Napoleon Mercredi emerges from Prince Albert Court of Queen's Bench on Thursday. Judgment in his case has been reserved to Dec. 6. (Nigel Maxwell/ paNOW Staff)

By Nigel Maxwell

Following The Money

“His primary intention was to help people”: closing arguments wrap up at Mercredi fraud trial

Oct 31, 2019 | 3:19 PM

Following nearly six hours of in-depth analysis by the Crown last week it was the defence’s turn Thursday to make final submissions at the Napoleon Mercredi fraud trial.

Mercredi, who was Chief of Fond Du Lac from the fall of 2009 to the fall of 2011, has been charged with fraud over $5,000 and breach of trust. During the Crown’s closing submissions last week it was asserted that Mercredi cared only for his own interests, and when taking money from a line of credit to assist band members, was always taking the greater share. Defence lawyer Garth Bendig started his closing submissions by disputing that claim.

“His primary intention was to help people,” he argued.

According to evidence heard in court during the trial, over $775,000 of band money was misappropriated during Mercredi’s time as Chief. Mercredi has personally been accused of pocketing over $280,000, which is in addition to the money he received for salary ($65,000) and travel allowance. Bendig pointed out it was “almost impossible” to determine what any money was physically used for, as there was no evidence for that.

Defence lawyer Garth Bendig wrapped up his closing submissions in less than two hours. His central focus was the lack of evidence to prove his client had done anything criminal. (Nigel Maxwell/ paNOW Staff)

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Another point of contention for the Crown was the location where Mercredi made the majority of his transactions ($161,000), which was at the Northern Lights Casino. Crown lawyer Darren Howarth had drawn the conclusion Mercredi was using the money to gamble.

“I won’t accept that,” Bendig stated, adding again there was no evidence to prove that.

Bendig then went on to explain that as a politician it’s expected his client would do business where the majority of their constituents are, and therefore it would be reasonable to assume the chief would receive multiple requests for money while he was there.

“Was he too generous, I don’t know, maybe, but that’s impossible to establish,” Bendig said.

A third point of contention for the Crown last week was Mercredi must have known what he was doing, given that prior to being elected, he had over 10 years experience as the band’s economic development officer. Bendig dismissed that claim, stating his client had no knowledge how to code a cheque or even how the financial business was handled, and was “oblivious” to where his personal allowance was coming from.

“It’s a big job to step into, with a big budget and zero training,” Bendig explained.

One final point raised by Bendig had to do with issues around Mercredi’s travel. During his time as Chief, Mercredi spent eight months of the year away from the community, and is alleged to have requested close to $30,000 to supplement his expenses..

Bendig explained different leaders will lead their communities differently, and in Mercredi’s case he chose to advance the band’s interests through economic development trips.

Bendig said there was nothing dishonest or illegal about that, given that there was no statute or band policy governing how much money could be requested and Bendig refuted some claims by the Crown that Mercredi may have, at times been “double dipping” by accepting travel allowance cheques from both Prince Albert Grand Council as well as the Fond Du Lac band.

“There’s no meat on that bone,” Bendig stated, adding it was entirely possible for Prince Albert Grand Council to be paying for one part of the trip and for the band to be reimbursing for something else given that the Chief may have very well been attending two or three different meetings at various locations during his trip.

Bendig also addressed the discrepencies related to the days Mercredi’s bank card was used at the Northern Lights Casino, on the same day he was scheduled to be away on business. He said it was not unreasonable to think Mercredi’s actual travel days may have differed from his original request, or that he gave his card to a spouse to use, while he was away.

“What you’re left with is giving Chief of First Nation discretion. That discretion did not come with requests for reporting,” Bendig stated.

Citing the amount of details in the case to consider, Judge Meschisnick reserved his decision, and adjourned the case to Dec. 6.

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nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell