UPDATED: Tale of the tape redux: How do you deny what was never said?

ALSO NEW AND FRESH AND WORTH CLICKING: Read Dona Cadman’s supplementary affidavit here.
EVEN …

by kadyomalley on Tuesday, July 8, 2008 8:51am - 0 Comments

ALSO NEW AND FRESH AND WORTH CLICKING: Read Dona Cadman’s supplementary affidavit here.

EVEN MORE OF AN UPDATE: Ryan Sparrow (!) sends along this excerpt from an interview Zytaruk did on Mike Duffy live on June 4 — the day after the Conservative Party press conference alleging that the tape had been “doctored.” What strikes me most of all is the remarkable consistency between the description of how the three of them – himself, Harper and Dona Cadman – were positioned on the stairs in the following passage, and what he told Dale Goldhawk earlier this year.

Mike Duffy Live, June 4, 2008:

Zytaruk:

Mike, I will just back up. Give you some context here. Donna and Chuck had asked me to write Chuck’s biography. During the process of interviews and everything Donna told me about this insurance policy business. I thought the best thing for me to do would be to speak would Stephen Harper about it, being the leader of the party. You know, head guy, so to speak. So a local conservative fellow had winked me over to the Cadmans’ place that day because they said that Stephen Harper would be showing up. So I got to Donna’s place. Parked my car across the lawn. When I got to her front door she was at the top of the stairs. This is inside the house. Stephen Harper is in the middle. And I’m at the bottom at the landing there. You know, captive audience, unfortunately, for him. And Donna introduced me, you know as the biographer of Chuck’s book and I can’t remember exactly what Mr. Harper said. He said something to the effect about Chuck being a nice guy and he deserves the — you know, he deserves that kind of thing and then he went. When he went out the door, I followed him, and I interviewed him at the top of the driveway. He had like a suburban or his people waiting at the bottom of the driveway. And I brought my tape recorder out, and I started my interview with — I mean, there was a life insurance policy for Donna, a million dollar life insurance policy for Donna, do you know anything about that or something to that effect? I don’t have the tape in front of me.

UPDATE: See also this post, which compiles the various accounts of that day being put forward by the main players.

A little more than a month after the Conservative Party released its as-it-turns-out-somewhat-less-than-definitive proof that the infamous tape of the interview between the Prime Minister and Cadman biographer Tom Zytaruk was “doctored” comes this explosive headline, courtesy of CanWest News:

Cadman’s widow denies author’s story

Affidavit says Zytaruk did not meet Harper in her house

The widow of former MP Chuck Cadman has contradicted public accounts by author Tom Zytaruk of what happened the day of an interview that is pivotal in Prime Minister Stephen Harper’s lawsuit against the federal Liberals.

In a sworn affidavit submitted in the Ontario Superior Court of Justice yesterday, Dona Cadman says the journalist did not meet Mr. Harper in the Cadmans’ house and was not introduced to him by her.

“Nobody came inside my house while Mr. Harper was in the house with me,” she said. “I did not introduce Tom Zytaruk to Mr. Harper on Sept. 9, 2005.”

KAPOW! BOFF! SCRUMPH! There goes Zytaruk’s credibility, and the Liberal party’s main defence against the PM’s defamation suit, in one fell swoop – except that neither of those statements from Dona Cadman contradict Zytaruk’s version of events at all.

According to the affidavits filed last month by Stephen Harper and his two aides present at the time, it was his press secretary, Carolyn Stewart-Olsen, who approached him with Zytaruk’s request. In other words, the interview did take place; this latest affidavit from Dona Cadman, then, questions only the allegation that she was the person who introduced the then-opposition leader to Zytaruk, who was waiting outside the house.

But as far as I can tell, and believe me, I’ve been poring through the archives, Zytark has never actually made that claim in any of the many, many interviews he’s done in which he’s described the now infamous conversation between himself and the PM:

From The Hill Times:

Can you comment on the Conservatives’ allegation that the tape you released of your conversation with Mr. Harper was edited? Was it edited in any way, shape or form?

“You’d have to agree that I would be thoroughly insane to do something like that. Of course it’s not edited. The tape that’s been released has been released in its entirety, it’s unaltered, unfiddled with, un-whatever you want to call it. It was just a real quickie interview on Dona Cadman’s doorstep/driveway. It’s not like Stephen Harper invited me out for steaks or something to discuss this at length. He was on his way somewhere and I was just fortunate enough to catch him to give me a response to this thing. I appreciated his candour, that he spoke to me, and didn’t give me a no comment or anything.”

