In a very detailed submission of final arguments, Crown prosecutor Darren Howarth talked for more than six hours about why Napoleon Mercredi should be convicted of fraud over $5,000 and breach of trust.
The former Fond du Lac Denesuline First Nation chief is accused of using more than three-quarters of a million dollars in band funds to personally benefit himself, friends and family between 2009 and 2011.
The money in question was in the form of fiscal transfers from the Prince Albert Grand Council for either economic development purposes or direct loans to Fond du Lac, which came through accounts receivable.
The trial has heard when Mercredi was elected to office in 2009, Fond du Lac had a surplus of $1.8 million and by the time his term finished in 2011, the First Nation was running monthly deficits of $200,000.
The Crown has brought forward evidence that shows the former Fond du Lac chief spent $196,000 on travel, $290,000 on personal purchases and another $197,000 was divided amongst himself and 11 other band members.
Court has also heard Mercredi withdrew $65,000 from ATM machines at the Northern Lights Casino and used $25,000 in band funds to purchase a truck from Lakeland Ford.
As chief, he earned an annual salary of $65,000 with a yearly allowance of about $30,000.
Fond du Lac’s annual budget at this time was about $10.5 million per year.
Roughly 1,100 people live on the First Nation.
Mercredi’s defence lawyer Garth Bendig has argued the money spent on travel was for legitimate business purposes and other funds were spent to help band members with plane travel costs in and out of Fond du Lac, medical expenses and general assistance for those in need.
However, Howarth said Mercredi has never been able to provide any specific accounting of how his travel expenses met legitimate economic development needs for the First Nation.
He also said Fond du Lac already has band funds set aside to help band members with various needs as they arise so there was no need for Mercredi to dip into other funds to achieve these goals.
Howarth added the claim the former Fond du Lac Chief spent $50,000 to charter seven Twin Otter planes for a hunting trip, when the community was low on reserves of meat, is simply not true.
Defence has also argued the Prince Albert Grand Council has vague accounting practices, the money Mercredi spent had always been previously approved and he was not acting any differently from those who came before or after him.
Nevertheless, Howarth said just because Mercredi’s requests for money were approved doesn’t free him from personal responsibility or fraudulent intent.
As a publicly elected official in a position of power, Mercredi had a fiduciary duty to ensure the money was spent responsibly, he said.
Howarth said by using the funds in a fraudulent manner, the former Fond du Lac chief deprived band members of other opportunities.
The trial, which is taking place at Court of Queen’s Bench in Prince Albert, resumes next Thursday.