Friday, May 15, 2009

 

The Friday afternoon shocker: Madam Justice Elizabeth Bennett is promoted ... out of the Basi-Virk Case and into BC Court of Appeal

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CKNW reports:


New Judge at the Legislature Raid Trial
Vancouver/CKNW(AM980)

5/15/2009

A new judge will be appointed in the ongoing legal saga surrounding the BC Rail corruption scandal.

Elizabeth Bennett was overseeing the case in B.C. Supreme Court, but she has been appointed to the provincial Court of Appeal.

A spokesman for the Crown says that means a new judge must be chosen to take over a complex case that began with a police raid of the provincial legislature more than five years ago.

The raid targeted the offices of two ministerial aides - Dave Basi and Bobby Virk - who were charged with accepting a benefit, fraud and breach of trust in relation to the sale of BC Rail.

It's alleged they took money from lobbyists {Snip} ...

(The Canadian Press)

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Basi-Virk trial judge to be replaced
Justice Elizabeth Bennett appointed to B.C. Court of Appeal

BY NEAL HALL
VANCOUVER SUN - MAY 16, 2009

Read more HERE.


The trial judge in the long-running Basi-Virk trial has been appointed to the B.C. Court of Appeal.

A new judge will eventually have to be assigned to take over the trial, which has been delayed by disclosure problems for years.

But Justice Elizabeth Bennett is expected to continue hearing pre-trial disclosure motions on the complex case at least until mid-July, a lawyer involved in the case said Friday.



{Snip} ...



- Terence A. Schultes, who was Vancouver's regional Crown counsel for the last six years, is appointed a judge of the B.C. Supreme Court and will replace Justice Bennett in Vancouver. He received his BA from UBC in 1983 and his law degree from the University of Victoria in 1986.

nhall@vancouversun.com

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Comments:
Well isn't this a surprise.... on a late Friday afternoon,on a long weekend...right after the election.

How convenient to get a promotion. The judge must be beside herself.

And how long will it take exactly to appoint a new judge who then must familiarize himself with 5 years of legalese?


And who is it that gets to pick the judge?

Hmm, I'm guessing this is just a lead-in to other delights, like a dismissal,or a mistrial, or a breach of a charged persons right to a speedy trial. Isn't that the lated thing everyone's using to get off scott free?

Good grief.
 
MORE DELAYS THAT WILL DERAIL THIS CASE.
 
Clearly a political move, and right on the inside doorstep of the election. No accident. Look for a marked change in tone from the bench as the hearing continues and the trial begins. There is no reason for the Liberals to appoint an impartial justice, and all the more reason to appoint a partial one. It has that same whiff of arrogance to it as the Restraint Budget, the "we'll show you!" attitude of the victorious ultra-right.

What's needed is higher-level intervention; Parliamentary hearings, US Securites and Exchagne illicit dealings investigation, with CN getting called before the US Congress to account for the irregularities of its relations with a foreign government.

Enough of the kiddie stuff and trying to pretend our existing system is sufficient to catch political criminals of the order we're dealing with here. Making a stink federally, and with our friends to the Soiuth (those of them that are friends, that is). is the only recourse now.

This is intervention in due process, no mistaking it. She was not gonna play by the government's script, and they're "kicking her upstairs" (the basic premise of the Peter Principle, except she's not at the level of her maximum inadequacy; perhaps she will be after the promotion.

Or, perhaps, she may be the deciding vote on the Court of Appeal that overturns the Supreme Court verdice, whichever it is. "Everywhichway indeed".

it was a sham trial in the first place. As we all know, the charges were never filed on those truly reponsible for what BAsi & Virk were up to, adn who knows what else.

THAT should be the subject of federal inquiry; why the RCMP have not taken criminal action against the Liberal leadership, given that they jumped down Ralph Goodale's (and Glen Clark's) throats on much sketchier evidence.

Who is it, after all, that appoints a new judge to the case. Wouldn't that be Wally Oppal? But isn't he in conflict of interest for doing so? But since conflict of interest is what's being covered up, that's not all that surprising is it?

Y'never know, could piss the Bros. Basi and Mr. Virk to talk even more loudly about what else they know. This could backfire on the LINOs, big-time...

Such unseemly arrogance though, vulgar and blatant political meddling in the most important trial in BC history. Shameful.
 
The LINOS have nothing to do with this, OFFICIALLY. It is a federal perogative, but we all know how cozy Steve and Gord really are - and Steve is no more a Conservative than Gord is a Liberal - they are both liars who won't even label themselves honestly!

I feel like I live in Alice's Wonderland, without Alice or either pill!
 
