Neal Hall
Vancouver Sun: Monday, January 28, 2008
VANCOUVER - B.C. Supreme Court Justice Elizabeth Bennett had a hint of weariness in her voice today after learning the B.C. government has found more than 100 e-mails that were seized during a raid on the legislature more than four years ago
The documents have never been reviewed by the judge to decide whether the e-mails are relevant to a pending trial, slated to begin March 17.
The judge adjourned the matter over to 10 a.m. Tuesday to allow government lawyer George Copley to retrieve about 140 e-mails from Victoria and provide a written summary of each one.
The e-mails were seized in 2003 from the computers of Dave Basi and Bob Virk, two former government aides accused of accepting a benefit, fraud and breach of trust in relation to the $1-billion privatization sale of BC Rail freight operations in 2003 to Canadian National Railway. {Snip} ...
Up to now, the defence lawyers were still seeking to obtain 17 documents that the government's lawyer asserted should not be disclosed because of solicitor-client privilege or cabinet privilege.
But Copley revealed in court today that there are about 140 e-mails that the government is asserting should not be disclosed to defence.
The trial judge, Bennett, took a short break this morning to check with Associate Chief Justice Patrick Dohm to see if he ever reviewed the 140 documents. Dohm was the judge who initially authorized police to search the legislature.
Bennett returned to court and told the lawyers that Dohm does not recall ever reviewing the 140 e-mails.
The judge said she will review the documents Tuesday morning before deciding how many are relevant to the trial. {Snip} ...
nhall@png.canwest.com
Full story:
http://www.canada.com/vancouversun/news/story.html?id=738984f3-4602-445b-8278-463af56d6d8a&k=65429