Tuesday, December 18, 2007

 

Plea bargain with the Prosecution

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A few days ago in Chicago, two Canadians were in Supreme Court for sentencing. David Radler was given a light prison sentence, because he had agreed in a plea bargain to give the testimony which convicted his old friend, Conrad Black. It got me thinking, especially when I heard a lawyer say:

High level, white collar fraud is usually resolved by a David Radler-type of witness making a deal with the prosecution.

The BC Rail Case is about high-level, white collar fraud and bribery, too. It desperately needs to be resolved.

So why not a plea bargain between Dave Basi and the Crown? between Bobby Virk and the Crown?

Couldn't Dave Basi say: I can show you every player who did the BCRail deal. I'll do that, under oath, if you will dismiss the charges against me. (This could even include the pending Sooke A.L.R. bribery charges.)

Why don't Basi and Virk agree to tell the public everything they know about the BCRail deal, in return for their absolute discharge? Imagine the good it would do, to get this whole secret BCRail thing straightened out, resolved, and any guilty parties charged.

The money saved would be better used in trying to get BCRail back.

But does our Special Prosecutor want any more whistles blown on who sold off BC Rail? Ol' Bill would probably turn pale and swoon at the thought. In fact, could that be what's holding things up in Courtroom 54?

Or perhaps it's time for the Defence team to speak directly to the public, asking if we would accept a dismissal of this expensive, going-nowhere trial, offering us full information on the BC Rail deal.

How?

Well, we could get an immediate Public Inquiry up and running, based on a Basi Virk and Basi guarantee that they would be giving sworn evidence telling all, answering every question, answering questions we never even thought of asking. It would be an inquiry which would provide them -- and the province of B.C. -- a fresh start. It would be open to the public. Its findings would be immediately available to the public.

In return, we would need to promise the accused absolute immunity, their freedom, and their charges dismissed. For B.C., a clean slate, the courtroom fiasco stopped, lives salvaged, restitution where wanton damage had been done, a ton of money saved.

I wonder if it would work. Who could we trust to undertake the plea bargaining and public inquiry? Could we agree to that kind of a quid pro quo?

What do you think?

- BC Mary

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Comments:
I did a little research and I learned that B-V-B judge, Bennett, rose to the Bench from the position of appelant attorney for Crown Counsel. She was a hard-liner, who took 4 sentencing cases to the Supreme Court of Canada, where she once stood against Peter Leask, now an SCBC colleague.
 
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Thank you, Learned Anon:

Is it the judge, then, with whom the accused must attempt to create a plea bargain?

Somehow I thought the Defence team would negotiate with the Prosecution team, then present a proposal to the presiding judge for a ruling.

Do you think, in this Basi-Virk case, that is possible? or probable? Tell us more!

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Perhaps, Mary, we could get Gary Mason to act as a go-between to negotiate a deal....

In fact, as far as the case against the accused goes, I'd be more than happy to see this whole thing 'resolved' if those responsible for what went on behind the scenes during the sale/giveaway of BCRail are exposed to the light of public scrutiny.

As long as the 'real' agenda of the folks who called the shots (and they, I don't believe, were the Basi Boyz) is made plain and the responsibility is laid where it belongs, I'm okay with whatever works.

However, the people have a right to know the facts.

We have a Premier who has promised to lay everything out in public and he hasn't carried through with that promise...could we arrange a plea bargain for him that might induce him to start telling the whole truth?

DO you suppose Canwest might cover that ‘deal’?
 
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Rejected Anon.

Sorry to delete your comment.

I don't allow blame, guilt, pre-judgments, or accusations on this web-site. We, who write here, are not the judge or the jury on this case.

We aren't even the cops.

We are the citizens of B.C., who must try to figure out what happened to BC Rail ... and to B.C. itself.

If you can add to our understanding, please send a new comment. I'm pretty sure you want to help that process. OK?

Thanks.

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Serenity now,

Would CanWest report the whole story if Premier Campbell keeps his promise to lay it out in plain sight (did he really say that?)

All the evidence says he'll never do that. It's not his style. I'm still struggling with his promise never to sell BC Rail.

The CanWest style is uncannily similar, i.e., Never tell the big story if you can digress with reports on a kitten's cruel death, Paris Hilton, street crime, or something new on a Coquitlam pig farm.

Noted in passing, this comment about the astonishing absence of big media from the biggest trial in B.C. history:

Bill Tieleman wrote:

[The media appears to think that] "a case that involves the B.C. government's controversial $1 billion privatization of B.C. Rail, charges against government aides who were highly politically active in both the federal and BC Liberal parties, allegations of connections to drugs and organized crime, claims of RCMP conflict of interest and a bungled investigation and an increasingly clear defence argument that the accused were merely following provincial government orders isn't worth reporting on."

