Lee fined another $4,000
Guilty verdict for not filing tax returns by Derek Neary
NNSL (Feb 27/98) - Wing Lee should have filed his taxes while in custody awaiting a host of gambling, guns and sex charges, territorial court Judge
Michel Bourassa ruled Tuesday.
Lee was fined $1,000 per count of failing to file tax returns for
1995, 1996 and 1997. He was also found guilty of failing to produce a
statement of assets and liabilities.
Bourassa concluded that Lee didn't show due diligence by
simply handing his notice from Taxation Canada to his lawyer with no
instruction.
Lee's lawyer, James Brydon, had argued that his client
could not be compelled to file because his financial records were in the
Crown's possession for the gambling charges, which were dealt with last
week.
"The timing of the demand is the critical issue," Brydon
said, adding that the charges should have come before the records were
seized or after Lee's other charges had been dealt with.
Bourassa didn't agree. "I find no error in the approach of
the regulatory regime," he said.
Brydon noted that Lee is still in custody and has no assets
with which to pay the fines. Further, he pointed out that the charge
carries no option of default, so Lee cannot serve time to work off the
fines.
Bourassa responded that the most important issue is that
Lee file those returns and gave him 30 days to do so.
Brydon had alleged that the RCMP and Revenue Canada had
worked together
to form the taxation charges, maintaining that federal agents
would have never discovered the unfiled returns.
"Taxation Canada does not do spot checks," Brydon said.
He added that he was "furious" that he didn't get a chance
to cross-examine those involved in the Crown's affidavits.
But Bourassa said Brydon was asking him to assume the RCMP
and Revenue Canada were "walking hand-in-hand," in this matter and he
couldn't make that assumption.
Lee's next court appearance is scheduled for June, when he
faces several sex-related charges, including sex with a minor. |