GREG MCARTHUR
From Friday's Globe and Mail Published on Friday, Jul. 27, 2007 12:12AM EDT Last updated on Friday, Apr. 03, 2009 10:10AM EDT
Brian Mulroney has been ordered to pay more than $470,000 to his former associate Karlheinz Schreiber over the mysterious $300,000 in cash payments Mr. Mulroney received from him after he left office in 1993.
In a default judgment the Ontario Superior Court released Thursday against the former prime minister, the court ruled Mr. Mulroney had not met certain deadlines. It's the latest chapter in a continuing feud between Mr. Schreiber and Mr. Mulroney, former political allies dating back to when Mr. Mulroney was still a young Quebec business executive trying to lead the Progressive Conservative Party back to glory.
Reached Thursday night at his Rockcliffe Park condominium in Ottawa, Mr. Schreiber said the decision came as a surprise. It also means that the questions surrounding the $300,000 cash payments that Mr. Mulroney took from Mr. Schreiber shortly after he left office will endure, Mr. Schreiber said.
However, Mr. Mulroney and his legal team have cried foul and issued a statement alleging that Mr. Schreiber and his lawyers have contravened a written agreement to refrain from seeking such a default judgment.
Mr. Schreiber said he was disappointed that he never got to ask Mr. Mulroney under oath about what he did for the cash payments.
"Well, this is the question we wanted him to answer," said Mr. Schreiber, whose lawyer had recently sought to examine Mr. Mulroney. "I haven't the smallest clue why he and his law firm didn't follow properly up in the courts — but this is the consequence."
Luc Lavoie, Mr. Mulroney's spokesman, said Thursday night that Mr. Mulroney hadn't filed a statement of defence because both legal teams had agreed to hold off while they tried to resolve the issue of whether the case should be tried in Quebec or Ontario.
Instead, Mr. Schreiber and his team "proceeded to surreptitiously obtain a judgment," Mr. Lavoie said.
"Mr. Mulroney will move immediately to set this judgment aside," Mr. Lavoie said.
In March, Mr. Schreiber took Mr. Mulroney to court, alleging that Mr. Mulroney had accepted a total of $300,000 in cash at three separate hotel meetings in New York and Montreal shortly after he left office in 1993. In return for the payments, Mr. Mulroney was supposed to help Mr. Schreiber establish a light-armoured vehicle factory for one of Mr. Schreiber's European clients, Thyssen AG, the lawsuit alleged. Also, the former prime minister didn't deliver on a promise to promote Mr. Schreiber's burgeoning pasta business, Reto Restaurant Systems International, the lawsuit alleged. Mr. Schreiber wanted the money back plus interest.
The tattered relationship between the former prime minister and the international deal maker is a far cry from the alliance that was forged in the early 1980s. At that time, Mr. Mulroney's associates were plotting the overthrow of former prime minister and Tory leader Joe Clark, and Mr. Schreiber, new to the country and federal politics, was looking for influential friends and lucrative contracts for his European clients.
Mr. Schreiber donated money to Mr. Mulroney's campaign efforts and helped organize the anti-Clark movement. Shortly after Mr. Schreiber became a citizen in 1982, Mr. Mulroney sent a telegram to the German national's hotel room in Ottawa: "It is a pleasure to welcome you to Canada."
However, the two found themselves at the centre of a storm in 1995, when the RCMP set its gaze on their relationship. That year, the Mounties sent a letter to the Swiss government, seeking access to Mr. Schreiber's bank accounts and alleging that Mr. Mulroney, Mr. Schreiber and lobbyist Frank Moores had defrauded Canadians, accepting kickbacks and illegal commissions on Air Canada's $1.8-billion purchase of 34 Airbus jetliners.
Mr. Mulroney sued the RCMP and the federal government, alleging that he had been defamed. He eventually settled for $2.1-million.
However, it was only a few years later that a deep fissure divided the two forever, after the CBC's fifth estate obtained Mr. Schreiber's bank records and discovered a coded account labelled Britan.
When the CBC confronted Mr. Mulroney's spokesman about the account — which sounded a lot like "Brian" — Mr. Lavoie called Mr. Schreiber the "biggest fucking liar the world has ever seen."
That comment, Mr. Schreiber says, shocked him and his family, and it was only a few years later that he revealed in The Globe and Mail that, between 1993 and 1994, he had met Mr. Mulroney at New York's Pierre Hotel, Montreal's Queen Elizabeth Hotel and a Montreal airport hotel and handed him $100,000 in cash each time.
Mr. Mulroney has repeatedly declined to explain what he did for the $300,000 and why he didn't disclose it during his testimony in his lawsuit against the government. He has said that he paid tax on the income, but has never disclosed what year it was paid.
Just this week he was asked by a Canadian Press reporter about whether his memoirs, which go on sale on Sept. 10, will elaborate about the payments. Mr. Mulroney responded: "Buy a copy. Buy a copy. Buy a copy."
Mr. Schreiber is still fighting an extradition order to Germany where he is wanted on charges of tax evasion and bribery. In his most recent and final legal stand, he has appealed to the Supreme Court, arguing that the German justice system has already decided that he is guilty.
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