From: Basi-Virk Case Tests Citizens' Patience
The Tyee - March 12, 2007


Frankly, Serenity Now, if Premier Campbell decided to tell the whole story right now, we could stop spending millions of $$ on a Basi-Virk Trial. Betcha we could sort it out in a week or two. Over. Done. Penalties assessed. Justice served. Democracy back in operation.

My Christmas wish.


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Congratulations! VancouverIAM.com has chosen this blog article as one of the top articles in Vancouver for December 19, 2007. The VancouverIAM Daily Blog Review can be found on NowPublic.com and Newsvine.com
 
Here's all the infor one might need about Gordon Campbell's 'promises' Mary...no doubt you've read other versions.

I find this one particularly good:
http://www.straight.com/article/promises-flimsier-than-a-new-years-pledge

And it's written by a friend.
 
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Yeah. Quite a list, eh.

Can't imagine anyplace, anytime in life when so many broken promises could be tolerated.

Quite a list of refugees too.

I still blame CanWest for their failure to tell the stories.


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CJ Brenner is back to his nose-in-everything ways. On Tuesday he heard preliminary arguments in the case of Kotai v BC Ferries, et al (viz Queen of the North).

Brenner is the absolute last paid fact-finder (or whatever) that someone who is accusing a government party of tortious conduct, would want to face. According to my database research, Brenner is elitist to the core. I had to go back to 1974 to find a case where he acted on behalf of a private individual. After that date, 100% of cases plead by him, were done for corporate interests. That isn't illegal, but as a judge, those same interests have won 100% of determinations of cases in front of the CJ.

In spite of - or because of - Brenner's disinterest in the people, our laughed-in-his-mugshot premier has allowed the CJ to rewrite the Rules of Court. As I read the draft, the new rules will further empower judges to quash suits against the corporate-government tandem.

No? See my next post.
 
Can't resist a 3rd comment. Once again I examined Peter Leask's 1985 petition against Judge Cronin, of the Provincial Court. You should know that, notwithstanding Canadian Judicial Council jurisdiction, AG Oppal made preliminary findings against Leask, before the media, 3 hours after Justice Leask used profanities (non-intemperate) in court.

Does Wally give a hoot? Since he was appointed AG, not one member of the Defence Bar has received a Bench appointment in BC. Leask snuck in in 2005, because elites had already improperly delayed his earlier application for Queens Counsel status.

The following scale - least to most - illustrates the likelihood of judges of specific backgrounds, to apply natural-justice to the facts before them: Administrative Law, Crown Counsel, Crown Attorney, Appelant attorney, Corporate Staff lawyer, general civil counsel, Defence Bar.

Do not pretend that justice is available to the people of BC. Both Brenner's case-taking and assignment colours determinations. Occupational-cultural (and personal-social) interests ground judicial conduct; the legal-factual grounds of just judicial findings, have no place in this province's courts.

Let me tell you the disposition of any suit or petition against a government entity in BC: YOU LOSE!!! And the Brenner-Seckel (Administrative-Corporate law swine) wrecking ball - BC Justice Review process - will be the nail in the coffin of freedom in this province.
 
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Anon 10:25, 11:01, 11:39:

Uh ... (gulp) ... and this means what?

You kinda lost me, back in Comment #2 (sorry I had to delete it).

There's knowledge locked up in your words but me, I'm not getting it.

Please write again on the topic: Plea Bargaining, could it work in the Basi Virk Basi Case #23299?


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I don't think the crown has any interest into entering into a plea bargain with Basi. There have been four separate investigations of Basi, the BC Rail, the Agricultural Land Reserve, the Integrated Proceeds of Crime, and the original Drug investigation involving Basi's cousin Jasmohan Baines. At present Basi has only been charged with the first two. If the Crown doesn't get him on the BCRail charges, they'll try to get him on the Agricultural Land Reserve charges and so on. If the
BC Rail investigation has accomplished anything, it has prevented Basi, the cousin of a alleged drug lord i.e. Baines, appointed to a key position in the Paul Martin government. Basi was on the verge of being appointed when the raids on the legislature took place. Had this not been the case, the RCMP likely would have bidded their time instead of acting as quickly and, perhaps, prematurely as they did.
 
Just chatting with Kootcoot and he reminded me of this, which he posted at House of Infamy on May 8/06:


" ... the RCMP uncovered a pattern of checks written by another Erik Bornman company, Pacific Public Affairs, to Aneal Basi. None of these allegations are yet proven in court, but a comparison of Bornmans checks to Aneal Basi for "contract writing services" and deposits by Aneal into his cousin Dave Basi's account appear "amazingly" coincidental.

"I would imagine this might be why Aneal is currently charged with money-laundering, or part of the reason." Says Koot.


For the list of cheques and who paid them, see House of Infamy. Or Vancouver Sun for April 4'06.


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