Ferguson's lawyer says trial waste of money

The lawyer for a former Saint John councillor told a jury at his defamation trial Friday that the five-year long lawsuit has been a waste of money,  benefiting only lawyers like him.

"Legal fees in the millions," said Gillis.  "And to what purpose?"

Gillis began closing arguments in the John Ferguson case, which began in 2007 and is wrapping up following an 11-week trial.

He told the jury the lawsuit was an attempt to silence Ferguson and was forced by senior executives at City Hall who were concerned the councillor was drawing too much attention to the pension issue.

Gillis said the executives, including former city manager Terry Totten, current city manager Patrick Woods, city solitcitor John Nugent and former finance commissioner Andrew Beckett all sat on the board, and had substantial personal pension benefits they were working to protect when Ferguson arrived on the scene in 2004.

The group was working to steer city council away from pension benefit cuts as a solution to a growing deficit, Gillis told the court, and grew concerned that ongoing Ferguson criticisms would wreck those plans.

"You have a secret agenda, I suggest, by senior staff and no agenda by councilor Ferguson except to do the right thing," he said.

Gillis claimed many of the comments Ferguson made weren't defamatory at all and, if they were, had been directed at city managers, not the pension board

In addition, he argued Ferguson was entitled to a "qualified privilege" to speak his mind as an elected representative.

Pension board reputation

In a parting shot, he then claimed the pension board had no reputation to protect in any event.

Noting the huge pension fund deficit and recent criticisms of the board made by New Brunswick Finance Minister Blaine Higgs, Gillis told the jury if it does find against Ferguson, to award only a penny in damages.

"One cent. That's what the pension board's reputation is worth," he said, before placing a penny on the table in front the pension board's lawyers Barry Morrison and Timothy Hopkins.

Morrison then began his closing summary, brushing aside much of Gillis's arguments as meaningless.

"The best defence is a good offence," he said of Gillis's theories and arguments "But this is a case about defamation."

Morrison painted Ferguson as a liar and attention seeker who stirred up trouble around the pension issue only to pursue higher office.

"He was going to ride that pony right to the mayor's chair," said Morrison, in reference to Ferguson's failed mayoralty bid in 2008.

Morrison accused Ferguson of launching "violent attacks" on the reputations of city managers who sat on the pension board.

"That reeks of malice," said Morrison. "Mr. Ferguson was bent on a course of action and nothing was going to dissuade him."

Morrison continued to insist that Ferguson is behind a "Free Ferguson" T-shirt campaign in the city and told the jury his denial is proof of his deceptive personality.

However, the creator of the T-shirt, Conrad Brock, said he's doing it on his own and has never even met Ferguson.

"I object your honour," he tweeted, shortly after Morrison raised the T-shirt issue for the third time in the trial on Friday.

Morrison was unable to finish his closing argument and will conclude his address on Monday morning.

Justice William Grant told the seven-person jury to pack bags and expect to begin sequestered deliberations Monday afternoon, following his instructions.