Monday, September 14, 2009
Madam Justice Elizabeth Bennett, a sad farewell
Judge dismisses defence application for records of Liberal insider in Basi-Virk case
By NEAL HALL
Vancouver Sun - September 14, 2009 10:28 AM
VANCOUVER - In her last ruling as the long-sitting judge in the Basi-Virk political corruption trial, Justice Elizabeth Bennett dismissed a defence application to obtain the records of Liberal insider Patrick Kinsella.
Bennett ruled there was not enough evidnce to show that Kinsella's records were relevant to the case.
She gave extensive oral reasons for her ruling. She then added: "This will be the last time you'll see me on this case."
Bennett was appointed earlier this year to the B.C. Court of Appeal.
A new trial judge, B.C. Supreme Court Justice Anne Mckenzie, will replace Bennett.
{Snip} ...
More to come.
nhall@vancouversun.com
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Good backgrounder by Bill Tieleman:
BASI-VIRK - decision in BC Supreme Court Monday September 14 at 9 a.m. on Kinsella documents
Outgoing Justice Elizabeth Bennett is scheduled to rule on a defence application to gain access to the private records of BC Liberal Party insider Patrick Kinsella at 9 a.m. on Monday September 14 at BC Supreme Court.
Kinsella, the BC Liberals' 2001 and 2005 election campaign co-chair, was employed by BC Rail as a consultant for $297,000 over four years - including the key period when the $1 billion privatization took place.
Those records, it should be noted, are not the BC Rail documents which have also been requested.
I have unfortunately missed a few court appearances during my summer holidays - including word that the new trial judge replacing Bennett will be Justice Anne MacKenzie.
More about MacKenzie on Bill's blog HERE ... Bill will be in BC Supreme Court and will post a story when he has an opportunity later in the day. - BC Mary.
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Judge sides with Kinsella in Basi-Virk case
By Bill Tieleman
The Tyee - September 14, 2009
In her last appearance as judge in the Basi-Virk corruption case, Justice Elizabeth Bennett dismissed defence applications to obtain private documents from B.C. Liberal Party insider Patrick Kinsella and have him testify in a pre-trial disclosure hearing.
"This will be the last time you'll see me on this case," Bennett told defence and Crown lawyers at the B.C. Supreme Court, where she has presided over lengthy pre-trial hearings since 2006. Bennett has been promoted to the B.C. Court of Appeal and will be replaced by Justice Anne MacKenzie.
But before leaving Bennett dashed the hopes of defence lawyers for ex-B.C. Liberal government aides David Basi, Bob Virk and Aneal Basi, who face corruption charges related to the $1 billion privatization of B.C. Rail in 2003.
Lawyer Michael Bolton, acting for David Basi, said that while the defence is disappointed with Bennett’s final rulings, they plan to call Kinsella as a witness and again ask the court to order production of his private documents.
"The defence still views Mr. Kinsella as a key figure in this matter," Bolton said outside court. "This application will without question reappear before the new trial judge."
{Snip} ...
Bennett also made a ruling that Kinsella's lawyer, James Sullivan, obtained transcripts of earlier hearings in the case in violation of a court order that they not be given to potential witnesses. Bennett blamed the transcription company for the error, not Sullivan.
Bennett ordered production of a list of people who gained access to the transcripts be released to the defence.
Bolton called the transcript decision "very important" to the defence. Sullivan was not in court to comment.
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Also in The Tyee today by Bill Tieleman:
Zalm hates the HST
an excerpt (did you know this?):
When the B.C. Liberal government in 2002 suddenly moved to privatize one-third of B.C. Hydro's operations, I contacted Vander Zalm -- which led me to be MC for "A Premier Event" -- a major protest in 2003 featuring Vander Zalm and former NDP Premier Dave Barrett -- together for the first time, with then-NDP House Leader Joy MacPhail, then-Unity Party Leader Delaney and then-Green Party Leader Adrian Carr.
All agreed Campbell's plan was a disastrous reversal of former Social Credit Premier W.A.C. Bennett's brilliant 1961 takeover of privately-held B.C. Electric, showing the B.C. Liberals had abandoned citizens from the political centre, left and right.
Later Bill Vander Zalm joined labour unions, community groups, the NDP and Unity to fight against the $1 billion privatization of former Crown Corporation B.C. Rail to CN Rail -- another giveaway deal that has hurt the province immensely -- and led to the longest and biggest political scandal in decades -- the B.C. Legislature Raid case, and a trial yet to begin.
[My emphases added ... I didn't know that about Vander Zalm. - BC Mary]
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Canadian Press/CTV - Sept. 14, 2009
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Well worth a second look, on the "Keeping it Real" blog of retired BC journalist, Harvey Oberfeld's column:
BC Rail: the stink is getting worse
Sept. 1 - 2009
Read it HERE.
And you read Harvey's thoughts on a topic where he has had 38 years of journalism experience, have a look [ahem ... hangs head, scuffs toe] at the comments section, where Commenter No. 4 had a lot to say that day, too. - BC Mary.
