OTTAWA - The Liberal party is asking a judge to order Prime Minister Stephen Harper to produce key documents his legal team failed to disclose as promised or wouldn't hand over as part of Harper's $3.5-million lawsuit against the Grits.
The documents include records of a meeting Harper's aides held when journalists began inquiring last February about allegations the Tories had offered a now-deceased independent MP a $1-million life insurance policy for help defeating the Liberal minority government in 2005.
Also included are portions of diaries kept by the MP, Chuck Cadman, and his wife Dona, a Conservative candidate in Surrey, B.C. in the current federal election.
The Liberals also want a range of emails from the Prime Minister's Office and copies of Harper's itinerary for the day a B.C. journalist interviewed him about the alleged offer.
Lawyers for the Liberal party filed a motion in Ontario Superior Court on Thursday asking for a hearing before Justice Charles Hackland to request an order compelling Harper to produce the documents.
Harper told author Tom Zytaruk in September 2005 he was aware only that the Conservatives had discussed "financial considerations" with Cadman.
The prime minister has since testified the considerations were limited to financial and other support for an election campaign if Cadman were to rejoin the Conservative party after a falling-out before the 2004 election and vote against the Liberals in a confidence motion in May 2005.
During his sworn testimony in a recent cross-examination in the case, Harper insisted he knew nothing about his party offering Cadman a new life insurance policy.
In response to questions from Liberal lawyer Chris Paliare, Harper said he only authorized his top political organizer, Doug Finley, to meet Cadman the day of the confidence vote and offer him campaign support if he voted against the Liberals and rejoined the Tories. Another close former political adviser to Harper, University of Calgary professor Tom Flanagan, was with Finley at the meeting, Harper testified.
The motion Paliare and co-counsel Odette Soriano filed Thursday said the information the Liberals are seeking had either been promised by Harper's lawyer, Richard Dearden, taken under advisement or "improperly refused" during cross-examinations over affidavits Harper and key aides have filed in the law suit.
In another development, a court transcript of Dona Cadman's recent cross-examination contains comments from her that could have repercussions in a related court action Harper has filed over his claims that Zytaruk altered the 2005 interview tape to portray Harper as saying things he did not say.
Dona Cadman, under questioning by Paliare, said that Zytaruk, who interviewed Harper outside her Surrey home, played the tape for her immediately after the interview.
She had earlier told Zytaruk about comments her late husband had made about the insurance policy and a list of nine other enticements the Tories allegedly presented to him two days before the confidence vote. Among the enticements was supposedly a spot in the Conservative caucus as deputy justice critic.
Harper has claimed Zytaruk did not begin the interview as portrayed in the tape by asking about the insurance policy. Sound experts he hired for the court case have filled affidavits claiming the tape had been altered, there was inexplicable added noise, and segments were possibly missing.
Donna Cadman testified that Zytaruk played the interviewed for her in her house that day, after telling her he had asked Harper about the insurance policy.
"When you listened to the tape you heard him ask that, and you heard Mr. Harper's answer," Paliare said to Cadman.
"Right," she replied.
"And that was the beginning of the tape that you heard," the lawyer went on.
"Right," said Cadman.
Later in the court examination, Cadman listened to a copy of the tape Harper claims has been altered - and told Paliare she believed it was the same tape she heard the day of the interview.
A hearing on Harper's request for a court order to stop the Liberal party from using or distributing the tape is scheduled to begin Sept. 22.
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