Saturday, December 06, 2008

 

Appeal could have been heard in Feb 2009

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Anonymous comment on Bill Tieleman's blog, under the headline:

Basi-Virk anniversaries in Dec. show importance of case

Bill, why did Berardino announce the appeal to the SCC [Supreme Court of Canada]with only the Van Sun?

Did the Sun get the exclusive on the news that the SCC would hear Berardino's appeal in APRIL??

Something doesn't add up here. I hope that people understand that Berardino could have truly "expedited" this appeal if he wanted. Rather than mere weasel words, actions speak louder than his spin.

The appeal was granted on Nov 27. He can file his factum within 30 days. Then the defence can file within 30 days of that. This appeal could have been heard in Feb 2009!

No wonder he chose to take out the trash on a Friday night with the Van Sun - he wanted to avoid the tough questions.

Berardino deserves a lump of coal in his stocking this Christmas.

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Anyone? What do you make of this? - BC Mary.

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Anonymous has left a new comment on your post "Appeal could have been heard in Feb 2009":


I checked with a lawyer friend. This comment is true, Berardino acts as the Appellant in this action therefore he is in control of filing dates and the timelines as such.

There is nothing to suggest otherwise. It is common practice that the party who initiates the Appeal has the fiduciary duty to begin the process forthwith, considering that he is on record as agreeing with the defence to "expedite" this appeal.

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Absolutely unbelievable. Honest to gosh ... and then other comments came in ...


Anon 11:42 - my lawyer friends say the same...

I'd suggest Berardino is a super marathoner and not a sprinter.

He missed the part about 'expedite' and went on an 'expedition' instead.

The question of course - and it is more and more impossible to ignore - is how this will play into the plans of defence counsel to petition the judge for dismissal.

Deciding this issue 'before' the provincial election is clearly not on...however, making the case an issue in the election campaign certainly is.

Berardino's strategy is plain to see - avoid having the trial in the midst of a provincial election.

It is shameful behaviour for a prosecution team that has been dragging it's heal for over 5 years.

Negligence or misconduct? My bet is both.

I can only hope that the defence are able to raise the issue of the government documents early in 2009 so that we may begin to see what documents relate to the BC Rail fire sale the government is witholding.


Comments:
I checked with a lawyer friend. This comment is true, Berardino acts as the Appellant in this action therefore he is in control of filing dates and the timelines as such.

There is nothing to suggest otherwise. It is common practice that the party who initiates the Appeal has the fiduciary duty to begin the process forthwith, considering that he is on record as agreeing with the defence to "expedite" this appeal.
 
Anon 11:42 - my lawyer friends say the same...

I'd suggest Berardino is a super marathoner and not a sprinter.

He missed the part about 'expedite' and went on an 'expedition' instead.

The question of course - and it is more and more impossible to ignore - is how this will play into the plans of defence counsel to petition the judge for dismissal.

Deciding this issue 'before' the provincial election is clearly not on...however, making the case an issue in the election campaign certainly is.
 
Berardino's strategy is plain to see - avoid having the trial in the midst of a provincial election.

It is shameful behaviour for a prosecution team that has been dragging it's heal for over 5 years.

Negligence or misconduct? My bet is both.

I can only hope that the defence are able to raise the issue of the government documents early in 2009 so that we may begin to see what documents relate to the BC Rail fire sale the government is witholding.
 
It was nice to be young and foolish, many years ago, believing that the good guys always won.
 
Bill Tieleman explains the appea quite well on his blog. why not go read it.
 
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Isn't that DPL speaking?

Perhaps you should re-read Bill's comment yourself.

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