Then it's federal meddling, and makes me rue - once again - the loss of the Law Lords as a yet-higher-power to overcome partisan fiddling with our system.

I dunno, maybe this is enough to get Lewis Lapham's attention (Harper's Magazine, if he's still ed, there).

If Ignatieff wanted to get rid of the carpetbaggers that sport the Liberal name in BC, he'd do well to speak up about this appointment and accuse the feds of trying to derail the case. Who knows, maybe that's what the Tories are hoping, considering the damage the case could do to the Liberal name nationally.

But so much more, that is, if he doesn't act....because when the shitbags start to fly, all those who helped hold them are going to get stains on their shirt.....

BTW when I wrote what I wrote about the Basi Bros. above, I hadn't seen the "Letter to Paul" yet....
 
Looks like this just might be a Saturday Night Massacre to call our own....albeit a day early and a little less bloody.

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Well, considering what other traits the regime in BC is displaying I'd say the lot of you/us should be anticipating a Krystallnacht somewhere down the line.....though Bill's already had that with the raid on his office early on in the affair....

Already they're using the politics of fear, if only in the form of Kinsella's threat to sue the NDP instead of just call them commies as is the ancient tradition of the BC right. But watch the papers in the next while, on their last legs, for last-gasp calls to be wary of the left, and to portray the left as inept and inexperienced as possible. They'll go out with a lot of noise, and still try and keep their clout as "news outlets" on the internet.

By 2013 all this may be changed by whatever the net has become by then; even online voting is conceivable by them; I imagine i will be Accenture that will have the data contract, or Maximus.....but also the "Big Media" may not survive the transition to the net; but on the other hand the Libs just showed how clever they could be with Twitter and out-digital-manoeuvring the NDP. Wouldn't it be fun if Jimmy snapped up CanWest and gave Glen Clark control of the newsdesk? I can't imagine Jimmy being all that happy about Warren B and Mr Gates encroaching on his turf, although I'm unfamiliar with his views on ownership of BC Hydro I know he's much more an old-guarder Socred than he is a Campbellite.

What we need, really, is an Obama, either nationally or provincially, who takes on political reform in such a way as to inspire people as well as provide the economic/cultural/political vision to give people confidence in him/her as a leader. And, gasp, charisma. Someone who will inspire people, especially the young who are most affected by all the Campbellites have done and are going to do, to make a point of voting. Somebody who, despite their ethnic or economic or regional or regional alignment, is not voted on or selected on that basis; somebody who just deserves it, or inspires enough people anyway to believe that he/she is that.

McMartin's article about how they turned Gordon's ignominy into stardom is a case in point. The NDP need to do that; pick among their talent, and groom them up with p.r. combers just like was done with Gordo. Telegenesis...

It's intriguing to think of Leonard Krog vs Geoff Plant in 2013....

There's certainly enough Hollywood-type union ranks film-people here with the directing and coaching skills to help out. And why was it only Bryan Adams, of all the BC-born film celebrities, the only one to make a political endorsement.

Consider, seriously, getting Pamela Anderson on side about fish farms, and have her stump with Carole James. Can the NDP handle it? Probably not, though Pamela could. Tacky to some, but she is an Island girl; and I'll guarantee you that all the women who DO emulate her might have their vote influenced; on the male side, have Ryan Gosling stump with Leonard Krog, or get Michael Shanks (who's from Kamloops) to join Rafe on the anti-IPP tour. No guts, no glory....

Two more serious solutions: coax Corky Evans out of retirement. Or work hard on drafting Rick Hansen. What a horror to think he could be seduced by the cretinous BC Liberals; for him to declare politically, though, is something along the lines of Celine Dion's response to Larry King in an interview long ago: yes, she has strong feelings in one direction, but for the sake of her fans and because she knows it would unduly influence politics in a big way, and she's only about music, he may just never yield. If not as Premier (which I suspect he could pull off ably), then as Health Minister (there's a grand tradition of Cariboo and Kamloops members being highways ministers, however).

But who might speak up in the juridicial community about this appointment, and about her replacement? Justice Barrett? (ret. no?), Justice Prowse (who's from BC as I recall). The Bar Associations I think we an right off, although maybe I'm wrong there.

The selection of the new judge, in fact, may actually provide impetus for spin-off consequences that may yet drive the case to the centre of the public polity, whether the big media like it or not. Let's hope for a surprise appointment (in a good way), or in response to a bad one, a chorus of objections from concerned barristers and justices and senators.....have to be a really bad one to get things rolling, maybe, but....
 
skookum--

Not sure Krog would be PRable...

