Monday Feb. 1 2010  BACK   NEXT

Why paying the legal fees for Colvin?

by Angelo Persichilli
THE HILL TIMES

There are a few questions that arise when reading the stories about the legal fees taxpayers paid for Richard Colvin, the Canadian diplomat and so-called whistleblower in the Afghanistan torture case of Taliban prisoners.

A Foreign Affairs official said the lawyer of the diplomat has submitted two invoices for a total of $20,000 and that a third has been submitted and approved for payment. Furthermore, the department has put aside additional funds for a total of $50,000.

I don't have enough elements to judge the appropriateness of these payments and I am not aware of any legal implications related to his testimony in front of the Parliamentary committee and, once properly explained, they might be completely justified. Still, there are some considerations that must be made.

The first is related to the consistency of the legal bills. While it might sound like a small amount of money, it's actually quite sizeable if you consider that Colvin has not been a subject of any investigation for illegal behaviour in any way, shape or form. It's also true that some have questioned the appropriateness or credibility of his testimony.

But Colvin has always acted as a Canadian diplomat and, as such, it's the Department of Foreign Affairs and its lawyers who should take care of him. It might be that he felt his credibility was under attack and he had to defend himself by hiring his own lawyer. But I have some trouble accepting that. First, I'm not aware of any reprisals against him. Second, during the debate on this issue, the credibility of many people has been under attack, starting with Defence Minister Peter MacKay. Does MacKay need to hire a lawyer to defend himself? The testimony of many witnesses has been questioned and this has been accepted, albeit grudgingly, by everybody. Why is it that only Colvin's credibility cannot be doubted?

Again, I'm not aware of any legal action taken against Colvin.

And this leads me into the second part of my consideration: when paranoia steps into situations like this it can obliterate any rules and fair judgment.

For example, Foreign Affairs, according to some reports, had initially turned down Colvin's request. Immediately, in some newspapers, this answer was characterized as an act of intimidation against the whistleblower. It might be the case, but it might also be the case that, according to the government rules, the request had to be turned down.

Unfortunately, because the media always look for victims and villains, and the tendency of governments to cave in to public demands, we will never know the details of this decision and the possibility of establishing a precedent that, in the future, will cost the taxpayers not thousands, but millions of dollars.

There is also the possibility that the payment of the legal fees for Colvin was never an issue, that Foreign Affairs had always intended to foot the bill and that it's just the media creating hype about something that didn't exist. In all cases, the whole issue doesn't look good on Colvin, Foreign Affairs or the media in the eyes of the taxpayers that, once again and perhaps wrongly, feel that they have been taken to the cleaners.

In other news, another political poll creates a natural buzz

The political events of the last few weeks have confirmed a couple of things we already knew.

According to recent polls, the decision of Prime Minister Stephen Harper to prorogue the House has not been well-received by Canadians and the results we see in the polls are eloquent. In particular, an Angus-Reid poll for The Toronto Star showed that Conservatives are at 33 per cent, slightly down from another poll taken in mid-January.

The poll, however, also shows the Liberals at 29 per cent and the NDP at 19 per cent.

These numbers also show that while the Conservatives are penalized by the decision of the government to prorogue the House, Liberal Leader Michael Ignatieff is not benefiting from it. And this says a lot about the credibility of the Liberal leader among Canadians.

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