Wednesday, June 11, 2008

 

Keeping up with Bill Tieleman

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Basi-Virk - Update to come later on Court of Appeal hearing - political operatives and new name of witness who unsuccessfully sought anonymity.

Wed., June 11, 2008, 1 p.m. - Just a note to those following the BC Court of Appeal hearing on the secret witness issue in the Basi-Virk case - I am in court today and will file a full report later Wednesday after the expected conclusion of defence and Crown arguments.

For those who can't wait - the defence has raised a new name of a witness who requested anonymity in this case but did not receive it and also revealed that several "political operatives" have sought to keep their names out of the public and media eye.

More on this later at Bill's place: http://billtieleman.blogspot.com/
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Bill Tieleman reports that there were only two media -- himself and Mark Hume -- attending Day #3 of the Court of Appeal. Here's a preview of Bill's report on his own blog:

Political operatives want to stay secret, new witness named who sought anonymity at Basi-Virk BC Court of Appeal hearing

Political operatives, new witness tried to shield identities in BC Legislature raid case; BC Court of Appeal reserves judgment on secret witness issue

By Bill Tieleman
24 hours columnist - June 11, 2008


5:30 p.m. - Several “political operatives” and an individual with information about key Crown witness Erik Bornmann and the Liberal Party have all tried to shield their identities from the public in the B.C. Legislature raid case, the B.C. Court of Appeal was told Wednesday.

The new information came from defence counsel testimony in a hearing over a secret witness in the trial of three provincial government aides facing corruption charges.

Special Prosecutor Bill Bearardino is asking the court to overturn a B.C. Supreme Court ruling that defence lawyers be present to hear the testimony of a secret witness in the trial of David Basi, Bob Virk and Aneal Basi.

Basi’s lawyer Michael Bolton told a three-judge panel that several potential witnesses have attempted to remain unnamed. {Snip} ...

“Mr. Jas Sekhon wanted to be a police informant,” Doyle said. “He goes on to describe details about the Liberal Party and Bornmann – I won’t go into that.” {Snip} ...

BC Supreme Court Justice Bennett will hold a case update on June 20 and is scheduled to reconvene the pre-trial hearing on June 30.

It is unclear whether the Court of Appeal will issue a decision before either date or whether it could have an impact on the BC Supreme Court proceeding.

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Comments:
Express Collision Shop Said,

Hey, maybe the secret witness's are the masters of greed " The Sports Marketing" ones or a lobbyist/consultant of some sort. Maybe federal connections back from day one. Waiting.
 
ECS--

Most interesting that specific branch (or branches) of the Lib. party were not made clear by Mr. A. Basi's lawyer.....


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Express Collision Shop Said,

A realtor from back east with Sutton ? Need help. Maybe there was some boys looking for houses back east after resumes passed on to Thorlekson? Just a bad guess. Who the heck is this guy ?

Still baffled about the Not for Disclosure and the chit chat after the tapes were turned off.
 
Interesting hypothesis re: realtors ECS, especially if that gets this thing East of the Rockies.

Because then it becomes a whole new kettle of fish that just might have Mr. T. having to fight for elbow room with suddenly interested ink-stained wretches from central Canuckistanmikitaville.

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btw - I gather you took it as a good sign that Mr. Mulgrew is now writing about the case.

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Special prosecutors
7 (1) If the ADAG considers it is in the public interest, he or she may appoint a lawyer, who is not employed in the Ministry of Attorney General, as a special prosecutor.

(2) A special prosecutor must carry out his or her mandate, as set out in writing by the ADAG, and in particular must

(a) examine all relevant information and documents and report to the ADAG with respect to the approval and conduct of any specific prosecution, and

(b) carry out any other responsibilities respecting the initiation and conduct of a specific prosecution.

(3) If the ADAG appoints a special prosecutor, the ADAG must advise the Deputy Attorney General

(a) that a special prosecutor has been appointed, and

(b) the name of the special prosecutor.

(4) If, after a special prosecutor receives the mandate under subsection (2), the Attorney General, Deputy Attorney General or ADAG gives a direction to a special prosecutor in respect of any matter within the mandate of the special prosecutor, that direction must be given in writing and be published in the Gazette.

(5) Subject to the mandate given to the special prosecutor by the ADAG or to a directive referred to in subsection (4), the decision of a special prosecutor with respect to any matter within his or her mandate is final, but a decision not to approve a prosecution may be appealed by a law enforcement officer under the process established by section 4 (4).

I thought this might help Mary. Is there anyone who can find out what the written word is for Berardino?
If the law enforcement agencies are NOT interfering then we should see an appeal if this case is dropped.
 
Express Collision Shop Said,

From Cowan's Sept. 29, 2004. Search Warrant.

The informant says that recovery of the following things at TD Canada Corporate Security and Investigations Department, TD Bank Financial Group. BLACKED OUT... ........................ will afford evidence with respect to the commission of the above offences and that the informant has reasonable grounds for believing the said things, or some part of them are at the location set out: (my add in, the informant is Cowan)

X1: REQUIREMENT OF A SEALING ORDER

51. It is requested that public access to all records relating to and including the said Information(s) to Obtain, the Search Warrant(s), the Report(s) to a Justice and the Detention Order(s) referred to in this Information to Obtain be denied for reasons that disclosure would:

a. Compromise the nature and extent of the ongoing investigation; and

b. Prejudice the interests of an innocent person(s)

Remember the not for disclosure docs and the turning off of the tapes and the as McCullough alleged "effort by Reichert to not have the charges approved. That reeks of political interference".

Who would have the most to lose if they had to be a witness at this trial ?

Who's reputation is so important that the special prosecuter would dismiss this evidence and possibly the case to not reveal the secret witness(s)?

How many RCMP officers know the identity of the secret witness(s) ? and if you had information on any of the three boys before or after the raid, would it be a reason to be a secret witness and not be cross examined by the defense ?

What would be the ramifications of one of the secret witness's being a member or former member of the Executive Council or a deputy minister ?

What happened to the evidence from the Villa del Groupo dinner ?

Has there been any more deals agreed upon with the special prosecuter ? if so how many to be a secret witness ?
 
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