Government Operations Committee on May 12th, 2010

[Pat Martin, NDP, Winnipeg Centre, MB]

You said one of the people you went to was Peter Donolo, and you believe the other one was Patricia Sorbara. You phoned their office and spoke to their assistant. You said, “I spoke with an assistant. I asked to be put through to either of them. She said they weren't available”, so you left your name, phone number, etc., and neither of them got back to you or were interested in what you had to offer to the Liberal Party.

[Derrick Snowdy]

I called them and identified myself. I identified who had given me the number and referred me to them. I told them I was acting on the direction of my client and identified the individual and provided them with my name and number. I told them that I was the investigator who was principal behind this case and that we could provide them with the proper information. This was done as a result of the day's follies.

[Pat Martin, NDP, Winnipeg Centre, MB]

They didn't get back to you.

[The Chair, Liberal, Yasmin Ratansi]

Thank you, Mr. Martin.

Mr. Snowdy, I've just reviewed the documents you've given us. So that the committee is clear on what it is receiving, I would like to read it out. Because it's not bilingual, I'll have to read out what we have received.

We have an ISI deal memo signed by Nazim Gillani, but Israel Goldreich is not signed, with a schedule A with the identity of shareholders, and another ISI deal memo.

The second one I have is your timeline, the ISI-GPG timeline--

[Derrick Snowdy]

Madam Chair, that's not my timeline. That's a copy of the timeline that Mr. Gillani produced.

[The Chair, Liberal, Yasmin Ratansi]

Okay, so you're giving it to us.

[Derrick Snowdy]

It was just another copy. The interesting part is that when he alleged that we were meeting, I wasn't even in town.

[The Chair, Liberal, Yasmin Ratansi]

Okay, so it's August 20, 2009, and it ends April 13, 2010, with Rahim Jaffer and the trip.

Then there is an email from Nazim Gillani to Ian Harvey.

Then there is one from Nazim Gillani to Michael Mihelic, on January 25, 2010; Canada Revenue Agency, April 6, 2010; and one from Rahim Jaffer to Alexander Prince, dated March 30, 2010.

What you have done is given us the claim and counterclaim. I just want to clarify so the people here know that. It was between Otnorot Holdings and Nazim Gillani and Paul Colacci. It's a statement of claim, and the lawyers--

[Chris Warkentin, Conservative, Peace River, AB]

Madam Chair, on a point of order, could we maybe have those circulated when they're available?

[The Chair, Liberal, Yasmin Ratansi]

I'll tell you when they're available.

[Chris Warkentin, Conservative, Peace River, AB]

We have limited time, and I know there are still questions--

[The Chair, Liberal, Yasmin Ratansi]

The reason I am asking is that he mentioned Fasken, and I can't find it here. That's why I want to double-check that I'm not missing anything in here.

[Siobhan Coady, Liberal, St. John's South—Mount Pearl, NL]

There were other documents that I had asked for in the beginning. I asked for any evidence that was put forward, anything that you have documentation on. I had asked earlier if you would bring that forward. We had a legal interpretation.

Perhaps Mr. Snowdy's client, because he's been forthcoming to Mr. Hamilton, might be forthcoming to this committee as well. I'd appreciate that information.

[The Chair, Liberal, Yasmin Ratansi]

Thank you.

I will now go back to my order.

Go ahead, Mr. Brown.

[Patrick Brown, Conservative, Barrie, ON]

Thank you, Madam Chair.

My question is similar to yours. I want to touch upon Otnorot. Could you tell us how Mr. Gillani is involved with Otnorot?

[Derrick Snowdy]

Mr. Gillani was the owner of Otnorot Holdings.

[Patrick Brown, Conservative, Barrie, ON]

What information do you have on Fasken Martineau's relationship with Otnorot, or Mr. Apps' relationship with Otnorot?

[Derrick Snowdy]

We relied on Mr. Gillani's statement to the clients that he was represented by Mr. Apps, and then we made contact to find out that his retainer to Mr. Apps was with respect to that file and that Mr. Apps had deferred the litigation to Teplitsky, Colson.

That was significant, because during the meeting when Mr. Gillani was trying to sell these offshore companies to individual nominees for HD Retail, he was saying that they should buy an offshore corporation from him for $7,500 U.S. First of all, I knew that it costs $3,000 to establish an offshore corporation, not $7,500, so I knew he was looking to pocket $4,500 per company from each of these individuals.

He then tried to take his scheme a step further and suggested to everyone at the meeting that locally those offshore corporations were administered by Teplitsky, Colson. Now, Teplitsky, Colson is a litigation firm with no business office. It made about as much sense to me as going to a neurosurgeon for a vasectomy; they weren't compatible, but Mr. Gillani didn't know that I had that knowledge.

[Patrick Brown, Conservative, Barrie, ON]

When, again, was it transferred to the other firm?

[Derrick Snowdy]

You'd have to ask the firm of Fasken Martineau. I'm not sure when they did it.

[Patrick Brown, Conservative, Barrie, ON]

It says the relationship started in November 2006. The statement that was shared with us by Ms. Coady suggests that it was only a brief relationship. There's no reference at all to their work on Otnorot Holdings.

[Derrick Snowdy]

You'd have to go to the affidavit in the file.

Originally Teplitsky, Colson looked to get off the file because there was a payment issue. I had a hard time tracking down Mr. Gillani's support that Mr. Apps was indeed his counsel. I made a pretext call to Fasken Martineau to speak with the clerk, who indicated that Mr. Gillani's file was attached to Mr. Apps.

We further went through the email between Mr. Gillani to David Greenwood at Teplitsky, Colson, wherein he references the retainer coming from Fasken Martineau to Teplitsky, Colson, in order to pay them for the litigation procedure.

[Patrick Brown, Conservative, Barrie, ON]

What do you think of the attempts made to date by Mr. Apps, the president of the Liberal Party, to distance himself from Mr. Gillani?

[Derrick Snowdy]

I have no opinion on Mr. Apps. He's a lawyer, and he does what his clients pay him to do. Whether or not Mr. Gillani paid him with money that he obtained fraudulently is one thing; whether or not he acted in good faith is up to him. I have no comment on how he conducts his business.

[Patrick Brown, Conservative, Barrie, ON]

Do you believe unequivocally that Mr. Apps worked on behalf of Mr. Gillani?