Skip to content

City solicitor subpoenaed in appeal

Michael Linkie wants North Bay residents to know how their tax dollars are being spent.
Michael Linkie wants North Bay residents to know how their tax dollars are being spent.

The suspended city bus driver is being taken back to court by out-of-town prosecutor Frank Perron, who has appealed the dismissal of a traffic charge laid against Linkie.

“It’s a $132 fine, but if I’m found guilty on appeal it will affect the city’s commercial vehicle operating license and mean higher insurance premiums,” Linkie said.

“And I’m sure this has already cost thousands of dollars and will cost thousands more at a time city hall has been asked to tighten its belt.”

Entirely up to him
Neither city solicitor Michael Burke nor Perron would comment about the specifics of the case when contacted since the matter was still before the court.

Perron stated he had filed the appeal on his own accord and hadn’t received any direction from Burke, who has since been subpoenaed by Linkie to testify at the appeal.

Burke said Perron had “asked us direction but because of the circumstances the decision was entirely up to him.”

“We don’t want there to be any conflict of interest or influence one way or another,” Burke said.

Not proven in court
Linkie had been charged by an off-duty Ontario Provincial Police officer two years ago before he was suspended.

Perron, a provincial offences court prosecutor in Sudbury, was brought in to handle the case to avoid conflict of interest—one city employee prosecuting another.

The charge against Linkie—starting his bus from a stopped position not in safety—was thrown out in North Bay Provincial Offences Court Jan. 27 by Justice of the Peace Patricia D. Tennant, who ruled his identity had not been proven in court.

Perron, though, stated in the appeal application, obtained by BayToday.ca., that Tennant had “erred in her decision.”

“Identity was proven and admitted in evidence,” Perron wrote.

Other issues
Linkie said it’s “funny” Perron would use that as grounds for an appeal, “since I didn’t get on the stand and give any evidence.”

The off-duty OPP officer, Linkie added, admitted in court he was unable to identify the bus driver the night of the offence in question.

Linkie believes he’s being harassed by city solicitor Michael Burke “who has other issues with me.”

He said he was suspended from work because he refused to answer questions about other police charges against him without legal representation, “which is part of our collective agreement with the city.”

Acquitted las April
Linkie was acquitted last October of three charges of criminal harassment and two charges of uttering death threats.

He goes on trial April 2 facing charges of sexual assault.

The appeal is being held April 5.