The judge isn’t buying it. Nor should we.

COYNE: Justice Oliphant’s report leaves no doubt about Mulroney’s credibility

by Andrew Coyne on Friday, June 4, 2010 9:00am - 73 Comments

Let us try and put the best face on Mulroney’s behaviour. Let us suppose there was nothing untoward in his relationship with Schreiber, that it was merely, as Mulroney claimed, a matter of bad optics: that he feared the harm to his reputation if it were known he had had any dealings, even legitimate ones, with Schreiber, after the publication of the Justice Department’s letter to the Swiss authorities, accusing him (without evidence) of having taken kickbacks from Schreiber on Airbus and other deals. Perhaps that explains, if not excuses, the lengths to which he was prepared to go to conceal his activities at the time.

But after the terrible secret had come to light? Mulroney had four years to prepare his story, from the time the existence of the cash payments first came to public knowledge until he finally broke his silence in 2007. He had two cracks at it, once before the Commons ethics committee and again before the judicial inquiry. It cannot be argued that he was caught unprepared, or quoted out of context. If he had an innocent explanation, this was it. And now a judge has officially torn it to shreds.

(To be fair, the judge did believe Mulroney on some other points: that he did not formally agree to do business with Schreiber while still prime minister, that their agreement was international rather than domestic in scope, that he spent the cash as he claimed. There’s your headline: “Former prime minister of Canada’s testimony found credible, in parts.”)

Judge Oliphant was particularly scathing on the subject of Mulroney’s testimony in deposition for his celebrated 1996 libel case against the government of Canada, in which he claimed, inter alia and under oath, that he “had never had any dealings” with Schreiber. Judge Oliphant not only found that Mulroney knowingly misled the court on that occasion, but dismissed his defence of the same testimony before the inquiry as no less tendentious. “For Mr. Mulroney to attempt to justify his failure to make disclosure in these circumstances by asserting that [the government lawyers] did not ask the correct question is, in my view, patently absurd . . . What the question called for was a clear, complete, forthright answer. And that answer was not forthcoming from Mr. Mulroney.”

Now, all of this was apparent enough before the report. But now we have, not a journalist, but a judge ruling that Mulroney’s story is not credible: that is, that a former prime minister of Canada lied to a judicial inquiry about his cash dealings shortly after leaving office with an acknowledged dispenser of bribes, who made millions of dollars from contracts obtained from his government, some of which was used to make the payments (though, again, there is no evidence Mulroney knew this).

But do not leave it at that. Because what is significant about this is not, surely, the fact that he lied, but the reason he did. Why would Mulroney go so far as to give false and misleading testimony before a judicial proceeding, not only to conceal his dealings with Schreiber, as in his libel trial, but even after they were exposed? We do not know the answer to that. But what we do know is this. The innocent explanation has now been discredited, thoroughly and officially. Which can only leave us with a not-so-innocent explanation.

When people carry on the way Mulroney and Schreiber did, it is not merely “inappropriate”: it is suspicious. And when, called to account, they still lie about it, well, even suspicious isn’t quite the word.

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  • Canada Dad

    Excellent column, Mr. Coyne.

    Mulroney should be investigated for accepting bribes and charged with perjury. And he should be made to return the 2.1 million with interest.

    People who say that we should drop the matter are missing the point. We need to start demonstrating that politicians are not above the law.

  • Smith

    I completely agree that we've wasted time and money on this inquiry. But unlike some others here, I don't think it's because we've spent too much time and money, but that we've spent both of those foolishly. I am one who thinks the enquiry should go much much deeper.

    We don't seem able (politicians, public and press) to bear to look at the much larger systemic issues that challenge our democracy at its foundation. I'm constantly astounded at how few rocks we actually look under. We divert ourselves looking under the smaller rocks but leave the boulders alone.

    Mulroney STOLE the PC leadership away from Joe Clark (who was at least an honest man), due in very large part to the "grease money" from the company behind KHS and Airbus used to fly in his supporters. He then used that leadership to bring in Free Trade, which then gave those companies access to the U.S. through us. I wish someone would look at THAT.

  • jade_lee

    Canadians knew long ago that Brian was lyin…..it's our RCMP who many still trust to investigate matters of great importance that is shocking ie air India bombing, Income trust slander to the liberal party, their actions in the Mahar case….I mean honestly why do we trust them to investigate still?

