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Former privacy commissioner George Radwanski smiles as he leaves court in Ottawa on Friday, Feb. 13, 2009. (THE CANADIAN PRESS / Fred Chartrand) Former privacy commissioner George Radwanski smiles as he leaves court in Ottawa on Friday, Feb. 13, 2009. (THE CANADIAN PRESS / Fred Chartrand)

Radwanski acquitted of fraud and breach of trust

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CTV News: Rosemary Thompson on the acquittal
A judge has concluded that former privacy Commissioner George Radwanski was careless about his hospitality spending, but was not guilty on charges of fraud and breach of trust.
CTV Ottawa: Natalie Pierosara on the aquittal of former privacy Commissioner George Radwanski
CTV Ottawa: George Radwanski acquitted on fraud charges, Natalie Pierosara reports

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Date: Fri. Feb. 13 2009 11:33 AM ET

Former privacy commissioner George Radwanski was acquitted Friday morning of charges of fraud and breach of trust.

The acquittal represents the culmination of a political scandal that began more than five years ago.

Radwanski's former chief of staff Art Lamarche was convicted of breach of trust on Thursday.

Radwanski was accused of taking advantage of his high-profile position to rack up thousands of dollars in expenses for 90 meals he had with Lamarche.

In March 2006 they were charged in relation to the meals and a $15,000 travel advance that Radwanski failed to repay for more than a year, as well as for $16,000 he was paid for vacation leave he hadn't earned.

Radwanski has maintained that he simply ate at the same restaurants as other top-level federal bureaucrats -- mainly because he and Lamarche needed the noise of a busy venue to prevent others from overhearing their sensitive talks.

"He said it was never his intention to break the hospitality rules or the travel rules surrounding federal bureaucrats. He had a very high power job as the privacy commissioner. And in the end the judge acquitted him of all charges," said CTV's Rosemary Thompson.

The 18-page ruling was issued in the Ontario Court of Justice by Justice Paul Belanger.

Belanger said prosecutors failed to prove that Radwanski's behaviour was out of line for someone in his position, though he said it was "at the extreme high end of the discretionary range."

He also pointed out there was no accusation that Radwanski tried to hide his behaviour through falsification or deceit, and noted he had no administrative experience before being appointed to the role.

But Belanger criticized Radwanski's explanation that the top-dollar restaurants were chosen because they offered privacy.

"Why take delicate discussions to public restaurants?" Belanger asked in his ruling.

He also said Radwanski was entirely responsible for the situation and should have been more accountable in his spending habits.

Radwanski "should have recognized that the situation was entirely as a result of his negligent and cavalier approach to accounting for expenses and the onus was upon him -- not upon the office -- to regularize the situation," Belanger wrote.

"Therefore, it is not without significant misgivings that I conclude that Mr. Radwanski cannot be convicted of fraud or breach of trust in relation to the $15,000 (travel) advance."

When the judge read his ruling, Radwanski stood up and hugged his lawyer, Thompson said.

The criminal investigation first began in 2003 when the auditor general referred the matter to the RCMP.

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