Mayor Joe Fontana, the self-styled political street fighter, was dealt the judicial equivalent of a knockout punch.

As his guilty verdicts came down Friday on three criminal charges, London’s mayor leaned back in his chair, his shoulders slightly slumped, and stole a quick glance back at his wife Vicky, sitting in the front row of the packed courtroom.

Then, at London’s biggest political spectacle in years, he fixed his eyes squarely on Superior Court Justice Bruce Thomas.

The judge had blasted apart Fontana’s explanation for doctoring a wedding reception contract and submitting it to the House of Commons comptroller for a $1,700 payment in 2005 when he was a Liberal MP and cabinet minister.

“I disbelieve him,” Thomas said.

Fontana was like a little boy caught with his hand in the cookie jar — and the judge treated him that way.

“While I am perplexed as to why a man of such accomplishments might choose to take these actions for $1,700, I do not find that that detracts from the strength of the Crown case,” Thomas said.

“I have long ago abandoned the notion that motive results from a logical cost-benefit analysis.”

It was Free Press investigative reporting by Chip Martin in 2012 that first publicly exposed the questions swirling around the $1,700 payment.

An RCMP investigation led to the charges.

Fontana was convicted of breach of trust by a public official, fraud and uttering forged documents after the Mounties probed the longtime former MP’s expense claim.

The case revolved around a $1,700 federal government cheque issued to the Marconi Club in London. It was the same amount the Fontanas paid when they booked the hall in October 2004 for Fontana’s son’s wedding reception.

The police discovered Fontana altered the original wedding contract with a blue ballpoint pen, some whiteout and an eraser, slapped the word “original” on the top, then faxed it to his Ottawa office for payment in March 2005.

Thomas didn’t buy Fontana’s story at trial that he doctored the contract to cover the promised deposit for a cancelled reception Fontana ordered in February 2005 for then-finance minister Ralph Goodale, who was visiting London.

Instead of asking the Marconi Club for a proper invoice, the defence said, it was easier and quicker to change the copy of the old contract that just happened to be at Fontana’s house.

“I reject it completely,” Thomas said.

The judge saved some of his harshest words for Fontana’s friend for 40 years, Vincent Trovato, former president of the Italian social club, who testified he handled all the arrangements for the cancelled reception instead of the club’s general manager, Joe DiPietro, and vouched for Fontana’s promise to pay the deposit even though no invoice was ever issued.

He said he handled the arrangements because DiPietro was on vacation at the time of the booking — something DiPietro refuted when the Crown recalled him to the stand.

Thomas said he “got the feeling that Mr. Trovato was making it up as he went along.”

He didn’t believe Trovato ever talked to Fontana about the $1,700 deposit or to DiPietro about the payment being related to a political event.

“I come to the conclusion that he and Mr. Trovato either collectively or individually concocted a story for this court that was intended to create a reasonable doubt and in doing so, allow Mr. Fontana to escape conviction,” Thomas said.

The judge also said Fontana’s incredulous reaction to seeing the changed document “defies belief.” He was shown the paperwork during a videotaped interview with RCMP Const. Shawn Devince and claimed he didn’t recognize it. “It was, as he said, a document unlike any other he had ever created.”

It was a crime of opportunity. Fontana had a old contract and was “aware of the possibilities provided by the cancelled reception,” the judge said.

Fontana’s fraud was only discovered when the cheque was cut to the Marconi Club — not to Fontana directly, as Thomas said the mayor intended, and then was applied toward the wedding reception bill.

“At that point it became a problem. He could hardly ask that it be re-issued,” the judge said.

The Crown proved all three charges, the most serious the breach of the trust count.

While Fontana was buried in the judgment, Thomas threw a life saver to the House of Commons comptroller and accounting officer Michel Champagne, with a reminder that the office, which reviews “hundreds of thousands of claims,” was Superior Court Justice Bruce Thomas.

Emotion swept over Fontana once Thomas finished. Tears appeared in his eyes when he hugged his wife and made his way out of the courtroom.

Outside, he only had a brief statement to reporters about his being “surprised, shocked, devastated” by the decision, avoiding questions about any appeal or resignation before quickly leaving in a waiting SUV.

