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- On March 29, 2005 a publication ban was ordered with respect to the testimony of Paul Coffin, and I undertook to hear representations by counsel for interested parties at the end of his deposition to determine if the ban should be released in whole or in part. His testimony ended this morning.
- Counsel for Mr. Coffin asks that all or most of their client's testimony should remain subject to the publication ban until after his criminal trial, which will begin in mid June. Counsel for the Commission takes the position that only selected portions of the testimony should remain subject to the ban, those portions containing references to billing practices used by Mr. Coffin which were in some respects similar to those which are the subject of the criminal charges. The Crown prosecutor concerned supports this submission. All of the other parties who have made representations on this issue are in favor of a complete lifting of the ban.
- None of the questions put to Mr. Coffin refer specifically to the criminal charges, but in two of his answers he made statements that might, correctly or incorrectly, be considered by potential jurors to be admissions of the fraudulent acts which will be the subject of his trial. Since the purpose of the publication ban was to protect Mr. Coffin from a breach of his right not to incriminate himself, those statements should not be published. All of the remainder of his testimony should be made available to the public; there is no serious danger that his actions and conduct which he describes could be confused with the actions and conduct which are the subject of the indictment.
- Accordingly the publication ban ordered on March 29, 2005 is lifted with respect to the deposition of Paul Coffin and all representations by counsel made with respect to it, except for the following portions of the transcription of Mr. Coffin's testimony for April 26, 2005 and the related portions of the broadcast tapes, namely:
- Page 19459, line 16 to page 19460, line 13;
- Page 19496, lines 1 to 19.
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John H. Gomery, Commissioner
Dated at Montreal, April 27, 2005
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