Paralegal's representative calls corruption charges 'preposterous'
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Criminal charges of ticket-fixing against a York Region prosecutor are “meritless and preposterous” and should never have been laid, a Law Society of Ontario discipline tribunal heard Friday.
Frank Alfano, who represents former provincial prosecutor Catherine Petrolo, was opposing the temporary suspension of her paralegal licence at the tribunal after his client was charged criminally for allegedly fixing tickets in exchange for a computer, tablet and a Yorkdale gift card.
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“Prominent, experienced criminal defence lawyer Alan Gold stated that the criminal allegations are meritless and should never have been laid,” said Alfano. “Gold also stated that he believes the Crown will be unable to prove these allegations beyond a reasonable doubt.”
“What do you expect from a defence lawyer?” asked tribunal chair Barbara Murchie.
Alfano responded that Gold “goes much deeper than that” analyzing how Petrolo dealt with four individuals, reviewed their statements, concluding “these charges as alleged simply cannot be made out.”
Petrolo, 36, has been a licensed paralegal since 2011 and was earning more than $100,000 a year when she was fired by the regional prosecutor’s office in October after being snared in an 10-month investigation called Project Tadeu that also landed York Regional Police Const. Richard Senior in trouble.
Petrolo was charged with breach of trust and obstructing justice for fixing tickets. Senior, 44, is facing 30 criminal charges, including trafficking cocaine.
In one case, Petrolo was messaged by Senior and allegedly agreed to lower a speeding ticket down to 15 km/hr over. Petrolo was terminated and the case was given to another prosecutor who also trimmed the ticket to 15 over, the tribunal heard.
“The resolution for the speeding was exactly the same. It was the same as those done, day in and day out,” said Alfano. “Either they (all prosecutors) are in on it, or these are just average everyday deals that prosecutors make.”
There was no evidence that Petrolo received any benefit. She agreed not to practice as a paralegal until the tribunal gives a decision.
Law Society discipline paralegal Kristina MacDonald wanted to suspend or restrict Petrolo’s practise to prevent “significant harm to the public and the administration of justice.”
“Are you telling us if you do a favour for a friend, you can lose your licence?” asked Murchie.
“When you are doing it in this fashion, you are circumventing justice, ” said MacDonald.
“You’re looking for the professional equivalent of capital punishment,” Murchie told MacDonald.
The tribunal has reserved its decision.
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