Defence lawyer Gordon Cudmore was also disappointed, but has turned to the July 15 sentencing hearing.

Cudmore said he’ll collect reference letters and compile a long list of the mayor’s accomplishments to “see all sides of the picture and see the total Joe Fontana. “

Asked if he would ask for a reference letter from Trovato, “no” was Cudmore’s clipped response.

While the calls began almost immediately for Fontana’s resignation, at least one supporter outside the court said the mayor should be forgiven and he would back him if he runs for re-election.

“I will vote for him, yes,” said Larry Guidolin, a friend of Fontana’s.

jane.sims@sunmedia.ca

twitter.com/JaneatLFPress

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THE LAW

Breach of trust by a public official

The most serious of the three Fontana convictions.

Carries no minimum sentence under the Criminal Code, leaving the door open for anything from an absolute discharge to a maximum five years in prison.

To convict, the Crown had to prove Fontana acted in connection with his duties as an MP; breached the standard of responsibility and conduct demanded of him; that the conduct represented a marked departure from what was expected and that Fontana intended to use his public office for a purpose other than for the public good.

THE JUDGE

Superior Court Justice Bruce Thomas

Based in Windsor.

Formerly a Chatham criminal lawyer, part-time Crown and federal prosecutor.

Appointed to Ontario Court of Justice in 1999 and assigned to Chatham.

Became regional senior justice for Ontario’s west region in 2007.

Appointed to Superior Court of Justice in 2008.

Not his first foray into London criminal cases with political overtones — he oversaw the jury trial of Tim Best, the husband of former London mayor Anne Marie DeCicco-Best, who was found guilty of impaired driving causing bodily harm, dangerous driving and failing to remain at an accident in 2011.

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EXCERPT

While I am perplexed as to why a man of such ­accomplishments might choose to take these actions for $1,700, I do not find that that detracts from the strength of the Crown case. I have long ago abandoned the notion that motive results from a logical cost-benefit analysis. - From the decision of Justice Bruce Thomas

Mr. Fontana says it should never have been credited against the wedding but where else did he think it would go considering the Marconi Club could only reference it by contract 2661 (his son’s wedding reception contract)? - From the judge's decision

I have reminded myself that reasonable doubt is not a far-fetched or frivolous doubt. It is a doubt based on reason and common sense. It is a doubt that logically arises from the evidence or lack of evidence. - From the judge's decision

By submitting a fraudulent document for reimbursement for an event that never happened, for an amount . . . not communicated to him in connection with the political event, he abused the public trust and used his public office for a purpose other than the public good. - From the judge's decision

Mr. Fontana in 2004-2005 was a veteran politician. He was a cabinet minister. He was completely coversant in the policy, protocol, and direction associated with the reimbursement of MP’s expenses. He suggests to this court that he chose on March 22, 2005, while sitting in his home, to alter his son’s wedding reception contract in the manner described to see that the Marconi Club was paid a debt of $1,700. - from the judge's decision

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IN HIS OWN WORDS

'I'm surprised, shocked, devastated'

What Joe Fontana said to reporters outside court, with wife Vicky at his side, after the verdict:

Media: “What’s going through your mind? How do you feel?”

Fontana: “I’m very surprised, shocked, devastated by, obviously the verdict and, obviously, I’m so appreciative of the support that I’ve gotten from my legal team, my wife, my kids, supporters. You know, and I regret all this had to happen, especially for the people of London. But I’ll have something to say in the near future.”

Media: “Are you going to resign?”

Fontana: “I will make a statement in the near future with regards to what I intend to do. I obviously need to digest what has taken place, talk to my legal team and look at what I’m going to do.”

Media(several asking questions): “Are you going to appeal?”

Fontana: “I’m going to talk to Gord” (Cudmore, his defence lawyer).

Fontana walks off with his wife to an awaiting SUV and drives away.

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THE FORCE PLAY

Staying in office

Under Ontario’s Municipal Act and Municipal Elections Act, a criminal conviction alone isn’t enough to force a mayor from office.

What disqualifies a mayor from continuing to hold office:

A mayor “would have to be serving a sentence of imprisonment in a penal or correctional institution” to be forced out, a provincial official says.

