Ex-mayor Michael Applebaum sentenced to 12 months in jail

Extended: Applebaum's statement on being sentenced Former Mayor Michael Applebaum pledged to think about his crime and be a better person

Former Montreal mayor Michael Applebaum has been sentenced to 12 months in jail, plus two years probation.

Judge Louise Provost handed down the judgment Thursday afternoon, two months after finding Applebaum guilty on eight counts of corruption, fraud, and conspiracy for his role in collecting $60,000 in bribes from businessmen for two projects. Applebaum was found guilty of pocketing $37,000 in kickbacks.

She called his behaviour and actions "highly reprehensible" as she handed down the sentence, reminding him of his duties as mayor by reading out in the courtroom the oath he took as he entered office.

After she read the sentence, Applebaum was handcuffed and taken out of the courtroom.

Before being led away, the 54-year-old former politician told the court that he will be a “model prisoner,” and that he will reflect on his crimes.

He also spoke of how he helped the people of his borough and served the people of Montreal for 19 years, though he did not offer an apology.

Applebaum's sentencing was delayed Thursday; Provost said he was in the hospital in the morning, though his lawyer would not elaborate on what happened.

Provost spoke to aggravating factors that led to her sentence, including that Applebaum was mayor and in a privileged position. She said citizens no longer tolerate elected officials profiting from their duties and using their position to advance certain projects.

She also mentioned some mitigating factors in her decision, including his son's testimony about Applebaum’s importance to the family, as well as his physical and psychological health.

Provost also said she looked at similar cases involving other elected officials, including former Laval mayor Gilles Vaillancourt, and the former mayor of Vernon, B.C.

Crown prosecutor Nathalie Kleber had asked for Applebaum to serve two years in prison followed by two years on probation, while defence lawyer Pierre Teasdale recommended either a suspended sentence or community work and weekends in jail.

Provost said she ruled out that request for a mixed sentence, meaning evenings and weekend jail time and community work, citing jurisprudence.

She added that she felt firm jail time was necessary but that a prison sentence (more than two years) was too harsh.

The maximum sentence was five years in prison.

Kleber said she was satisfied he would serve time in jail.

"If you are found guilty on those counts, you go to jail," she said. "This is a message that has been sent, that corruption can't work anymore... there is a consequence to corruption."

Teasdale said the sentence was "in accordance with what we might have expected," adding "Of course I'm disappointed. I guess my colleague is disappointed too, she didn't get what she was asking for."

When asked if Applebaum expected jail time, he said, "He had been warned (it) wasn't to be excluded."

The criminal acts took place between 2007 and 2010 when Applebaum was the borough mayor for Cote des Neiges-Notre-Dame-de-Grace.

The Crown presented five witnesses, including his former aide Hugo Tremblay, who demonstrated that Applebaum had orchestrated a scheme to receive kickbacks from developers.

Tremblay’s testimony was key, saying he made developers and businessmen think their projects would be delayed or even not approved unless they made an extra cash contribution.

Teasdale never presented any defence witnesses, arguing that police had not presented physical evidence that anyone other than Tremblay had handled the money.

When she found Applebaum guilty Provost said she found many of Applebaum's statements made during secret recordings, including when Tremblay wore a wire, were "troubling."

Applebaum was one of three men charged and convicted in the plot.

Former councillor Saulie Zajdel and Jean-Yves Bisson, the head of permits for the borough, pleaded guilty to the charges they faced. Both were sentenced to community service.

Teasdale has said his client will not appeal the conviction.

Applebaum was interim mayor of Montreal from November 2012 to June 2013, stepping into the role after former mayor Gerald Tremblay resigned, facing his own allegations of corruption.

"There were a lot of hopes riding on him, that he was going to restore faith in the city, so then when 13 months later he's charged with corruption, I think, you know, it hit the city very hard," said political analyst Bruce Hicks.

With files from Sidhartha Banerjee of The Canadian Press