Monday, June 09, 2008

 

BC Court of Appeal

APPEALS SET FOR HEARING

WEEK OF June 9-13, 2008

PLEASE NOTE: THESE LISTS ARE SUBJECT TO CHANGE WITHOUT NOTICE.

Monday, June 9, 2008

Division 1 – Finch CJBC, Ryan, Donald JJA

R. v. Basi, R. v. Virk, and R. v. Basi – CA35614, CA35615, CA35616

Criminal Law - Other

Counsel for the appellant (Crown): W.S. Berardino QC

Counsel for the respondent, U.S. Basi: Michael Bolton QC

Counsel for the respondent, B.S. Virk: Kevin C. McCullough

Counsel for the respondent, A. Basi: Joseph Doyle

The Crown appeals from the order of the Supreme Court judge which permits defence counsel to learn the identity of a person in respect of which the Crown has asserted a claim of informer privilege.

Day 1 of 3

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Click on http://www.courts.gov.bc.ca/ca/ and Central Registry.

Then scroll down to Weekly Hearing List, and see June 9, 2008.

For general inquiries, phone (604) 660-2468.

This is all the information I have at the moment. For example, it doesn't say: Session closed to the public, does it. - BC Mary.

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# posted by BC Mary @ 7:01 a.m.
Comments:
Mary,

I hope people do not allow the SP to continue with the publication ban. Maybe we can have hope in the Appeal court to understand that the public interest should come first.

By the way, I thought that the appeal was to do with defence counsel being present during the secret witness hearing and they had to abide by strict undertakings in order to be present. I have never heard that the defence wish to know the indentity of the witness before.

Something is not adding up.
# posted by Anonymous Anonymous : June 9, 2008 at 9:10 a.m.
 
I do not accept the propriety of the government spending MY dime to appeal Supreme Court decisions in the interest of protecting government secrecy. In other words the government (or the slimey individuals who constitute the same) are using OUR money to attempt to establish legally their un-accountability to US, we whom they supposedly serve!

Of course I don't think much of the Inferior Health Authority financing libel suits against their critics on my dime either!

If members of the IHA or the so called government in Victoria want to legally attempt to protect their own steadily diminishing reputations, the least they should be expected to do is HIRE THEIR OWN LAWYERS, out of their own pocket! They could also pay the court costs that keep at least 3/4 of the rest of us from even availing ourselves of justice in any form.
# posted by Blogger kootcoot : June 9, 2008 at 9:26 a.m.
 
It may not say closed to the public, but without a specific time and location for these hearings being provided, the public will not be able to attend.
# posted by Anonymous Anonymous : June 9, 2008 at 9:40 a.m.
 
It's beginning to sound like a temporary adjournment may be necessary in the BC Rail Trial. SP Bill would undoubtably be much more at ease if the rest of the trial could be conducted in one of the Gitmo Tribunal 'Courtrooms,' once one becomes available. The public's access to information would be hardly affected, the Court would be relieved of the burden of trying to maintain the appearance of being open and transparent.
# posted by Blogger kootcoot : June 9, 2008 at 9:44 a.m.
 
MEDIA ARE ALLOWED TO REPORT ON THE APPEAL DESPITE BERARDINO TAKING NO POSITION.

BERARDINO SAYS JUSTICE BENNETT IS WRONG.

MORE TO COME

Prosecutor in leg raid case wants defence barred from informant hearing

12:30 pm
VANCOUVER — The special prosecutor in the B.C. legislature raid case is fighting to protect the identity of a police informant.

Bill Berardino told an appeal court panel that B.C. Supreme Court Justice Elizabeth Bennett made a mistake when she ruled earlier that defence lawyers could be present during in-camera hearings.

Berardino says the ruling breaks the Evidence Act and has a chilling effect on potential informants.

He told the panel that a court order for confidentiality from the defence lawyers is not enough.

The special prosecutor had wanted to call the police informant to a closed hearing with only the judge and Crown lawyers present.

Former ministerial aides Dave Basi and Bobby Virk are accused of breach of trust and fraud over the privatization of B.C. Rail in 2003, in the case that triggered an unprecedented police raid on the B.C. legislature.
# posted by Anonymous Anonymous : June 9, 2008 at 1:40 p.m.
 
.
Many thanks to RossK at Pacific Gazette.

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# posted by Blogger BC Mary : June 9, 2008 at 6:05 p.m.
 
Sure Mary, you're most welcome as usual.....

A little off topic/late to the party, but I now have a post up that follows up on Express Collision Shop's lead wherein he/she mentioned the connection between one of the Progressive Group's principals and the B.C. New Car Dealers' "environmental education initiative" that brought in a bumper crop of very lucrative low hanging fruit last week in the form of the 'Scrap-It' program.

OK?

RossK



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For anyone interested, the link to the aforementioned post is here.

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# posted by Blogger RossK : June 9, 2008 at 9:03 p.m.
 
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