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Brault and Guite seeking delay in fraud trial

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CTV Newsnet: Lawyers for Brault, Guite ask for trial to be delayed

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Canadian Press

Date: Tue. May. 3 2005 6:34 AM ET

MONTREAL — The Gomery sponsorship inquiry has become so explosive that a trial for two men charged with fraud must be delayed until September, Quebec Superior Court was told Monday.

Lawyers for Jean Brault and Chuck Guite said it would be wrong for their clients' joint trial to proceed in June while the Gomery inquiry continues to hear representations.

"In the present circumstances it would be patently unfair and unreasonable to have the trial in June,'' said Harvey Yarosky, Brault's lawyer.

He argued Brault's right to be represented at both proceedings would be compromised if they were taking place simultaneously.

The testimony by ad man Brault at the inquiry lasst month was explosive and had a dramatic impact on public perception about the proceedings, Yarosky said.

"It took a role in our politics and public life that was dramatic.''

Brault's allegations about the connection between sponsorship contracts and donations to the federal Liberals' Quebec wing made him a central figure for the public and framed much of the subsequent testimony, said Yarosky.

A June trial might also coincide with a federal election in which the sponsorship program could take centre stage.

"If there is an election, it would just increase the heat that's going on right now,'' he later told reporters.

Quebec Superior Court Justice James Brunton will decide Wednesday whether to grant the request.

Guite, who ran the sponsorship program in the late '90s, continued his testimony Monday under a publication ban.

Julio Peris, one of Guite's lawyers, also served notice Monday he will request that Brunton extend the publication ban until the end of his client's trial. Brunton will hear arguments Wednesday before ruling Thursday.

Brunton said he wants lawyers to address whether he has jurisdiction over the publication ban imposed by Gomery.

Peris suggested the Westray mine inquiry in the '90s gave the trial judge authority over such bans. But Brunton wondered if Federal Court might not be a better venue for the legal debate.<

A lawyer acting for several media is expected to urge Gomery on Tuesday or Wednesday, after Guite has been cross-examined, to lift his ban.

Gomery did so for much of Brault's testimony as well as for most of the testimony given by Paul Coffin, another ad executive.

Brault and Guite were charged in connection with alleged improprieties at the sponsorship program.

The men's criminal proceedings have already been delayed. Jury selection originally was set for Monday but was put off last month until June 6 after lawyers argued May was too close to their clients' appearances at the Gomery inquiry.

Testimony by all witnesses at the inquiry is now expected to end May 27, followed by lawyer representations until June 17.

Crown prosecutor Jacques Dagenais didn't oppose the defence request Monday, acknowledging the trial's timing "was not ideal.''

He said there is enough time to complete the four-to-six-week trial in the fall before Gomery releases his initial report Nov. 1.

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