The Crown is waiting for the outcome of the investigation into whether Ontario's Elections Act was broken before deciding whether to proceed with criminal charges against prominent Sudburian Gerry Lougheed Jr.
A decision whether the case will proceed was expected in Sudbury court on Thursday, but Vern Brewer, of the Public Prosecution Service of Canada's office, told Justice Hon. Randall W. Lalande the parallel investigation is complete, but the review is still ongoing.
“The outcome of that review (will impact) on whether this trial proceeds,” Brewer said. “This review is ongoing and will be completed shortly ... That's why this is taking so long, because there's a parallel investigation that we're now looking at.
"I wanted to offer the court that explanation. We're not delaying for the sake of not making a decision. There's another series of allegations that we're looking at that will have an impact on this trial."
Lougheed was charged last September in connection with the Sudbury byelection scandal. He faces one count of Counselling an Offence Not Committed and one count of Unlawfully Influencing or Negotiating Appointments.
His lawyer, Michael Lacy of Greenspan Partners in Toronto, wondered why criminal charges were laid against Lougheed, if a decision whether to proceed hinged on the results of the Elections Act probe.
"The defence is anxious to get to trial," Lacy said. "It appears that the Public Prosecution Service of Canada and the Ontario Provincial Police have now undertaken something that should have been done long before they decided to proceed with charges."
Trial dates have already been set aside for three weeks in July, Lacy said, at considerable cost to the court system and his client.
After the court hearing, Lacy told reporters that Lougheed is anxious to have the matter dealt with.
"Anyone who is subjected to a criminal allegation — whether you're innocent or not — it creates an element of anxiety (and) Mr. Lougheed is no exception to that," he said.
"If it turns out this matter is not going ahead criminally, you sort of wonder why he's been forced to that expense and forced down this road."
Brewer said he expected a decision one way or another sometime next week, and would let Lacy and the court know.
"That's the best information I have been given by my management,” he told Lalande. “I'm the one that's here to explain to the court. I'm the messenger."
The parties were already scheduled to be in court May 10 to determine whether both sides were ready to proceed with the July criminal trial. Lalande adjourned the matter until then.
"Hopefully by May 10, the prosecution will know one way or the other," the judge said. "I sympathize with Mr. Lacy, from the defence's perspective."
Brewer declined to speak with reporters after the hearing.
