The Legislature Raids

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BASI-VIRK TAKES A BIZARRE TURN

By BILL TIELEMAN

The strangest twist in the long-awaited B.C. legislature raid case has seen the Crown apply to have three secret witnesses testify in the breach of trust, fraud and money laundering trial.

And special prosecutor Bill Berardino wants the application for one of the witnesses to be heard without even defence lawyers present - a highly unusual situation last seen in the Air India bombing trial when a police informant wanted on criminal charges in a foreign country wanted to avoid identification.

Berardino asked B.C. Supreme Court Justice Elizabeth Bennett to hold a secret hearing that would exclude defence lawyers, the media and the public in the trial of three former provincial government aides.

Lawyers for David Basi, Bob Virk and Aneal Basi seemed stunned Friday when Berardino said he wanted even the defence absent from a hearing Dec. 3 to consider hearing testimony from a witness without identifying them.

There was no discussion on why the defence would be excluded and outside court Berardino and defence lawyers declined comment.

In court, Berardino referred Bennett to "paragraph 46" of an unidentified judgment that is likely Named Person v. Vancouver Sun, where a criminal informer in the Air India bombing wanted to testify without being named ... The secret witness issue drew an immediate reaction from the defence.

McCullough told Bennett that the application to exclude defence lawyers from the in-camera hearing would be opposed.

"If he [Berardino] intends to go in-camera without defence counsel, you'll hear arguments from me," he said.

Then a very interesting interjection occurred.

Bolton said to Bennett: "We'll deal with defence counsels' right to be present."

McCullough then said: "I think we've figured it out...."

But Bennett cut him off: "No, just don't say anymore."

Will the public ever learn who wants to testify without being named? Or why?

Stay tuned for "I've Got A Secret" at B.C. Supreme Court starting Dec. 3.


http://billtieleman.blogspot.com/2007/11/basi-virk-trial-takes-strange-twist.html


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Special thanks to G West who remembered the original police informant as "a threat to national security" who was, in fact, the precedent-setting police informant in the Air India Case, wanted for a crime in another country so "needed" the secrecy ... hardly the kind of unshakable precedent Berardino is talking about ... or an example of using the Canada Evidence Act in its traditional role. This decision should be available online.

Special thanks to Bill Tieleman who knows that the BCRail case it isn't easy to follow in detail and who helps us follow the cast of characters, the document count, the schedule, and now the courts (BC Supreme, BC Court of Appeal, plus the hint of Supreme Court of Canada in Ottawa).

Commentors have been outstanding too. Thanks, all. - BC Mary.

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