Wednesday, May 25, 2005

Question 3: Was section 119 of the criminal code broken?

119. (1) Every one who

(a) being the holder of a judicial office, or being a member of Parliament or of the legislature of a province, corruptly
(i) accepts or obtains,
(ii) agrees to accept, or
(iii) attempts to obtain,

any money, valuable consideration, office, place or employment for himself or another person in respect of anything done or omitted or to be done or omitted by him in his official capacity, or

(b) gives or offers, corruptly, to a person mentioned in paragraph (a) any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by him in his official capacity for himself or another person,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

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If Grewal is guilty of anything, it will fall under section (a): he is a member of parliament who (possibly) is on tape 'attempting to obtain' (s.s. iii) a consideration.

If Murphy is guilty of anything, it is under section (b): he may be offering a consideration to Grewal.

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