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Steven Skurka's FAQ on the Conrad Black trial
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CTV.ca News Staff
Date: Mon. Mar. 12 2007 6:17 PM ET
CTV Legal Analyst Steven Skurka is in Chicago this week to follow the trial of Conrad Black. He will be contributing to CTV.ca and to "The Verdict," CTV Newsnet's new legal affairs program, hosted by Paula Todd. (Weeknights at 9 p.m ET, starting Wednesday).
Steven, you have been a trial lawyer for more than 20 years. Have you ever seen a case with this profile before?
The case has been called the trial of the century and in this instance that is not an understatement. I have never witnessed a case that has garnered so much excitement and talk around the water cooler as the trial of Conrad Black. This case will likely live up to its billing.
Let's begin with the calibre of the lawyers on both sides of the courtroom. They will be exceptional. I have conducted cases with Eddie Greenspan as well as debated him and he is quite properly regarded as one of Canada's finest criminal defence lawyers. Watch for his great sense of humour, an underrated quality among advocates in the courtroom.
His co-counsel, Edward Genson, is a gruff and relentless cross-examiner.
Patrick Fitzgerald will be overseeing the prosecution after successfully trying Scooter Libby, the former chief-of-staff for the American vice-president. He will lead a team of formidable prosecutors.
The issues in the case are fascinating and the result far from certain. Canadians will be watching this trial closely from coast to coast.
In the end, the verdict will likely hinge on two factors.
The first -- the possible impeachment of Black's long-standing business partner David Radler in cross-examination. Radler has made a deal to testify for the prosecution in exchange for a dramatically lighter sentence.
The second likely key moment will be the riveting testimony of Black himself. And yes, I predict that Lord Black will be called to testify at his trial.
What exactly are the charges that Conrad Black is facing?
There are really two sets of charges that lie at the heart of the prosecution's case.
The primary set of charges against Black involve an allegation that Hollinger shareholders lost millions of dollars as the result of Black and his co-defendants diverting payments to themselves received from the purchasers of the company's newspapers.
The purchasers made the payments to Black and his co-defendants for agreeing not to compete in those same markets.
You will be hearing a lot about these non-compete agreements at the trial.
Did the audit committee of Hollinger, which included people of the stature of Henry Kissinger, approve these payments to Conrad Black? Or was it, as the prosecution alleges, the case that they were illusory and in some instances not even required by the purchasers? What about the notable law firms and accounting firms that passed judgment on these payments?
The next set of important charges relates to the extravagant spending habits and alleged misuse of corporate perks for personal advantage. These charges are symbolized by the use of the company jet for a vacation to Bora Bora and an alleged $40,000 birthday party for Black's wife at a lavish Manhattan restaurant. These charges will invariably attempt to cast Conrad Black in a bad light with the jury and may draw some comparisons in the jury's mind to other corporate plundering cases such as Enron, Tyco and WorldCom.
The remaining sets of charges include allegations of fraud schemes using the mail or electronic communications; racketeering; money laundering; and finally obstruction of justice in relation to the boxes removed from Black's Toronto office.
How long will this trial last?
I expect that it will be completed in far less time than predicted. My best estimate is about two months. Both sides understand that the key to winning the case is to present a streamlined and understandable case to the jury. The mantra will be to "keep it simple." There will, however, be key witnesses such as Radler and Richard Breeden -- the man who led an internal investigation of Hollinger International that served as the catalyst to Black's legal woes -- who will be on the witness stand for several days.
What are the biggest surprises in the case that we should be watching for?
Barbara Amiel may very well take the witness stand on behalf of her husband.
Greenspan will shine as the best lawyer in the courtroom. Leonard Asper, the chief executive of CanWest Global, may be one of the most important witnesses in the case.
If Black were to testify, the first question from his lawyer may well be: "Lord Black, you have been waiting a long time to tell your side of the story, is that right?"
Radler's sweetheart deal may be a gift to the defence as they will undoubtedly try to paint Radler as the villain the jury can blame for the Hollinger shareholders' woes.
The biggest surprise in the trial may ultimately be the jury's verdict.
- More in the coming days on Steven Skurka's blog, The Crime Sheet
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I applaud the budget, even though Health Care and education may stay unscathed. Sadly this cannot last and I worry to later this year where cuts will become enviable. If anything, this provides the Wildrose Alliance plenty of ammo when an election is called.