From the Globe and Mail:

Mr. Zytaruk, who writes for a Surrey newspaper, has covered stories about Mr. Cadman since the murder of his son drove him into politics.

After Mr. Cadman’s death, Mr. Zytaruk heard that Mr. Harper, who was then leader of the opposition, was paying a personal visit to the Cadman residence. Mr. Zytaruk interviewed Mr. Harper in the driveway.

“Of the offer to Chuck,” he quotes Mr. Harper as saying, “it was only to replace financial considerations he might lose due to an election, OK. That’s my understanding of what they were talking about.

Also, Zytaruk has never claimed that he was in the house at the same time as Stephen Harper – something he pointed out via email to the reporter writing this story last night:

Mr. Zytaruk, Mr. Cadman’s biographer, said he was “extremely surprised, disappointed and deeply distressed” by her statement. “I haven’t seen these affidavits and would be extremely surprised if Dona said I wasn’t in the house that day,” he said in an e-mail. “In fact, we were both still inside the house after Harper stepped out, and she indicated to me that now was my chance to go interview him.

“Moreover, immediately after I interviewed Harper outside, I went back into Dona’s house and played the tape back to her in her living room.”

Zytaruk’s account of what happened that day has been entirely consistent, as far as the sequence of events: he was waiting outsid the Cadman house, he interviewed Stephen Harper, and after Harper had left, he went inside, presumably on Dona’s invitation. The one thing new in his response to the latest affidavit is the implication that he -Zytaruk- was in the house with Dona before he went outside to interview Harper – based on the use of the word ‘both’ (which seems to refer to Dona Cadman, not Harper) which the latest affidavit does not directly contradict.

From Dona Cadman’s May 23, 2008 affidavit (not available in text format, full court record including affidavits available here):

After my meeting with Mr. Harper concluded, Mr. Tom Zytaruk interviewed Mr. Harper for approximately 10 minutes in my driveway. When that interview concluded Mr. Zytaruk came into my house and I told him that Mr. Harper told me that he had no knowledge about a $1 million insurance policy offer made to my husband by Conservative Party representatives. Shortly after that conversation, Mr. Zytaruk and I left my house and drove to attend a Conservative Party Task Force Meeting on “Safe Streets and Healthy Communities” at the WHalley Library in Surrey.

Now, we  — or at least I — haven’t yet gotten to read the most recent Dona Cadman affidavit, in which she “denies” Zytaruk’s story, according to CanWest. But going only by just the two statements cited in the story to back up that headline, I’m not sure if it will turn out to be the knockout punch that the Conservative Party clearly hopes it will be, at least as far as Zytaruk’s credibility goes.

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  • http://secondthots.blogspot.com Dennis (Second Thots)

    Liz, Zytaruk says he will not give up the original tape for analysis, and the publisher is on record saying that they didn’t think any analysis was necessary.

    I know that Harper hatred has turned into a sport in some circles. But if this saga has revealed anything, it’s that people should think before making vicious allegations.

  • David

    Liz: Nonsense!

  • Joseph

    I have a sneaky suspicion Tom Zytaruk did not use a blue pen that day when he was somewhat in the vicinity of Stephen Harper and Dona Cadman at about the same time.

    What’s more – he may not even OWN a blue pen. What if the paper he works for provides them?

    I want headlines on this, and I want them NOW. We’ve got that pesky no-good author right where we want him.

  • Wayne

    Boudica : permit me to answer for someone else as requested = who cares it is too much fun to watch the Lib’s flail around why stop it? Strategically unsound … if a person is their own worst enemy give them more rope don’t change the channel. Could be useful come this fall and as well who knows maybe they will?

  • Just Visiting

    Steve Janke:

    So you think it was reasonable for the CPC to offer financing for Cadman’s upcoming campaign because they weren’t sure about the severity of his illness.

    Okay, if so, then why did the various spokespeople for the CPC dismiss as ridiculous the allegation about an insurance policy being offered because everyone supposedly knew that Cadman’s illness was terminal?

    I don’t think you can have it both ways on this. If it was reasonable to offer Cadman financing for an upcoming campaign because you didn’t know his health status, then it was equally reasonable to offer him insurance coverage if he voted to defeat the Liberals.

    - JV

  • Liz

    The publisher and the author said quite a while ago that they had not had the tape analyzed. With recent events it is possible that they have. Especially since that ‘doctored’ tape media fiasco Harper and Moore pulled. I know it would have been the first thing I would have had done.

