Wednesday, May 09, 2007


9 May - Trial continues. More press clippings.

Basi-Virk case evidence massive, Crown says

24 HOURS - May 8, 2007

Prosecutors defending their conduct in the breach of trust case against former provincial ministerial aides David Basi and Bob Virk yesterday outlined exactly how massive the evidence is.

Special Prosecutor Andrea MacKay told the B.C. Supreme Court about the challenges the Crown faces in disclosing evidence to the defence due to the scope of the investigation centred on the $1-billion privatization of B.C. Rail.

"There are 50,000 documents in the breach of trust case," MacKay said in response to a defence application for disclosure. "There were 6,926 calls intercepted on Basi's phone lines."

MacKay added that there are also 70,000 pages of additional evidence in a drug investigation that led police to put Basi under surveillance and ultimately prosecute him for allegedly leaking secret government documents. He is not charged in the drug case.

Follow Bill Tieleman at


Pertinent documents filed with related cases
The Canadian Press - Wednesday, May 09, 2007

A Crown lawyer says there were tough challenges impeding the disclosure of information to defence lawyers representing two former B.C. government aides charged with fraud and breach of trust.

Andi MacKay said yesterday that police were conducting five separate but connected investigations, including one into the sale of Crown-owned B.C. Rail involving former Liberal aides Dave Basi and Bobby Virk.

A judge is hearing preliminary arguments in a complex criminal trial against the two men regarding the sale of the railway. The case triggered a police raid on their offices at the provincial legislature in December 2003. {Snip}

Court has heard that police began investigating Dave Basi in August 2002 for his alleged involvement in laundering drug money for his cousin Jas Bains. Basi has since been cleared of any charges in that probe.

A related proceeds-of-crime investigation was also under way around the same time, along with another probe involving Basi's connection to B.C.'s Agricultural Land Reserve.

Defence lawyer Kevin McCullough has told B.C. Supreme Court that he couldn't understand why some documents connected to the B.C. Rail case are included in the Agricultural Land Reserve file.

MacKay said yesterday that the reason is that the two cases are related and documents have been included in one or both files depending on their significance.

The trial continues today.


CKNW - May, 07 2007 - 11:40 PM

VICTORIA/CKNW(AM980) - The Campbell Government continues to refuse to answer any questions stemming from the Court proceedings involving former Government aides David Basi and Bobby Virk, but the NDP says one Cabinet Minister has now broken ranks.

For weeks now, Attorney-General Wally Oppal has refused to answer any questions even remotely connected to the Court case, "It would be irresponsible of me to comment on anything that arises out of the trial."

But New Democrat Shane Simpson says that doesn't wash anymore because Forests Minister Rich Coleman commented on the case in the media last week, "The double standard of the Attorney-General in this case is incredible."

Now, Coleman says he was only defending his record, "I never once interfered in a police investigation when I was the solicitor-general."

Coleman denies that amounts to commenting on the case.

Ya call this "news"? Check it out at:

Neal Hall
Vancouver Sun

A special prosecutor taught a law advocacy course in 2004 attended by a law student who is expected to be the Crown's star witness at the corruption trial of three former government aides, a judge was told today.

But special prosecutor Bill Berardino had no direct contact with Erik Bornmann, said Janet Winteringham, a member of the prosecution team.

"Mr. Berardino did not have any discussions with Mr. Bornmann about the [current] proceedings," Winteringham explained to B.C. Supreme Court Justice Elizabeth Bennett, who is hearing legal arguments over a defence application for more Crown disclosure. {Snip}

Winteringham also told Bennett that the prosecution has disclosed all the documents related to Bornmann's immunity-from-prosecution agreement, which was later cancelled after Bornmann breached the conditions of his agreement.

It remains unclear what led to the prosecution to cancel the deal with Bornmann, who graduated in 2005 with a law degree from UBC.

His application to become a lawyer in Toronto still hasn't been accepted. Bornmann is facing a disciplinary hearing before the Law Society of Upper Canada after a complaint was made about him.

[CanWest appears to be repeating the same story over several days with minor changes. Rather than have the readers skip an article they know they've seen before, I will try to point out articles offering the bits of new information. - BC Mary.]

Neal Hall
CanWest News Service (Times Colonist) - May 10, 2007

... Winteringham also told the judge the prosecution has disclosed all the documents related to Bornmann's immunity-from-prosecution agreement, which was later cancelled after Bornmann breached the conditions.

It remains unclear what conditions were breached by Bornmann. The defence contends the deal was cancelled after media reports said Bornmann had been exonerated by police and the prosecution. The defence says Bornmann falsely claimed he was exonerated.

In earlier legal arguments, defence lawyers complained Bornmann's written immunity agreement was never disclosed. The defence says it only has the disclosed letters between Berardino and Bornmann's lawyer, George Macintosh, indicating the deal was cancelled. Winteringham told the court that Berardino will provide a statement to the court, if necessary.

Bornmann, 30, is a key player in the prosecution of three former government aides now facing trial on charges of accepting benefits, fraud and money laundering in connection to the government's controversial privatization of B.C. Rail freight operations ...


Only five investigations? wonder on of the Ass't SP's mentioned, I think it was Tuesday, that they haven't decided what to do about charges related to all the drug money - laundering stuff.

Post a Comment

<< Home