Comparing his client's current situation to a plot taken from a Franz Kafka novel, Howard Rubel denounced "the big dark cloud of scandal that someone created" over Helena Guergis' head.

There is a fundamental principle of fairness, Rubel asserted, that a person should be given an opportunity to respond and understand what they are being accused of. He indicated that he had spoken to an inspector in charge with the RCMP a couple of days ago seeking some information about the investigation and he is still waiting for an answer.

The prime minister isn't talking, Rubel noted, and the Ethics Commissioner has determined that the matter won't be investigated. It has been left with the RCMP and nothing more is being said.

Guergis' lawyer further indicated that his client would be happy to respond if she was aware of what the apparently serious allegation against her consisted of. He contended that she is anxious to respond and cooperate.

But to what, exactly?

From a lawyer's perspective, Rubel complained, "it's like trying to nail jelly to a wall." He added that "even in countries where the presumption of innocence doesn't apply, one is usually informed of what the accusation is before being required to respond."

Rubel indicated that he was retained to assist Helena Guergis from the outset of the matter. When asked if he was concerned about any conflict given his prior legal representation of her husband, Rahim Jaffer, Rubel expressed confidence that no conflict existed as the Jaffer matter concluded and there is no continuing investigation.

The chief spokesman for the Prime Minister, Dimitri Soudas, told reporter David Akin that Guergis' lawyer is incorrect and that Guergis was informed directly of the allegations by the Conservative Party lawyer, Arthur Hamilton.

Howard Rubel, however, wasn't prepared to bend an inch from his version of events. He emphasized that "we stand by our position that she was never informed of the specific allegations against her."

Email:  skurka@crimlaw.org