Tuesday, October 31, 2006
Possible mistrial raised in corruption case
CKNW - October 31, 2006
VANCOUVER (CP) - A lawyer for a former B.C. government aide facing corruption charges says a lack of evidence disclosure by the Crown makes the case a prime candidate for a mistrial.
Michael Bolton told Justice Elizabeth Bennett on Tuesday the case is a serious contender for a miscarriage of justice.
Bolton and other defence lawyers want access to the RCMP project room where the evidence is kept.
............. snip .............
Bolton, who is Dave Basi's lawyer, said police used "misleading, misinformed and perhaps deliberately false affidavits" to obtain authority for two wiretaps.
The court heard Monday police obtained a wiretap for a government cellular phone without telling the authorizing judge it was a government phone.
He said the [RCMP project] room contained more than just privileged documents from the B.C. legislature, but also information of police informants.
"The relationship between RCMP and their informants would be fundamentally impaired," Berardino said, if defence lawyers were allowed to see the information.
Read the complete report at:
If the three accused are innocent they should be able to prove it regardless of disclosure. The fact they have 61,000 pages of info, but still are not happy, tells me they are either fishing for a helpful technicality or, more likely, stalling
Also, I think that these high-priced lawyers ought to be able use this pre-trial hearing to sort through and eliminate the deficiencies.
Try googling William Berardino. His law firm claims to be able to solve any issue. Well, I really hope he does.
If the reports are true, the RCMP engaged in questionable tactics in obtaining the warrant to tap Basi's cell. The Government / Crown clearly doesn't want its dirty laundry exposed and Basi / Virk have an obvious excuse.
As I have said all along, this case will never see the inside of a courtroom for trial and now we have a pretty good out for everyone. I predict that we see a mistrial or at least another series of delays which will eventually lead to the dismissal of charges "in the interest of fairness to Virk and Basi".
What did you think of the Chief Justice of B.C. Supreme Court making public a widely-aimed e.mail chastising the Attorney General in no uncertain terms?
Then ... so far as I can see yet today ... no mention in West Coast newspapers of the Tuesday session in which Bill Berardino gave his view of how the 66,000 documents were handled. But a good summary in The Globe and Mail. What do you think of that ??