
Prosecutors are expected to withdraw a criminal charge against Vice-Adm. Mark Norman, providing a major victory for the senior naval officer who has always maintained his innocence in advocating for the government to build a naval supply ship.
The announcement, expected Wednesday morning according to sources with knowledge of the matter, will end the government’s two-year legal battle against the officer and heads off what would have been a politically explosive trial for the Liberal government in the middle of a federal election campaign.
The Public Prosecution Service of Canada took the unusual step Tuesday evening of advising journalists that they might want to attend an already-scheduled appearance at Norman’s pre-trial hearing Wednesday morning in Ottawa.
Norman, who was the second-highest ranking officer in the Canadian Forces, was charged last year with one count of breach of trust. The RCMP alleged Norman tipped off Davie Shipbuilding in the fall of 2015 that the Liberal government was considering delaying a project in which the Quebec firm would convert a commercial ship into a much-needed supply vessel for the Royal Canadian Navy. Details about the government’s decision were also leaked to journalists, and the resulting embarrassment — along with $89 million in financial penalties that would have been imposed on the government — forced the Liberals to back down on their plans.
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But the government brought in the RCMP to hunt down the source of the alleged leak, and the police force ultimately focused on Norman as their suspect.
In pre-trial hearings over the last year, defence lawyer Marie Henein has been methodically building an argument that the Liberal government had politically interfered in the case and that its officials had ignored subpoenas to disclose documents relevant to the matter.
Norman’s trial had been set for August, and could have seen key Liberal cabinet ministers and officials being cross-examined in court in the run-up to the anticipated October election.
In documents filed during the pre-trial process, Norman’s lawyers took aim at a key cabinet minister, focusing on allegations about Scott Brison’s links to the powerful Irving family, which owns Irving Shipbuilding, and his role in the Liberal government’s plan to delay the Davie contract.
Brison, who has retired from politics, has denied any wrongdoing and Irving has denied allegations it engaged in any political meddling to undercut its rival shipyard.
Among other allegations from the pre-trial hearings, one witness Norman’s lawyers called revealed that his superior, a Canadian Forces brigadier general, told him Norman’s name was deliberately not used in internal files — meaning any search conducted for records about Norman would come up empty. Norman’s lawyers cited the evidence as an example of how the process was being rigged against their client.
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