OTTAWA — Mike Duffy's trial is taking a short detour as the Crown and defence haggle over a piece of evidence.
Ontario Justice Charles Vaillancourt is hearing arguments about whether a particular Senate committee report can be considered fact for the purposes of the suspended senator's trial.
The 2010 document is heavily based on the result of three audits conducted for the Senate by the firm Ernst & Young.
The content of the report is important to Duffy's defence because it points to systemic problems in Senate administrative practices, saying policies are outdated and poorly communicated.
Duffy has pleaded not guilty to 31 counts of fraud, breach of trust and bribery, many of which relate to living and travel expenses and to Senate contracts he arranged.
The Crown argues that the report should only be treated as opinion, because it is based on the work of outside individuals, while defence lawyer Donald Bayne says it is the Senate committee that oversaw the audits and wrote the report.
