Friday, May 11, 2007

 

Crown opposes order for Berardino to speak on disclosure of Bornmann deal

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NO WRITTEN IMMUNITY DEAL FOR BORNMANN, CROWN CLAIMS ... TO DEFENCE DISBELIEF; CASE ADJOURNS TILL TUESDAY

Crown opposes defence request for Special Prosecutor statement on what happened with Bornmann immunity deal in Basi-Virk case

By Bill Tieleman, 24 hours

[NOTE: this is a longer unedited version of a story written for Friday's 24 HOURS.]

Key Crown witness Erik Bornmann has no written immunity from prosecution agreement in the B.C. Legislature raid case, a special prosecutor told B.C. Supreme Court Thursday.

That provoked an exasperated response from defence lawyers, who are demanding that senior Special Prosecutor Bill Berardino make a statement on what they still call a Crown immunity deal.

Justice Elizabeth Bennett got the surprise answer from Special Prosecutor Janet Winteringham, who has handled most Crown duties during Berardino’s unexplained absence from the proceedings.

“The only question I had – was there an immunity agreement as outlined in Crown policy and the answer is there was not. But there’s no written agreement signed by Mr. Bornmann?” Bennett asked.

“No, there’s not, “Winteringham replied.

Michael Bolton, representing David Basi, the ex-ministerial aide charged with breach of trust and fraud for alleging giving lobbyist Bornmann secret government documents in the $1 billion B.C. Rail sale, said there is a deal.

“There’s got to be full disclosure of the deal between Mr. Bornmann and Mr. Berardino on immunity,” Bolton said. "What were the inducements in this deal to Mr. Bornmann to change his statement and give the statements he gave in April implicating my client? I need that in order to properly defend my client."

But Winteringham said no to the request for Berardino to hold forth.

“Just so it’s clear, the Crown opposes an order to have Mr. Berardino make a statement on this issue,” Winteringham said. "I’ve spoken to Mr. Berardino, since he can’t be here, and that is his position."


The case has adjourned until Tuesday May 15 at 9:30 a.m. and will only sit Tuesday and Wednesday next week due to legal counsel scheduling conflicts.


Bill Tieleman's reports are at:
http://billtieleman.blogspot.com

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Comments:
This just gets better and better doesn't it.

A special prosecutor that refuses to answer to the court? On what grounds? Self Incriminition?

Was there any direction of Justice Bennett after this statement? If not, I think there should have been.

Is it just me or does anyone else think that, given what is going in this case, it has been orchestrated right from the start. One can't help get that feeling given that the Crown has been witholding evidence from the defence and in effect tying there hands as to the defence of their clients.

It begs the question of just how vast is the trial manipulation in this country. Steven Truscott, Maher Arar, Basi Virk Basi.

If every person is deemed to be innocent until proven guilty: How can a person prove their innocence if they don't know exactly what the charges are and how that evidence was gained.

And then to have a Legislature deliberately stonewall on producing evidence and say its not their responsibility, but that of the special prosecutor, when the crown council act says that that prosecutor is to be given his direction IN WRITING.

Given all that is happening I personally don't think this will ever go to trial. The RCMP said in the beggining that the raid was due to Drugs and Organised Crime. Now the prosecution says they may not pursue charges in that area.

If that is the case then what is the validity of the evidence of wiretaps in this case? Over 6000 conversations will be thrown out. And basically the dominoes will fall.

The only thing left is for an inquiry, and we know that will either be stalled or refused.
 
After reading Mr. T's report, and Neal Hall's from yesterday as well, I can only ask, only half tongue-in-cheek....Was this deal/no deal business actually cooked up 'old school' by Monte Hall, or was it put together fist-to-fist (ie. not written down anywhere) by everybody's favorite germ-a-phobe, Howie Mandel?

Sheesh.

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Mary I read the defence lawyers comments about Bornmann changing his story. This is the first I have ever heard of the star witness changing his story. What was his "first" story? What did he say, did he implicate campbell and co? This opens up so many doors. What made him "change" his story, was he told to cooperate against basi and virk and protect campbell and his gang? Who is Berardino working for, the public or the campbell government? The Special Prosecutor is suppose to be free from political interference, thats why we have special prosecutor system in bc!!
 
I hope that everyone who feels keenly about this case, will express their concerns where it will do the most good.

This web-site has been fully committed from Day One.

It's no use asking me to do more. Would if I could.
 
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