{"id":10715,"date":"2016-02-09T22:03:36","date_gmt":"2016-02-10T03:03:36","guid":{"rendered":"https:\/\/huntsville.dopperonline.ca\/?p=10715"},"modified":"2016-02-12T08:27:14","modified_gmt":"2016-02-12T13:27:14","slug":"finley-pleads-guilty-to-the-swearing-of-a-false-affidavit","status":"publish","type":"post","link":"https:\/\/doppleronline.ca\/huntsville\/finley-pleads-guilty-to-the-swearing-of-a-false-affidavit\/","title":{"rendered":"Finley pleads guilty to the swearing of a false affidavit"},"content":{"rendered":"

It’s finally over. With today’s sentencing of former Huntsville Economic Development Officer John Finley, the Blackbird Boats fiasco has been put to rest.<\/span> Finley was in Bracebridge court on Tuesday, February 9, 2016 and pleaded guilty to the swearing of a false affidavit on January 31, 2011.<\/p>\n

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Finley was sentenced to three months of conditional house arrest and another three months during which he will have to adhere to a curfew between the hours of 12 a.m. and 6 a.m. and a court mandated surcharge of $100. Prompted by Crown attorney Ted Carleton, he was also ordered to serve 30 hours of community service.<\/p>\n

In handing down her sentence, Justice of the Peace Cecile Applegate noted that Finley, 67, has no previous criminal record. She said while he should have known better, she accepts the premise put forth by his counsel that his actions were a \u201cfleeting moment of misjudgment in an otherwise impeccable life.\u201d Although she added that \u201cit was a serious and deliberate moment of misjudgment,\u201d she accepts the numerous character reference letters which confirm shock with Finley\u2019s actions and how \u201cout of character this is for him.\u201d<\/p>\n

Current and former community members pen letters in support of Finley<\/strong><\/p>\n

The court heard that 16 character reference letters were received on his behalf from, among others, former Huntsville Mayor Len Clarke, former Huntsville Chief Librarian Maureen Cubberley, former Huntsville and current Kingston CAO Kelly Pender, Huntsville Councillor Brian Thompson, and Finley’s daughter Alexandra. The court also heard that the publicity stemming from Finley’s charges have been very difficult on him and his family, has contributed to his wife Celia\u2019s health issues, and has tainted his reputation and impacted his business as a consultant.<\/p>\n

\u201cAbsent this matter\u2026 he has worked the better part of his life to improve this community,\u201d said Applegate who agreed to a joint submission between Finley\u2019s lawyer, Jonathan Shime, and the Crown for which a portion would be fulfilled under house arrest rather than the customary jail time. She said the sentence provides a \u201csignificant\u201d amount of denunciation and sends a message to the community at large that \u201cthis type of conduct will not be tolerated.\u201d<\/p>\n

\"John

John Finley<\/p><\/div>\n

She also said that while she accepts that Finley was not the creator of the litigation strategy that saw the Town of Huntsville and its former tenant, Blackbird Boats (operating under the corporate name Hunter-Rutland), embroiled in a lengthy legal battle over rental arrears and the tenant\u2019s missing CNC router, it in no way detracts from the fact that Finley should have known better when he swore a false affidavit. The court heard in a statement of facts that in that affidavit, prepared by a paralegal hired by the Town and sworn to by Finley on January 31, 2011, Finley did not acknowledge the sale of the CNC router the tenants left behind when they were evicted from the building they rented from the Town at 215 Main Street East. Finley at the time indicated that he presumed the router had been removed by the tenants although it was later discovered that it had been sold by Finley to someone in Collingwood for the sum of $6,500 and paid for through a bank draft which went directly to the account of then Huntsville Mayor Claude Doughty\u2019s charity golf tournament. It\u2019s that affidavit that landed Finley in hot water and for which he has been convicted. The charges of obstructing a peace officer and perjury have been dropped.<\/p>\n

Here is what happened as read in court during a statement of facts:<\/strong><\/p>\n