Almost five years after Madame Justice Denise Bellamy delivered her report on Toronto's Computer Leasing Inquiry, the Ontario Provincial Police have determined there's no basis for the laying of criminal charges.
Toronto Council asked for the police investigation September 30, 2005 - just weeks after Bellamy released the scathing report on two public inquiries: Toronto's computer leasing scandal and another looking into various other external contracts.In her report, Bellamy said it was likely that former budget chief Tom Jakobek had accepted a $25,000 bribe from MFP lease salesman Dash Domi, for helping to get council's approval for a $43 million, open-ended leasing contract that ballooned to nearly double that amount.The report also slammed Toronto's former treasurer Wanda Liczyk and other staff who accepted gifts, meals and sports tickets from MFP and Domi, as well as other contractors.In 2003, the inquiry into the allegedly corrupt and sometimes steamy events that occurred in the late 1990s arguably helped David Miller win the mayoralty, on the promise to clean up city hall - and its recommendations led to the creation of a suite of accountability offices, including a lobbyist registry and an integrity commissioner.But according to OPP spokesperson Insp. Dave Ross, the $17.2-million inquiry didn't produce enough evidence to warrant criminal charges being laid."It was a detailed, document-driven investigation," he said. "We examined almost a million pages of documents including transcripts and other legal submissions. That's why it's taken several years. At the end of that, we didn't find sufficient evidence."Insp. Ross said the rules of evidence are different in public inquiries compared to criminal courts.And he said the passage of time was also a factor."The events were in around 1997 to 1999, and the inquiry took place after that - and the investigation started in 2005," he said. "It's a consideration when we have to evaluate a case."Tom Jakobek was out of town vacationing with his family when the OPP made their decision public. He said in an emailed statement that the report proved his innocence, which he has always maintained."I served this city faithfully and exceptionally for 20 years," he said. "I was the best Budget Chief they ever had. (They have had 3 in the same period after me). I delivered an unprecedented nine consecutive zero tax increase budgets, even in those impossible first three years of amalgamation."He added that "the records show the city's budget has been an absolute disaster since my departure." "The accusation by the Mayor and his friends was always political and never had any basis. The police report and conclusions prove my innocence. There was never any evidence from the beginning."Mayor David Miller also delivered his statement via email."I want to thank Chief Bill Blair and the Ontario Provincial Police for their consideration of this matter," wrote Miller. "While the investigation recommends no formal charges, the scandal and the resulting inquiries shed light on a truly regrettable breach of the public trust that should never have happened. I'm proud that prior to or since 2005 when Madame Justice Bellamy's comprehensive report was released, the City has reviewed or acted on all 241 recommendations. Action to implement five outstanding recommendations will be completed by the end of this year."Madame Justice Bellamy refused to comment on the matter, referring to the four-volume report she drafted at the conclusion of the inquiry, which took place over three years and saying through an intermediary that it would be inappropriate to comment further.The decision was greeted with dismay by some councillors. Beaches-East York Councillor Sandra Bussin - who once represented the same ward as Jakobek - called the decision not to press charges "incredible." "The judge said there was likely criminal wrongdoing and it was up to the council to suggest criminal charges were laid," said Bussin. "Five years later, we get this answer and I don't think that's good enough."Don Valley West Councillor Cliff Jenkins was first elected in 2003, and said the news that came out of the inquiry helped spur him to run.He said the results were "very disappointing.""What's factually known about that situation would suggest there should be charges laid," he said. "But I'm very positive about the results of the exercises. When you shine the light of day on unsavory tactics, I think that's money well spent."Trinity-Spadina Councillor Adam Vaughan covered the inquiry as a journalist. He said while no one has been charged criminally, the inquiry and its lessons should serve as an argument against privatization in the 2010 mayor's race."One thing I'll concede that the private sector does much better than the public sector is corruption," he said. "MFP was another example of a bad contract that worked to the vendor's favour and not the city's favour. It's a cautionary note. There may not be criminal findings in this case but there were certainly some serious consequences."