  • Stormcrow

    Re: Wayne’s Comment:
    Boudica : permit me to answer for someone else as requested = who cares it is too much fun to watch the Lib’s flail around why stop it?

    Actually, Napoleon said it best: I am of the habit to never interrupt my foe when they are in the process of making a mistake.
    BUT unfortunately for the NeoConTories, they always have been the party of the secret deal and the inside moves…that’s why a story like this has so much traction. Look, once Harper has failed to win a majority in the next election, his own Kalgary (Klown) Skool types will be the first to pull out the knives. Then this lawsuit will be quietly withdrawn and will die. Every moment of continued newscopy simply reinforces the public’s perception of how the anti-social neo-cons work. Speaking of liberals, Harper is so far right he makes Preston Manning seem centrist. And you wonder why no majority? Look south….

  • http://secondthots.blogspot.com Dennis (Second Thots)

    Liz, maybe you should actually read the article that started this latest story. It states specifically that Zytaruk refuses to give up the original tape for any independent analysis.

    Could you imagine if Harper decided to do something like that?

  • Scott M.

    I’m not to worried about the original — I think we can be pretty darned sure that it will be subpoenaed anyway. Of course if they named Zytaruk they could get it in discovery… making it an odd choice not to name him.

    Could you imagine if Harper decided to do something like that?

    Don’t know if it makes sense to compare a journalist not giving up their original copy of a now-famous interview with a politician not doing the same. I think the media would endlessly pester a politician of any stripe if they refused to produce the original in this case.

  • Motor

    “If” the tapes were altered, it would have been by the Harper gang prior to having them analyzed.

  • Liz

    Dennis, Zytaruk and his publisher said that some while ago. In any case, ‘giving up the tape’ to a third party doesn’t mean that either or both Zytaruk and his publisher could not have had the tape analyzed without giving up the chain of possession. They’d just have to be there when it was analyzed.

    Harper could have avoided all this if only he had explained what he meant in the first place.

    What financial considerations? What election? There was no election without Chuck Cadman. What was the case Harper said the people legitimately representing the party was to press, but not push?

    Stephen Harper is pulling out all the stops on this one. And why not? The first Canadian Prime Minister involved in a situation that carries a penalty of 15 years in prison. Who wouldn’t fight that with no holds barred, and with no regard for any innocent bystanders taken down in the desperate struggle?

    Thank the SCoC that I am allowed to say that I BELIEVE from the evidence I have seen that Stephen Harper gave that interview, and in it he spoke of financial considerations. He said he told party officials to make the case. Dona Cadman was on the phone on CTV the day the story broke and said that she considered the offer a bribe.

    So, what was the offer? First it was insurance, then it was help in defraying election costs for an Independent MP dying of cancer.

    Does Harper think Canadians are idiots? Maybe he just believes they are.

  • Wayne

    Liz : I don’t know where to start – first Harper has said god knows how many times now that the interview when the tape was made was not about all this other non sense you and others have posted but about him possibly re-joining the party and then then party would rightly offer the usual election expenses etc etc etc and he even said that he told the party workers to forget about it since Chuck was a man of integrity and more than likely wouldn’t change anyways as he said. Chuck’s wife has even said she believes Harper had absolutely nothing to do with any of this other nonsense. If there were any funny business to do with this issue do you and others honestly believe she would be running for the seat! I mean pleeeeeaaaasse – I don’t know why people have so much problem with this as all pertinent questions have been asked and answered and as to the tape it was doctored so case closed there as well. I wouldn’t answer any more of the same questions either if I were the PM. I think that frustrated left wing nuts can’t let go because they think this will hurt Harper and guess what it won’t in point of fact in the end when the election comes and both him and Mrs Cadman are on the podium together it might just deflect some of the usual Liberal Fear and Shmear as this issue is obviously in that category

  • http://secondthots.blogspot.com Dennis (Second Thots)

    Liz, take the tinfoil hat off. The RCMP has essentially cleared Harper. And HE launched this lawsuit. He isn’t running away from anything. In fact, he’s pursuing it quite forcefully, if you ask me.

  • http://secondthots.blogspot.com Dennis (Second Thots)

    Wayne, some people start with the assumption that Harper and Conservatives are guilty, then desperately try to fit any facts into that template.

    Trying to explain to them that political opponents aren’t evil by default is a lifetime challenge.

    That goes for both sides, btw.

    I get tired of hearing from others that the Liberal party is a finely-tuned criminal operation. Boring.

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