Like a spoiled child beyond even coddling, this grown-up
couldn’t discern that his behaviour, every bit as much as his decisions, were
under a judicial microscope. Contrition was never an expectation.
Triggering the Judge to intervene late Wednesday afternoon was
the cross-examination by Geoff Budden, lawyer for the Muskrat Falls Concerned Citizens
Coalition (this scribe is one of the Coalition’s three interveners along with
David Vardy and Ron Penney). But the moment was not his as much as it was Kate
O’Brien’s. Budden had merely continued a line of questioning which Martin interpreted
as a licence to obstruct and to void the Inquiry of the requirement of basic
civility.
O’Brien had established her credentials from the very
beginning, as had Co-Counsel, Barry Learmonth. The most ardent of cheerleaders
for Muskrat could not be anything but impressed by their grasp of complex
issues as much as by their research, articulation and relentless questioning of
witnesses. No witness, including the most difficult, were spared especially when
answers to fundamental questions were lost in confounding verbiage and segue.
Seemingly, long before he graced the Inquiry with his
presence, Martin had decided that he would become either a recalcitrant witness or one that would confer on the proceedings disdain for the process and his
brand of condescension and arrogance.
From the first moments of Swearing, Martin confirmed that he
would concede nothing that suggested that he or his project team were
responsible for the debacle under investigation. Allegations that his Project
Director had attempted to change the conclusions of the Independent Project Review
team were met with approval rather than disdain or even bewilderment. That he
had not given the politicians a figure as to the potential for cost overruns –
and that the public was not informed either – left him unbowed.
Danny Williams’ lawyer actually sought for Martin more time to
inform the Commissioner of the benefits of the Muskrat Falls project. That was just
an hour earlier and Martin might have taken the Judge’s response as a clue when
he stated that he was interested only in the facts of the project, not politics.
It wasn’t as if Martin had attempted to shed light on the
decision-making processes and the doubtful 50-year forecasts – especially the Demand
figures - that led to the choice of the Muskrat Falls option. Neither was it the case that Martin willingly
offered explanation for why far less risky options - offshore gas, Liquified
Natural Gas (LNG) or power purchases from Hydro Quebec – were omitted under his
arbitrary hand. Those issues simply got lost in Martin’s self-serving
contextualization and tangents. Worse, they dripped – as one observer noted - with
condescension and belligerence towards O’Brien.
By any standard Ed Martin’s was quite a performance, just not
one that should be associated with professionalism or with the conduct expected
of a senior official – even of one let go.
Whispers among the few seats occupying the Inquiry wondered if
this was a case of misogyny at play in an open public forum. O’Brien took on
the chin what the Judge referred to as Martin’s “attitude” throughout Monday
and Tuesday and into Wednesday. So, no
one was surprised when after two and a half days of aggressive rudeness by
Martin a breach could be discerned in LeBlanc’s normally inscrutable
countenance.
The loud bang of Judge LeBlanc’s frustrated hand signified that
he had endured enough of “this foolishness”.
The ferocity of his message possibly spoke to its postponement.
The Judge was clear, as this CBC transcription
confirms: “I've had it Mr. Martin. You're not being the witness here. You're
trying to run the show. It's going to stop right now. And if it doesn't stop,
unfortunately I'm not going to be able to hear the rest of your story". The Judge was not nearly finished lecturing the
failed former CEO. "You are not responsive to the questions. You're
actually being rude as far as I'm concerned and I don't want it anymore. I
wouldn't put up with it in court, and I'm not going to put up with it
here", LeBlanc continued, often wagging his forefinger in Martin’s
direction.
It was a long overdue admonition for a brat who, long ago,
needed to be reined in. This is the guy whom Williams and Dunderdale gave
unfettered access to the public purse.
Ed Martin's behaviour speaks to their judgement, too.
