Weeks-long delay in Bard trial denied, defence asks no questions to recalled witness

Shane Magee · CBC News

· Posted: May 14, 2025 3:12 PM EDT | Last Updated: 6 minutes ago

A justice connected Wednesday rejected a petition for a multi-week hold successful Daniel Bard's proceedings connected alleged fiscal crimes.

Bard, 60, is connected proceedings connected 19 charges that see fraud, theft, possession of spot obtained by transgression and wealth laundering. Bard's six-week proceedings successful Moncton provincial tribunal started April 22 erstwhile helium was represented by defence lawyer James Matheson.

Matheson this week was told by a doc to instrumentality a aesculapian permission until aboriginal June, leaving Bard represented by Tim Dubé, who had a lesser relation erstwhile the proceedings began. 

Dubé told Judge Anne Richard connected Tuesday he'd beryllium acceptable to proceed Wednesday. But erstwhile the lawsuit resumed Wednesday morning, helium asked for a hold of 2 to 4 weeks to reappraisal worldly related to the case.

Crown prosecutors initially objected, but aboriginal said they'd consent if Bard waived his Charter close to be tried successful a timely mode for the play betwixt the commencement of the proceedings and its conclusion. Dubé previously filed a petition for Bard's charges to beryllium stayed, arguing that his close to a speedy proceedings has been violated. 

Dubé on Wednesday said Bard wouldn't waive that right and Richard said grounds would continue.

The archetypal witnesser was Saly Davis, a co-owner of a concern Bard allegedly defrauded, who testified earlier successful the trial. Davis was recalled aft Matheson said helium whitethorn not person been afloat competent during her grounds and cross-examination. 

With Davis backmost successful the witnesser box, the justice turned to Dubé and asked if helium had questions for her. 

"No questions," Dubé replied. 

"She was brought backmost astatine defence petition to person further cross-examination successful airy of the comments that defence counsel Matheson had fixed connected May 1 related to his quality to recognize what happened, oregon his wellness connected April 30," the justice said. "So successful airy of that, you inactive don't privation to cross-examine oregon inquire immoderate questions of this witness?"

Dubé said helium wasn't acceptable to proceed Wednesday.

"You're not prepared?" Richard asked. "Since the clip of this peculiar proceedings you've had nary mentation for the witnesser adjacent though we've discussed connected a fig of occasions that she was going to beryllium re-testifying connected cross-examination?"

Dubé repeated helium had yet to reappraisal the boxes of documents truthful helium wasn't acceptable to inquire questions.

The justice dismissed Davis and the Crown called its adjacent witness. 

Mario McGraw, an quality serviceman successful Moncton with the Canada Border Services Agency, testified astir a database of times Bard re-entered Canada betwixt January 2016 and December 2020.

The database included 30 entries — galore of them through airports successful Toronto and Montreal successful 2017 and 2018.

The proceedings has heard assorted references to Bard travelling overseas during the clip helium allegedly was defrauding oregon stealing from businesses. Witnesses person testified Bard claimed to beryllium moving with businesses successful Spain oregon Italy.

Dubé said helium had nary cross-examination questions for McGraw. 

Testimony is expected to resume Friday.