Monday, September 29, 2008


Spec Proc to turn over privilege documents!

BASI-VIRK - Special Prosecutor to turn over solicitor-client privilege documents
Bill Tieleman

The Crown in the BC Legislature Raid case today announced it will disclose to the defence documents which the provincial government has long claimed solicitor-client privilege over.

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New Democratic Party MLA Leonard Krog said outside the court that releasing the material is long overdue.

"The good news is that the Crown is disclosing the documents, as they should. The bad news is they should have done so ages ago," Krog said.

Bolton said the next court appearance will be an update Monday October 20 at 9:15 a.m.

Full story at:


Political corruption case to head back to court in October
Neal Hall

Vancouver Sun - September 29, 2008

The case involving three former provincial government aides accused of corruption was briefly in court Monday to review the process of how documents are being disclosed to the defence.

The trial judge, B.C. Supreme Court Justice Elizabeth Bennett, said she hopes the disclosure process can be resolved by the end of November so a date can be set for January and February to deal with the defence arguments concerning the admissibility of wiretaps and evidence obtained by police execution of search warrants, including the one on the legislature on Dec. 28, 2003.

The Crown and defence lawyers agreed to return to court Oct. 20 for an update on what undisclosed documents remain outstanding.

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Just wondering: could the October 20 hearing reveal who will be testifying at trial about those "wire taps and evidence obtained by police execution of search warrants"? Could the witnesses include former VicPD Chief Paul Battershill? I kinda think that might be so. - BC Mary.

BC Rail case inches ahead

By Tom Fletcher
BC Local News - September 29, 2008

The fifth anniversary of the police raid on the B.C. legislature is likely to come and go at the end of December before the trial of three former B.C. Liberal political staffers gets underway in earnest.

And that's assuming it gets underway at all, says NDP attorney general critic Leonard Krog.

Krog attended Monday's session in the trial of Udhe Singh (Dave) Basi, Bobby Singh Virk and Aneal Basi, who face charges including fraud, breach of trust and accepting a benefit in connection with the sale of BC Rail operations in 2003. The Crown agreed to turn over documents related to the police investigation to defence lawyers, but Krog says that step took so long that there is now a significant chance the case will be thrown out due to delays.

"If the defence delays, that's one thing. You're not going to get your case dismissed," Krog said. "But when it's the Crown, the RCMP, in this case the provincial government, and it all leads to the delay of a trial date, then that becomes a real issue."

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Defence allowed to view documents
Pact with prosecutor could expedite trial

The Globe and Mail - September 30, 2008

It's been 1,737 days since British Columbians were shocked by the sight of RCMP officers hauling out government files and computers in an unprecedented raid of the provincial legislature in a political corruption case.

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In a 14-page submission Friday to the Supreme Court of Canada, Mr. Berardino emphasized that the issue was of national importance.

B.C. courts have made a change in law by sanctioning the disclosure of an informant's identity to defence counsel at this point in a trial, he stated in response to a submission by defence lawyers. Only the Supreme Court of Canada should effect such a fundamental change to the law of informant privilege, "and only after the most careful consideration of the likely impact on the informant system," Mr. Berardino stated.

Judge Bennett set Oct. 20 as the next court date for the case. She initially had suggested Oct. 15 for an update on the process of disclosure of documents, but defence lawyer Kevin McCullough said he required more time.

New Democratic Party critic Leonard Krog said afterward outside the courtroom he was "very doubtful" that British Columbians will see the start of the trial before the next B.C. election on May 12.

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