TORONTO—The prosecution at Ontario’s gas plants trial has asked the courts to acquit the two accused on one of three charges they face.
The Crown said there was no reasonable prospect of conviction on the breach of trust count against David Livingston and Laura Miller.
The two former senior aides to ex-premier Dalton McGuinty still face two other counts related to the destruction of documents.
Their lawyers are set to argue the judge should acquit them on those counts as well—without hearing any defence evidence.
Livingston and Miller still face charges of mischief and unlawful use of a computer.
The prosecution alleges they illegally destroyed documents related to the Liberal government’s decision to scrap to gas plants ahead of the 2011 election.
In asking Ontario court judge Timothy Lipson to acquit the pair Friday, prosecutor Tom Lemon said the Crown had considered the totality of the evidence and decided the breach-of-trust charge could not stick.
“There’s no longer a reasonable prospect of conviction,” Lemon said.
At the same time, he said, the prosecution was “not conceding the directed verdict motion” regarding the other two counts.