The law doesn’t say how long such a jail stint must be, leading to the interpretation that even one day in jail disqualifies a mayor from remaining in office.

— Patrick Maloney, The London Free Press

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REACTION ON THE STREET

“He’s not setting an example, and he’s using people’s money. Why put on a big wedding if you can’t afford it? . . . I think he should do some time (in jail).”

— Gloria Young, 71

“I’m not surprised at all. That’s normal around here. You can’t be clean to get a job here.”

— Beverly Duke, 39

“He shouldn’t be representing us. He should step down. We should have someone who is trustworthy representing us.

— Rochelle Salters, 16

“I thought he might weasel out somehow, like O.J. Simpson. As for the sentence, I think he should be treated like anybody else, and I think he should do a little time (in jail).”

— Bruce Lovatt, 65

“For the most part, he’s been a good public servant. I kind of feel bad for him, but at the same time, a man of his intelligence knew what he was doing.

— Steve Stark, 62

— Megan Stacey, The Free Press

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AMONG COLLEAGUES

“Mayor Joe Fontana should resign from political office immediately so London can move past this scandal . . . Joe has put his personal interests above the well-being of this community for far too long. I am tired of it. Londoners are tired of it.”

— Matt Brown, mayoral candidate

“He needs to step aside for London. Citizens’ trust in their elected officials is shattered . . . Joe has to put the citizens of London first and foremost, before his ego.”

— Joni Baechler

“I am sorry for our city and council that has gone through this. I guess now there will be some closure with the sentencing (in July). There are tough days ahead for council."

— Nancy Branscombe

“We are trying to get investors here, bring business here, and we do not need this black eye. But we have one.”

— Denise Brown

“There are a lot of loose ends out there. If Joe walks away, they disappear and there could be significant impact.”

— Bud Polhill

“It breaks my heart to know my mayor has been found guilty. What we do now depends on what he does.”

— Harold Usher

“The ball is in (Fontana’s) court.”

— Bill Armstrong

“Council needs to hear (from Fontana) and decide where we go from there.”

— Sandy White

“I don’t think he has an option — he has to resign. He can’t be mayor. He should step down.”

— Dale Henderson

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TWITTER REACTION

Well, that makes the mayoral race a bit more interesting. I wouldn’t be surprised to see Swan throw his hat in now. #LdnOnt – C. P. E. Sach @sackobooks

Mayor Joe is guilty of fraud. Hopefully he doesn’t just get a slap on the wrist at his sentencing trial #ldnont – Meaghan R @megzriedl

#SaugeenStripper, St. Paddy’s Day riots, the murder city, now a corrupt #mayor: Do I have to start lying about where I’m from? #LdnOnt – Emily Innes @Emlocks5

Was your son’s wedding worth all this Joe? #ldnont – Brittany Isabella @missbfaz



I hope #Fontana goes to jail . . . only because any average citizen found guilty of his crimes would be going straight there. #LdnOnt #OnPoli – Bailey Lamon @Bailey_theAlien

There should be no favoritism for #Fontana. Public officials caught stealing need to be held accountable. We need 2 stop accepting it.#LdnOnt – Pcofwork @pcofwork

Mayor #Fontana, this #ldnont resident demands you resign immediately. – Jeff Wareham @BeyondFunds

My dad has always called #fontana a crook. Well dad. . . u were right . . . — @alacealace

Dear Toronto: This is how you’re supposed to deal with corrupt mayors. #fontana #LdnOnt – Richard Dew @Richard_Dew

I know it is difficult for #LdnOnt reputation, but Fontana guilty verdict makes me feel like justice was served. – Shawn Lewis @shawnwlewis

WHOA. Lots of questions - what does this mean for #ldnont? Hoping we can move forward and demand higher integrity from our Council. – Brian Gibson @BrianGibson13

Wow. Just wow. #ldnont needs to look forward now, to our own, better future. — Dean Sheppard @DeanShpprd

Sad day for London, better days ahead #LdnOnt – Nancy Loucks-McSloy @nancm

— Compiled by Jennifer Bieman, The Free Press