The Legislature Raids

The Basi-Virk corruption case is turning into a colossal mess, one that could be as damaging for the government and the legal system as the Vancouver airport Taser death has been for the RCMP.

Almost four years have passed since the police swept into the legislature and carted away documents related to the $1-billion B.C. Rail sale.

The RCMP said the raids were linked to an organized-crime investigation.

Since then, there have been a lot of questions and few answers. For four years, the case has crawled through the court system.

Now, with the trial scheduled for March, secret hearings are planned for the B.C. Supreme Court, apparently on whether evidence from a police informant should be heard in secrecy.

Even the defence lawyers are to be excluded from the hearing, although that ruling will likely be appealed.

The long wait is increasing the risk that the charges against Dave Basi and Bob Virk will be dropped because of unreasonable delays. Both men -- innocent at this point, remember -- have had this cloud hanging over them and their families for four years. It is unreasonable.

Let's pause for a brief recap. Basi was a pretty big deal in the Liberal government, senior aide to then finance minister Gary Collins and heavily involved in federal Liberal politics. Virk was the main political aide to former transportation minister Judith Reid.

The Crown alleges they were bribed to leak confidential information to one of the bidders for B.C. Rail. (The sale was already controversial, since it broke a Liberal campaign promise.)

Prosecutors are going to rely on the testimony of Erik Bornman, also a federal Liberal and a lobbyist, who will say he was the person delivering the bribes. He hasn't been charged.

There are a mountain of side issues, all significant, many that could be politically embarrassing.

There have been suggestions Basi was acting on government orders and allegations of political dirty trick campaigns run with the knowledge of the premier's office. Much more is likely to come out if the case goes to trial.

And the court has found the RCMP and the Crown failed to disclose evidence that should have been provided to the defence long ago. The Crown prosecutor also tried to keep search warrant information -- usually public -- secret and wanted details of its deal with Bornman sealed.

The case has sparked a whole lot of conspiracy theories, none of which I buy.

But the way it has been conducted has slowed the search for answers, obstructed Basi's and Virk's ability to defend themselves and created a real chance the entire case will be tossed out of court.

There have been questions about the choice of the special prosecutor.

Politically sensitive cases in B.C. are handled by outside lawyers, not the Crown prosecutors employed by the Attorney General's Ministry.

The special prosecutors are appointed by the assistant deputy minister from a list created in consultation with the Law Society of B.C. It's a good system, one that reduces any real or apparent conflict of interest that would result in government employees making decisions on cases that could involve their political masters.

Vancouver lawyer Bill Berardino got the call in this case. And while he is considered a top commercial litigator, Berardino spends little time in criminal courts. His firm's website lists 24 "representative cases" on his bio page. Only one is a criminal case -- and it's from 21 years ago. {Snip} ...

For whatever reason, Berardino and the prosecution team have failed to fulfil their obligations to disclose potentially relevant documents, drawing a sharp rebuke from Justice Elizabeth Bennett and orders to do better.

Now the prosecutor is trying to use a two-month-old Supreme Court of Canada ruling to argue for secret testimony from a witness, presumably a police informant who wishes to keep his identity hidden.

The end to all this is nowhere in sight.

If the trial goes ahead in the spring, expect a lot of problems for the Liberal government, no matter what the outcome.

And if doesn't, expect even more questions about what went wrong -- and unavoidable demands for a public inquiry.

pwillcocks@tc.canwest.com

Full story at:
http://www.canada.com/victoriatimescolonist/news/comment/story.html?id=b4a30ad9-9f46-436f-bca1-b9eb252f1e99

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Noted in passing, on Salt Spring News:
What the Canadian Press didn't say about RailGate
The Gazetteeer -- December 7, 2007

... Regardless, if the average member of the public knew that there is a very real possibility that bribery-fueled secret deals were used to grease the wheels of a rigged sale of public assets to a hand-picked private sector company** in perpetuity (and/or 990 years, which ever comes first), don't you think that he or she would feel very differently about this thing? I do.

**Which also turns out to be a formerly public, now private, company that has donated about $150,000 to the BC Liberal Party since the current premier, Mr. Gordon Campbell, became its leader. Interestintly, it is also a company that, along with its chairman, Mr. David McLean, just keeps on giving .


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