Tuesday, June 14, 2005

FAQ 9c. Did Dosanjh or Murphy break s. 119 of the criminal code? (KN)

(Guest post of KN continued.)

Whether the two Liberals broke s. 119 depends on section 119(1)(b). Those elements are:

1) �Every one who�(b)�offers corruptly,
2) to a [member of Parliament]
3) any�office�
4) in respect of anything� to be done or omitted by [the Member of Parliament] in his official capacity�

In this case, the question will be whether they are guilty of the first element. The difference here is that if they offered anything, it was clearly corrupt. The only question is whether they actually offered anything. That is a factual determination that would depend on a full reading of all transcripts. For consideration of the section of the meeting released on May 18th, see Cherniak's analysis of the first release.


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