Photo taken Monday of Napoleon Mercredi and Garth Bendig leaving court. (Nigel Maxwell/ paNOW Staff)

By Nigel Maxwell

Financial irregularities

Discrepancies between cash withdrawal and travel dates questioned at chief’s fraud trial

Oct 8, 2019 | 6:12 PM

The bank records belonging to Napoleon Mercredi were a central focus of discussions during day two of the former Fond Du Lac chief’s trial.

To start Tuesday’s proceedings, court played a three-hour video statement between RCMP Cpl. Hugh Gordon and Mercredi in November 2014.

Mercredi is charged with theft over $5,000, fraud, and breach of trust.

During his questioning, Gordon focused on two key subjects: a line of credit that exists between Prince Albert Grand Council and the Fond Du Lac band, and also some alleged irregularities discovered in Mercredi’s travel expenses.

Gordon informed Mercredi he uncovered records which showed over $292,000 from the line of credit was paid out directly to 12 people including Mercredi, with Mercredi’s share totalling over $197,000.

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“Why did you need it?” Gordon asked Mercredi repeatedly, noting the former chief already received a good salary and travel allowance.

Mercredi replied it was to financially assist people from the band that asked him for help. He said he felt it was his responsibility as chief to help them.

Gordon replied he could understand that, but then explained his records showed the majority of the money was spent on personal merchandise. Gordon also informed Mercredi during his time in office, the band’s debt climbed from $118,000 to $293,000.

“At some point did you not worry somebody was being deprived of money?” Gordon asked.

Gordon told Mercredi as chief, the band’s financial health was his responsibility and he had left the band in a deep hole. Mercredi replied it was not fair to blame him, adding he had only requested the money from Prince Albert Grand Council (PAGC), but never authorized the cheques that came his way.

“If the band wants to sue me, they can sue me,” he said.

As for Mercredi’s travel expenses, Mercredi said those were covered by both the PAGC and the band in the form of cheques.

Gordon listed several examples where Mercredi said he was on a business trip, but bank statements said he was withdrawing cash at the Northern Lights Casino in Prince Albert. In one example, Mercredi was scheduled to be in Moncton from Aug. 24 to 27, 2019, but Gordon said Mercredi’s bank records indicated several transactions in Prince Albert involving Mercredi cashing cheques.

“All it looks like you were doing was travelling to Prince Albert to get cheques from the grand council,” Gordon said.

In total, it’s alleged Mercredi stole over $497,000 from the band, including a $5,000 payment from the Northern Lights Community Development Corporation. The money would have been the band’s share of the Saskatchewan Indian Gaming Authority’s annual profits.

Cross examination

Mercredi’s lawyer Garth Bendig began his line of questioning by probing Gordon how he came to be involved in the investigation. Gordon explained his supervisor received a call from an officer at the detachment in Fond Du Lac. Bendig then asked Gordon if he was aware that the officer who made the complaint also happened to be the brother of the chief at the time, Earl Lidguerre.

Bendig also addressed the alleged irregularities related to Mercredi’s travel expenses. He asked Gordon if he thought it might be possible Mercredi gave his bank card to someone else while he was away, such as a spouse.

“It’s possible,” Gordon replied.

Bendig said there were no actual video records of his client making any of the transactions at the casino, nor was there any evidence to prove he was not where he said he was.

Another line of questioning from Bendig concerned Gordon’s knowledge of Fond Du Lac and First Nations culture. When Gordon was asked if he had ever been to Fond Du Lac, Gordon replied he had not.

Bendig then explained to Gordon that a First Nation like Fond Du Lac is self-governing and the chief essentially acts as a prime minister. He also explained oral agreements are common in Indigenous culture, and a lack of financial receipts is an example of that.

Bendig argued Canada as a whole is in debt, and said it’s not uncommon for a First Nation community to also be in that position.

Two weeks have been set aside for the trial. A handful of band members from Fond Du Lac were in court Tuesday to observe the proceedings, including one of Mercredi’s former councillors.

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nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell