Napoleon Mercredi was convicted of defrauding the Fond du Lac Denesuline First Nation of close to $290,000 earlier this year but what remains to be seen is how much of this money he will actually have to pay back.
The Crown says the former Fond du Lac chief should be required to pay $260,000 in restitution but it is certain Mercredi’s defence will arrive at a much lower number.
In a Prince Albert courtroom Friday morning, defence lawyer Garth Bendig asked Justice Gary Meschisnick for more time before a sentencing decision is rendered so the current chief and council can make a submission on what this amount should be.
Bendig said there is no doubt what Mercredi did was wrong but argued he is also the victim of political machinations after a new chief and council were elected in 2011.
“It was a strange set of circumstances that brings Napoleon Mercredi to this court,” he said. “In accessing effectively, a line of credit, that was made available to him, without any parameters, without any restrictions.”
Mercredi served as chief of the Fond du Lac band from 2009 to 2011.
The majority of the money he is convicted of stealing during this time was accessed from a fund held by the Prince Albert Grand Council for alleged economic development purposes.
Mercredi also held a position as an economic development officer for the community during this time but was terminated after he lost the election for chief in 2011.
He claims he is owed economic compensation by the First Nation and Bendig said this should be taken into consideration when determining a restitution number.
“The court has determined there will be an element of restitution to the sentence and the Fond du Lac First Nation has their own position on what is owed to Napoleon Mercredi as part of their obligation to him. We’re looking to offset that to what the court will eventually determine what the Fond du Lac First Nation is owed.”
The Crown is also seeking a prison term of three-and-a-half years in a federal institution.
Bendig is arguing for a lesser term of no more than two years to be served in a provincial facility.
In agreeing to Bendig’s request for more time, Justice Meschisnick said victims of any crime should be provided the opportunity to have their say.
However, the judge warned the window of opportunity to do this is quickly closing and said all victim impact statements must be submitted to the court no later than Oct. 21 and accompanied by a band council resolution.
The sentencing decision has been adjourned until Oct. 23.
(PHOTO: Napoleon Mercredi. File photo.)