Former Calgary city councillor Joe Magliocca’s expense claims submitted with the names of 27 politicians he did not dine with were an “administrative fault and not criminal behaviour,” his lawyer argued Friday.
Calgary’s former Ward 2 councillor is charged with fraud and breach of trust.
Closing arguments are underway before Justice Gord Wong.
Defence lawyer Aryan Sadat delivered his submissions first, urging Wong to acquit Magliocca.
“There is a significant absence of evidence to suggest that Mr. Magliocca knowing misled anyone,” said Sadat.
Magliocca is accused of lying on his travel expense claims between October 2017 and December 2019, naming politicians from across the country, including the mayor of Halifax, Ontario’s NDP leader and a Quebec cabinet minister.
In total, prosecutor Aaron Rankin called 27 current and former politicians who testified that, despite being named on Magliocca’s expense claims, they’d never dined with the former Calgary councillor.
Some of the witnesses testified they’d never even met Magliocca.
‘Systemic issues’
Sadat argued the city’s policies on reimbursement were “vague” and there was a “lack of oversight” by councillors’ office administrators.
“Mr. Magliocca depended on his support staff,” said Sadat.
The city had “confusing policies” for submitting expense claims, said Sadat, leading to errors that were “were not unique to Mr. Magliocca.”
“They affected all councillors, underscoring systemic issues rather than misconduct,” he said.
“Mistakes can and do happen, not only within Mr. Magliocca’s office, but across other offices as well … there should be a distinction between administrative fault and criminal behaviour.”
Rankin’s arguments will take place Friday afternoon.
Wong has already indicated that it will be at least a couple of months before he issues a verdict.