  • lutz

    Lying is one thing;- we all do it once in a while. But lying under oath, in front of a judge and being a former Prime Minister of Canada, is quite another. It is so low , so amoral and so criminal that it makes me sick to think of it ! And we elected this disgusting subspecies of a human being into office. A. Coyle's excellent article shows that the bigshots in government do not pick their predecessors eyes out ,so to speak. Canada is definitely on the slippery slope toward south american style government.The Canadian electorate is either too disgusted, too dumbed down or simply too apathetic to speak out about this situation. And the next government will be conservative; want to bet ?

  • Great Walls of Fire

    Those commenters suggesting that enough is enough – we've spent millions on this and shouldn't spend any more – Lyin' Brian has already been punished enough because of the loss of his reputation, etc. etc etc. – here's why enough ISN"T enough.

    Of all of the maladies that plague contemporary Canadian democracy, "apathy" is arguably the biggest. In my home province, the last provincial election saw slightly north of 50% of eligible voters being sufficiently moved to show up and vote. And the trendline isn't going the right way.

    The reason Mulroney shouldn't be allowed to "close the chapter" without further repercussions is because doing so further fuels apathy. It would be conceding that not just your average Cdn pol, but the highest pol in the land, is no longer expected to maintain even a modicum of trustworthy, ethical behaviour: taking cash from known bribers? no problem! – lying under oath? hey, let he who is without sin! – failing to disclose income, then getting a sweetheart deal when it looks like CRA will find out? that's how I roll!!

    The democratic deficit in Canada is already so profound, it cannot risk any further blows – Mulroney should be disbarred, charged with perjury and sued to return the 2.1 mill he got under false pretenses. Then we can "close the chapter".

    • http://intensedebate.com/people/EdCase EdCase

      Amen!

  • ALYRE

    hey just out of the blue the wild rose party initials are
    TWRP.

  • http://intensedebate.com/people/anychildknows anychildknows

    Mulroney makes Karlheinz seem like a nice honest bandit. A few traces of gunpowder, but no slime.

  • Pierre

    Actually, there is an easy way to get back our money regarding the Mulroney thing. A movie.
    We'll call it "The Weapons Dealer". Dick Cheney will star as Carl-Heinz. Scott Feschuck as a shady client. Mr Steyn will star was Lion Brian. Our former beloved GG of 5th Estate Fame stars as The Crown Attorney, a cross between Bill Grissom of CSI and Jim Garrisom of JFK. She's out to get her man! Willian Shatner as the Perry Mason Type defending lawyer.
    Filmed very economically using already existing sets at the CBC, Canada's own Ben Johnson stars as a Kanuck Mr.T., who is out to "pity the fool that tries to sell Canada bad weapons".
    First, we insure our non-floating 1960's era X-Brit diesel Subs, for a few billions. The insurance pays off that mess! In the final scene of the movie, they are accidentally destroyed!
    Movie cost: About $15-Million. Straight to TV & DVD Revenues, $20-million. Profit $5-Million.
    Laughs? Priceless. A new film genre is created the Situation Comedy Historical Drama.
    Who knows? The US may want to pick it up as a new reality TV show in the fall.

  • http://intensedebate.com/people/MostlyCivil MostlyCivil

    I don't want the money back. I want him tried for perjury. A couple days picking up litter on the side of the road in an orange jumpsuit and I'll happily call it even.

    • Smith

      I hear you there. Heck, as a taxpayer I think I'd even be willing to cough up a bit more money to see that happen!

  • Denis Ling

    Bravo Andrew Coyne. I paid very close attention to the Oliphant report when the judge made it public on TV. I also read Harvey Cashore's book The truth shows up. The question "where did the 20 or so million $ go"? is still unanswred. If Mulroney was willing to lie for 3 hundred thousand $, how do we know he is not lying for millions? RCMP should reopen the airbus investigation. The 2.1 million $ should be returned to them and used to pay for it. Denis . Comment as a guest

  • http://zerzetzen.wikispaces.com Roderick Russell

    Excellent article Mr. Coyne, but how many other politicians do we have today with Mulroney style ethics? It seems to me that Canada’s press gives our politicians and establishment far too easy a ride, far too often. Let's have more old-fashioned investigative journalism

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