Caplan wants city to pay for his lawyer
August 18, 2006

Prosecutor being interviewed by CBC as he leaves the courthouse on Aug 15. Caplan agreed to a deal that has him make a charitable donation in return for withdrawal of the charges.

Former ward one councillor Marvin Caplan asked the city to foot the bill for a lawyer to defend him against charges that he violated the Municipal Elections Act. Caplan made his appeal last week - to the same city councillors who voted in March to lay the charges against him.

"I'm here to ask you to pay for a lawyer to help defend me when this matter comes to trial on September 15," Caplan told council's committee of the whole meeting on August 9, arguing that he has been charged because of "the actions and statements I made as a member of council."

Outside lawyer Timothy Wilkin advised councillors in March "that there are reasonable and probable grounds to believe that Mr Caplan committed an offence by failing to retain his financial records for the requisite period of time".

Councillors subsequently voted 12-1 " that the City of Hamilton institute the laying of charges against Marvin Caplan under the Municipal Elections Act" and that the charges be based on Wilkins legal opinion. The opposing vote was cast by Bill Kelly.

At last week's meeting, Barkwell advised councillors before Caplan spoke that they should not have any public discussion in response to his comments. "I strongly recommend there should not be any public discussion or public debate with respect to Mr Caplan's submission, given that the matter is before the courts," said Barkwell.

Councillors took no action on Caplan's request. Caplan subsequently agreed to a deal that has him make a charitable donation and Wilkin agree to withdraw the charges.