesday on whether the Crown will have to provide more details about the communication between the prosecution’s office and the RCMP that the parties claim as attorney/client privilege.

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