Mistrial in Daniel Bard's fraud trial, new lawyer to be appointed
Bard, 60, faces 19 charges alleging fraud, theft, money laundering
A mistrial was declared Tuesday in Daniel Bard's trial in Moncton provincial court on alleged financial crimes.
Bard, 60, has been on trial on 19 charges of fraud, theft, money laundering and possession of property obtained by crime.
A series of developments Tuesday saw Bard's lawyer withdraw from the case, a judge order the government fund a new lawyer, and Judge Anne Richard declare a mistrial.
Essentially, this means the trial will start over again once Bard has a new lawyer.
Bard had no comment as he left the courthouse. Crown prosecutors also declined to comment.
Tim Dubé, a lawyer appointed by the judge to assist with the case, told reporters a mistrial was the appropriate outcome in the circumstances.
"It's a disappointing outcome for sure, but it's the only potential and possible outcome that the judge could decide on," Dubé said.
"Declaring a mistrial was the only remedy that was left."
Some of the allegations date to when Bard was a vice-president of investment attraction for 3+ Corp., which was a municipally funded economic development agency for the Moncton region.
In 2019, CBC reported that Bard was accused by several business owners and individuals of receiving hundreds of thousands of dollars in administrative and brokerage fees while working for the agency but failing to deliver on promises and then vanishing.
Bard was charged in 2022, and originally set to go on trial in late 2023, but the trial was rescheduled when he parted ways with his lawyer.
Bard filed a Rowbotham application to have the government fund a lawyer for a person denied legal aid.
That was approved, with James Matheson taking over as his lawyer.
Bard's six-week trial by judge-alone started April 22 but faced delays over Matheson's health. Matheson told the court he has an eye issue that requires surgery, which was causing him to experience vertigo.
Matheson's health led the judge to appoint Dubé as amicus curiae, a Latin phrase meaning friend of the court, to assist with cross-examination.
The judge ordered Dubé to take a larger role in the trial, including being able to hold confidential discussions with Bard, as Matheson's health problems continued to affect the trial.
When Matheson was ordered by a doctor to take a medical leave in mid-May, Dubé was expected to take over as the trial continued.
However, Dubé also took a medical leave.
Both lawyers were back in court Tuesday when the judge was expected to get an update on when the trial could resume.
But Matheson told the judge he was not improving and would be placed off work for an extended period. He asked to be removed as Bard's lawyer, saying that delaying the case further would be unfair to Bard.
"I'm truly and so sorry that this situation has developed the way it has," Matheson told the judge.
Bard told the judge he agreed with Matheson's departure.
Government to fund new lawyer
The judge asked if Bard would seek a new lawyer through a Rowbotham application. Bard said he would. After a short break, Crown prosecutor Andrew Pollabauer said the province's attorney general would approve the request.
Dubé had filed an application asking the judge to stay the charges Bard faced, alleging his Charter right to a timely trial had been violated. That issue was expected to be discussed June 11.
However, Dubé said they were withdrawing that application.
Pollabauer said the Crown didn't believe it would be fair to continue the trial without Bard represented by a lawyer, inviting the judge to declare a mistrial.
"I grant that remedy as well," Richard said.
Because Dubé's appointment was tied to Matheson, the judge ruled his role ended Tuesday with Matheson's withdrawal.
The judge scheduled Bard to return to court June 17, when a new lawyer is expected to be named, and new trial dates may be set.
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