Sunday, July 13, 2008
B.C. RAIL CASE: Messages to be released to defence, but not the public
Canwest News Service - July 13, 2008
An application to ban publication of the details of dozens of e-mails the B.C. government is preparing to release in connection with the trial of three former aides charged with corruption has riled the NDP.
In January, the trial judge, B.C. Supreme Court Madam Justice Elizabeth Bennett, found that more than 90 e-mails were relevant to the defence of the accused, but the government was asserting privilege over them.
Now the government is ready to waive privilege, but wants the judge to order strict conditions on the release of the e-mails to the defence and special prosecutor Bill Berardino, as well as impose a ban on reporting on the material.
"The release of these documents is not going to prejudice any decision by the trier of fact, which in this case will be the judge," said NDP justice critic Leonard Krog. "[Premier] Gordon Campbell promised complete co-operation, and it's becoming increasingly clear that that was another empty Liberal promise. It's time to get on with this case, to stop withholding documents for any reason whatsoever."
"The people are entitled to know, pure and simple," Krog added. "This trial needs to get started. Further applications are only going to delay the start of this trial and eventually may lead to this case being dismissed."
The application says that if any lawyers in court refer to the contents of the documents in open court, there is a ban. But absent any warning of banned material during arguments, there's clearly a danger the ban could be violated inadvertently by reporters.
George Copley, who represents the government's executive council and who filed the application expected to be heard in court tomorrow, declined to comment on any concerns.
"I think that it's best that it be dealt with in court."
The documents, which relate to the government's controversial sale of B.C. Rail, were seized from the government's computer server and from the computers of two of the accused, David Basi and Bobby Virk.
In other news in the case, defence lawyers have been advised that Berardino intends to seek leave to appeal to the Supreme Court of Canada a B.C. Court of Appeal ruling that allows the lawyers to attend an in-camera hearing related to a police informant issue.
The Premier knows that his government, his approach and his promises - not to mention the way he does both business and politics - is at the heart of this case.
If it smells like a duck, walks like a duck and quacks like a duck you can be reasonably certain that it is a duck.
And Gordon Campbell is the duck at the heart of this thing – and he’s soiled the pond. Time to get out and fly away to Hawaii.
"[Premier] Gordon Campbell promised complete co-operation, and it's becoming increasingly clear that that was another empty Liberal promise."
I would have just said he lied. He doesn't know how to tell the truth. It's so bad he is making worse the general perception of politicians.
"Now the government is ready to waive privilege, but wants the judge to order strict conditions on the release of the e-mails to the defence and special prosecutor Bill Berardino, as well as impose a ban on reporting on the material."
Sounds a lot like Berardino when he says; we have a witness but we don't want anyone to see them and we won't tell you why.
These sordid types of stalling are just refusals of this government to let the public see just how bad they ripped us off by paying CN to take our railway. Which brings to mind something else. I think it was G West who confirmed my beleif that the bottom line of the giveaway was 199 million. Now subtract from that the difference between (what was it?)287 mil and 437 mil, previously reported here. That is 150 mil. that leaves 49 million. They gave it away. They haven't even factored in the wages of people working on this farce. Have they?
The Air India Bombing with a timeline and everything.
With the amount of citizen journalists writing to blogs dedicated to getting the truth out on BC Rail Not for Sale and BASI/VIRK trial isn't there someway that we could amalgamate our time and efforts to put on a propert show?
We need to ask the questions of the Special Prosecutor who is on the taxpayers dime.
Why is he delaying this case.
The Air India Bombing section in the Sun pales in comparison to the Attorney General Court Services Section of the Provincial Government website with a special Section for Robert Willy Picton. It's even listed under a 'hot topic' site.
I mean, how insulting can these idiots get.
"The Premier knows that his government, his approach and his promises - not to mention the way he does both business and politics - is at the heart of this case."
Political 'fixing' appears to have become the rule of the day within certain 'threads' in our Govt/justice systems:
systems that used to operate with DUE PROCESS on behalf of decent citizens;
systems that now serve their 'political masters' best interests and their 'associates';
DUE PROCESS 'derailed' years ago with the creep of political corruption spreading exponentially unchecked.
Where are the checks on the systems originally set up to protect the people . . . including, so called independent Govt 'Watchdog Offices' receiving their funding from the BC Govt. . . . conflicts exist every which way?
Is it all smoke & mirrors? Laughs at all of our expense? We are all becoming wiser for the increasing exposure of reality:
Political interference/sanitizing /suppression of the facts are the rules of 'the game', as we are seeing with the Raid on the Leg/BC Rail scandal; haven;t this situation existed over successive BC Govt regimes where politicians, land bureaucrats, lobbyists, bagmen and politicians have formed a private club with secret handshakes?
. . . Isn't it all too reminescent of the Zalm era with all too many of the same 'team' the same group linked to these scandals with BC Rail and other scandal e.g. the ski resort/Callaghan Valley/ VANOC/BC Govt. scandal . . . under BC Mary's: "Dots, Dots, BC Dots to connect"(very revealing stuff!!) below?
. . . 'conflicts of interests' all over the map and institutions of British Columbia!!
Where does it end?
Perhaps when the 'Circle' is stopped in their tracks by British Columbians who have had enough.
There IS another avenue: It is called a Class Action Lawsuit against the Govt. of British Columbia.
Please refer to BC Mary's Saturday, July 12/08 comments discussion. As Mary said, the war chest would be brimming!!
How about registering such a lawsuit under the Federal Courts to skirt around the Supreme Courts of BC and Canada - to jump out of the obvious political stonewalling wearing thin with most taxpayers, in the BC Supreme Court process? Would this action be technically possible with a focus on BC Rail instead of Basi/Virk?
G West, Gary E, North Van's Grumps, Anon-y-mice and Secondlook ...
This is the last comment I'll be able to see, for the next week when I'll be away on holiday.
What a wonderful bunch of Canucks, I'll be looking forward to getting back ... seeing what ideas you come up with next.
Where is the beaf?????
The only reason I listened this morning was because Bill hung out the carrot that Mr. T was going to report from the hearing today in BCS Court . . turns out Mr. T had to leave early.
I waited with baited breath because after the 11 am news they made it sound that more would be discussed on the Basi/Virk pretrial hearing . . . . not a word - not a question.
Call me one of the conspiracy theorist but please, with a trial that could bring down the Campbell Govt, with tentacles leading back tot the Premier's Office 'everywhichway' . . . that Bill didn't focus just a tad more on this topic; that not ONE 'caller' apparently didn't phone in with hard questions (maybe has something to do with being on hold as I have when I used to call in - no more since I get the game goin' on here.)
. . . . sorry, I for one don't buy into the smoke & mirrors.