Sentencing reserved for former First Nations’ Chief convicted of fraud

“The offender’s attitude towards the crime demonstrates a substantial likelihood he would continue to commit the same or similar crime if he had the opportunity,” Howarth said.

“I’m not a threat to the community or anyone else” _{– Napoleon Mercredi}

According to evidence heard in court during the trial last fall, over $775,000 of band money was misappropriated during Mercredi’s time as Chief. Mercredi has personally been accused of pocketing over $260,000, which is in addition to the money he received for salary ($65,000) and travel allowance. The defence argued Mercredi was not aware his actions were criminal in nature. Howarth explained that while Mercredi does not have a master’s degree in business, he still had both the sophistication and knowledge of the way the band ran its politics and finances and how economic development money flowed.

“He used that specialized knowledge to commit significant and repeated criminal acts,” he said.

While stating that a custodial sentence was ‘inevitable” given his client’s position of trust, Defence lawyer Garth Bendig suggested a provincial sentence would be more appropriate. Bending explained a controls-and-guidelines free system was in place prior to Mercredi’s tenure, where Chiefs from within Prince Albert Grand Council could access a line of credit for the support of their membership.

“It was a system that I think was designed to fail,” he said.

Bendig went on to explain that Mercredi received little personal benefit from the funds, noting there were no significant increases to his net worth or his assets. Bendig also said the money in question was distributed to band members who had come to Mercredi for assistance.

“It was the way business was done,” Bendig said, adding his client was fully prepared to now pay restitution, and give the truck back.

Bendig also informed the court Mercredi was owed money from the band, and Bendig said he was personally told by recent outgoing Chief Louie Mercredi that they also did not want Napolean Mercredi to be prosecuted.

At the time Napolean Mercredi lost the election in 2011, he was not allowed to return to his job as economic development officer, which was in violation of the band’s own election act. When asked by Justice G.A. Meschisnick how much money was owed, Bendig said he could not say.

“That has yet to be negotiated,” he said.

Napoleon Mercredi was also given the opportunity to speak on Friday and said he was sorry for what he had done, and added he never thought his actions would land him in court.

“I thought I was helping my people,” he said.

Mercredi also expressed his belief that he was targeted by a political charge, and made the accusation that the elected Chief after him, had taken even more money.

“I’m not a threat to the community or anyone else,” he said. “You learn from your mistakes and it will never happen again.”

Justice Meschisnick indicated he was prepared to make a decision Friday, but after hearing of Mercredi’s personal circumstances, agreed to reserve the decision to Oct. 9.

The court heard Mercredi’s wife is wheelchair-bound and relies on him for care. Mercredi’s son has also been diagnosed with Stage 4 cancer, and the family has a scheduled meeting with doctors next week.

“I want to take care of my family and my son before he passes,” Mercredi said.

Outside the courthouse Friday, Mercredi told paNOW.com he was strongly considering the option to appeal.

–

nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell

by Nigel Maxwell

Sentencing reserved for former First Nations’ Chief convicted of fraud

What's Trending