SUDBURY—‎The byelection bribery trial of two Liberals came to a sudden end Tuesday with an acquittal that defence lawyers called a “complete vindication” in a prosecution fuelled by political pressure.

Judge Howard Borenstein took the rare step of dismissing the Election Act case against the pair for lack of evidence‎ in a directed verdict before any defence witnesses were called.

The finding of not guilty lifts a cloud of suspicion hanging over Patricia Sorbara, former deputy chief of staff to Premier Kathleen Wynne, and local Liberal organizer Gerry Lougheed for more than two years.

In a decision that took 40 minutes to read in court, Borenstein dismantled the prosecution’s case piece by piece.

“One who seeks to be a party’s nominee is not running in a general election,” he said.

Sorbara and Lougheed were accused of offering prospective candidate Andrew Olivier jobs or posts to quit his push for the Liberal nomination in a 2015 byelection, making way for Wynne’s choice, defecting New Democrat MP Glenn Thibeault, now her energy minister.

“Candidate refers to candidate at an election,” Borenstein added.

Sorbara faced an additional charge for offering paid campaign jobs to two of Thibeault’s NDP office staff as an inducement for Thibeault to leave federal politics and join Wynne’s team.

Sorbara was acquitted on that because Borenstein said he “cannot see how employing two entrusted staff” violates the act.

“It does not amount to bribery.”

Sorbara cried and hugged her legal team after the verdict.

“I have only one feeling right now: grateful,” Sorbara said as she left the courthouse with her lawyers Brian Greenspan and Erin Dann.

Ontario Premier Kathleen Wynne says she wanted to take the witness stand Sept. 13 to be as “open as possible” at a bribery trial involving a former top adviser and a Liberal fundraiser. (The Canadian Press)

Lougheed called the decision a “great relief” but said he is “absolutely” soured on party politics for now.

He and lawyer Michael Lacy said they will take time to think of their next legal steps with “all options” on the table.

“The judge found today there was no evidence at all to support this case,” Lacy told reporters.

“This . . . is obviously a complete vindication, but also raises questions about why they prosecuted this matter to begin with, this misguided police investigation, misguided decision by the Crown to carry through,” he added.

Citizens should be “wondering why this case, the money that went into this case, why it was wasted on the investigation and wasted on this prosecution.

“Obviously it’s a very happy day for Gerry, but it’s a day that never should have been.”

Crown prosecutors did not comment after the verdict that Greenspan described as a “total exoneration.

“These charges ought never to have been brought . . . there was a misguided interpretation of the law. It was an aggressive interpretation,” Greenspan added.

The dramatic ruling followed an application from defence lawyers for a directed verdict after the Crown finished presenting its case.

The defence argued evidence from witnesses in court last month showed Thibeault had agreed to become the candidate before Sorbara and Lougheed approached Olivier with opportunities to stay involved in the party after he was passed over, meaning there was no official nomination race.

They also maintained the Election Act does not apply to “private” nomination races governed by the constitutions of political parties.

Sorbara and Lougheed faced fines of up to $25,000 and maximum jail time of two years less a day under the charges, which were not criminal.

It’s the second time Lougheed has been cleared following an Ontario Provincial Police investigation.

Criminal charges against the wealthy local funeral home owner and philanthropist were stayed in 2016, several months before the lesser Election Act charges were laid against him and Sorbara. She had not been charged previously.

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Moments after the verdict, Progressive Conservative Leader Patrick Brown, whose party has been airing attack ads on the Sudbury trial, maintained “this is a scandal-ridden government” despite the acquittals.

“To celebrate that they managed to avoid a guilty verdict in one of them is not a celebration,” said Brown, who was recently served with a notice of libel from Wynne for claiming she was on “trial”in Sudbury.

NDP House Leader Gilles Bisson, who attended parts of the trial, complained that the Liberals “got off on a technicality.

“I don’t see this as a great news story for the government,” Bisson told reporters at the Legislature.

“They can wrap this as a victory if they want,” he said, adding the Liberals lost “in the court of public opinion.”

In a statement, the Ontario Liberal Party said “we regret that vindictive opposition demands for prosecution put these two innocent people through an ordeal of almost three years in order to defend themselves and their reputations.

“We welcome Pat Sorbara back to the Ontario Liberal campaign team and we remain focused on the important work that lies ahead of us,” said the governing party, which is gearing up for next June’s provincial election campaign.

Thibeault, who testified at the trial last month, said “we believed we did nothing wrong. The judge’s decision clearly emphasized that.”

The probes by the OPP and Elections Ontario began after Bisson and his Progressive Conservative counterpart Steve Clark called on authorities to investigate allegations from Olivier.

Olivier released tapes of recorded conversations with Lougheed and Sorbara, accusing them of trying to reward him for not contesting the February 2015 byelection called after New Democrat MPP Joe Cimino unexpectedly quit five months into his term.

Olivier ran for the Liberals in the June 2014 provincial election, but placed second to Cimino, who gained the seat held for 19 years by retired Liberal MPP and cabinet minister Rick Bartolucci.

“I will not be bullied. I will not be bought,” a spurned Olivier told a Sudbury news conference after revealing he had talked with Wynne, Sorbara and Lougheed and told he would not be the candidate.

Wynne testified at the trial that Olivier had not been a “strong” flag-bearer for the Liberals in 2014 after losing the party stronghold to the NDP.

In one recording, Lougheed said: “The premier wants to talk. They would like to present you options in terms of appointments, jobs, whatever, that you and her and Pat Sorbara could talk about.”

Another is of Sorbara telling Olivier: “We should have the broader discussion about what is it that you’d be most interested in doing . . . whether it’s a full-time or part-time job in a (constituency) office, whether it is appointments, supports or commissions . . . .”

Olivier, a successful mortgage broker, who was injured playing hockey years ago and became a quadriplegic, records conversations because he cannot take notes.

According to the Election Act, “no person shall, directly or indirectly, give, procure or promise or agree to procure an office or employment to induce a person to become a candidate, refrain from becoming a candidate or withdraw his or her candidacy.”

With files from Robert Benzie

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