How about Fleming?

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Auditions for the part of the new judge now underway.

Final script will follow soon - still needs some tweaking.
 
It's this kind of crap that determines that the only law is the one that come from the end of a gun. Many people are driven to this, not because they are nuts, but because playing by the rules is a losing game from the beginning. But alas, Canadians and BCer's, are so complacent, that you can just come on in and take whatever you want from us. No guns here.
 
Anonymous Grumps,

Perhaps your message ought to be deleted.

I'm Canadian.
I'm British Columbian.
So are most of the readers here.

We are not complacent. And I can't for the life of me figure out how you think that guns produce law.

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Mary, I'm not advocating violence. My point is that when there is no justice and democracy is a sham, then what is there left to turn to? History shows that violence is the only thing left. Many countries around the world today suffer such serious corruption in leadership. When will we know what our tolerance limit to it is?

The power of the the written word is great. So is the power of the propoganda affairs bureau.

And I in no way accuse you of being complacent. Just so many are. Where's the fire? Marching in the streets?
 
Is this major announcement not even covered in the mainstream media? I quickly scanned headlines online at the TC and Vancouver Sun (I long ago stopped buying such useless and wasteful pieces of paper) and saw not a related word.
 
Mary, I share Anon's pain! and ultimately he is right. After a certain point with no redress, the other, less peacful or civil, voting methods tend to get used, see, French Revolution, 1776, decades in Algeria - indeed, the only one I can think of who brought real change "peacefully" against really stubborn opposition was that Saint among men, Ghandi! Peaceful revolution has a very poor success rate, historically and worldwide, unfortunately - I guess because for too many greed is more powerful than love!
 
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Listen, you guys who mess around with inflammatory words thinking you're being clever or cute or "revolutionary" ... you ain't. Not even close.

You're whimpering. You're giving up. And the toe of my boot is just itching.

Stop it.

One guy with a gun is a murderer.

6 guys with guns: a gang of murderers.

But a population which dicovers the truth and says "We're mad as hell and we aren't gonna take it any longer!" ... now that's the beginning, and only the beginning, of a true revolution.

So I say: aim your insults at the perps in this scene: such as those who use BC tax-money for a Public Affairs Bureau to "inform" well-meaning citizens of how to stab themselves in the back.

BC is being governed by the downtown equivalent of sea lice: that's the problem, not the people.

OK, I'm done.

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Whatever Mary, I think I'm not going either way, just "off the grid." I too would prefer to read history and come to different conclusions about what has worked or not worked in the past - and the cheeriest thought I can dig up this morning is that maybe Thoreau had it closer to right than most folks......at least for himself!

As to:

"But a population which dicovers the truth and says "We're mad as hell and we aren't gonna take it any longer!" ... now that's the beginning, and only the beginning, of a true revolution."Please send me some citations that refer to successful examples of the above..........even my own personal battle against US Policy in SouthEast Asia went beyond this, many violent acts occurred, though not in my own particular case. And I must say I am still happy that this was the case.

In my own case I just sacrificed over a decade of my life, wealth, labor and normal preparations for the future I should have been making instead of "fighting the beast" - and ultimately all so that someday Richard Milhouse Nixon could go live in "shame" , ....er I mean splendor, on the Beach in Orange County in the end.

RMN pulled a replace "Liz Bennett" on me in US Federal Court, and maybe he died with his reputation in tatters, but he certainly didn't suffer for his many sins on this plane, so much that we would notice, nor does it seem, does his still consulted by the powerful, German Buddy - Kissenger!
 
Citatations?

That's easy, m'darlin'.

Every revolution in human history has begun with the population saying the equivalent of "We ain't gonna take it any longer ..."

I'm pretty keen on change for the betterment of citizens.

I'm just not so keen on adversarial discussions of any kind (like You-bad, Me-good partisan politics), especially all adversarial discussions involving loaded guns, mortars, bombs.

OK?

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Mary,

Apologies if I inadvertently helped start any crazy talk....My reference at the top of the thread was metaphorical, and relates to this.

However, given what seems to have followed, please feel free to remove my original comment.

RossK
 
The Czech and Portuguese revolutions were notably pacifist in nature, as also Slovenia's withdrawal from FYROM. There are other examples, those are only the first to come to mind....
 
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Dear RossK,

Well, if you did start it, it was wholly INADVERTENT, as you say.

So your comment stands.

But thanks for caring, as you always do.

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OH MY GOD

That is all I can say...

Speechless.

Just when you think this whole situation couldn't get any more suspect...
 
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