Remember that pioneering TV game show “Truth or Consequences?” On the show, contestants received roughly two seconds to answer a trivia question correctly before a buzzer sounded. If the contestant could not complete the “truth” portion, well…there’d be “consequences.”
In coming days and weeks, I plan to post not less than 25 separate e-gaming questions/issues of significance to the e-gaming story and Judge Campbell’s recent decision to dismiss the CMT lawsuit.
I’ll ask you how you would decide based on the evidence I provide, then see what Judge Campbell decided and wrote in his decision about that issue. You will hopefully get the truth, but unfortunately with PEI’s version of this time-tested quiz game there are no consequences.
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Question/Issue #1: Did Lawyer Billy Dow know about the extension of the Memorandum of Understanding (MOU) with Capital Markets Technology?
Judge Campbell acknowledged that at the time discussions on extending the MOU were happening between CMT and the Provincial government, CMT’s lawyer (Gary Jessop) met with Billy Dow on September 20, 2012.
In Paragraph 417 of his decision, Judge Campbell presents the communication as relating exclusively to a securities matter, and makes no mention of the MOU or financial transaction platform issue:Why would Judge Campbell mention anything about Dow’s knowledge of the MOU extension when Dow swore in his Cross-examination testimony – which was in front of Campbell – that he had absolutely no knowledge of the MOU extension:
“To this day, I don’t know” leaves no doubt that Dow testified under oath that he knew nothing about the MOU extension. But don’t answer the question just yet!
Two days before Jessop (who lives in Ottawa) was to be in Charlottetown to meet with Dow on September 20, 2012 “...to discuss the [MOU] extension and other transaction issues,” he informed Dow that the MOU had been extended “…by an exchange of emails” and suggested that “…it makes sense to properly paper the extension.”
Billy Dow swore he knew nothing whatsoever about the MOU extension in his Cross-Examination. Irrefutable evidence that Dow knew about the MOU extension was before Judge Campbell’s eyes but he never mentions that document, nor points out Dow’s false sworn testimony and completely misrepresents the purpose of the meeting between Jessop and Dow on September 20, 2012, which was spelled out clearly in Jessop’s email which is inserted above.