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Kootcoot over at House of Infamy has something to say, too:
Good Bye and Good Riddance
When it was announced, shortly after our imaginary/issue free election that Justice Elizabeth Bennett was to be elevated to the BC Court of Appeal and the Patrick Dohm was of the opinion that not only did she have to abandon the ongoing travesty of justice that has been the BC Rail Trial but that he already had her replacement all picked out, I thought it was just one more affront to the people of BC. It had all the earmarks of an election victory gift from Stevie Harper to his brother in the neo-con blood, Gordo the Greedy.
But after the second ruling in a row that makes Bennett appear to be representing the interests of Mr. Kinsella more than those of justice or the people of BC I find it hard to discount the notion that no new judge could do worse on this case. {Snip} ...
photo - probably originally black and white and colourized by hand
I find it fascinating how shadowy are certain major players in the ongoing crime spree that we refer to as the BC liaR administration. Searching online for pictures of people like Lara Dauphinee, Ken Dobell, (in)Justice Elizabeth Bennett and Patrick Kinsella yield little or nothing. I have only seen three pictures published of Mr. Kinsella and unless I go to court (Appeal Court now) I will never have any idea what Elizabeth Bennett looks like. Earlier this spring we all went batty trying to find a photo of the elusive, but influential, Lara Dauphinee, apparently the true first lady of BC, both politically and in the black heart of Herr DickTater Gord. For this post though, maybe the photo of Mr. Kinsella at Hastings Park racetrack would have been more appropriate as it would be symbolic of the perfect tri-fecta that seems to be Mr. Kinsella.
There appears to be no doubt that Mr. Kinsella has worked for the Liberal Party of BC and Gordo the Greedball, BC Rail AND CN. Indeed the only question is did he actually work for all three or two of the above at the same time? It is accepted and not even denied that he ran the Gord campaigns in 2001 and 2005, and there is little doubt that he received $6,000 per month for almost three years from BC Rail for ????
Then in documents that have been painfully extracted through the constipated process that is disclosure in this trial there are numerous references to a relationship between CN and Mr. Kinsella. It seems very likely that we have here a double-or-triple dipper and what would appear to be an extremely high probability of conflict of interest SOMEWHERE. It is virtually indisputable that there is reasonable perception possible of conflict of interest - the threshold for further investigation in jurisdictions that are not banana republics with tin-pot dictators.
So for Justice Bennett to say (as Keith Fraser points out in the Province)
.... that the defence had produced nothing to prove that Kinsella played a major, political role in the sale.
is patently absurd after she had previously denied the defence the right to cross examine him. What would be sufficient to justify making him answer questions or produce documentation (both of which would erase the cloud of suspicion surrounding him, if indeed it is not deserved)? Would it be necessary to catch him, red handed, cashing pay cheques from the Liberally Lying Pary of BC, BC Rail AND CN at the same time? It is pretty hard to prove anything if you can't see any evidence or ask any questions of anyone in a position to know any answers. Of course then there is the issue of whether an oath means anything at all to people at a certain level of entitlement and privilege.
From even deeper in Alice's rabbit hole, (according to the CTV website)
In her ruling, Justice Elizabeth Bennett said, "a third party has no legal obligation to assist an accused."
In just eleven words Madame Justice Liz manages to obfuscate, mislead and I think turn reality and justice on its head in more ways than I have the time to even contemplate. For starters the trial of Basi, Virk and Basi is ALL ABOUT the BC Rail deal, no matter how much Gordon Campbell would like us to believe otherwise.
Mr. Kinsella AT THE VERY LEAST was consulting (or something!) for BC Rail during the time under examination here and BC RAIL WAS A PUBLIC ASSET at that time. Justice and the court system though framed in an adversarial process is SUPPOSED to be about truth and justice, and aside from the fact that I think it is a stretch to refer to Mr. Kinsella as a "third party" in this case, to testify or produce documents that even Justice Bennett herself at one time considered likely relevant is hardly "assisting the accused" as much as an effort to get at the truth of what happened.
If the truth happens to help the defendants so be it. Of course the "Special Prosecutor" is supposed to represent the interests of the people of BC, not just the Premier of BC. We have to pay for all of the highly paid lawyers in this pretend trial/pre-trial so far - it would certainly seem only fair if AT LEAST ONE of them represented the interests of the public.
As Robin Matthews, the only person often in the courthouse for these hearings with the interests of the people of BC at heart, recently stated at BC Mary's, after Madame (in)Justice Bennett denied the defence request to cross-examine Mr. Kinsella:
In this case she might say the highly active Liberal, the clearly involved cabinet policy associate, the person employed to advise B.C. Rail, the twice election campaign manager for the Gordon Campbell forces cannot be deemed a private citizen in ordinary terms. To name him that would be an absurdity that no reasonable Canadian could accept.
So Goodbye Lizzie, don't let the door.........you know how it goes!
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Whewww ... sorry, Koot, I didn't mean to take the whole column but I couldn't seem to find a place to break your train of thought. Man, you really must get some help learning how to express your true feelings, eh? Thanks. - BC Mary.
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Let's see, Kinsella's name pops up in all kinds of documents that have managed to see the light of day IN SPITE of ongoing efforts at obstruction and destruction of evidence - yet he is immune from answering questions OR even providing documents, documents that would prove his hands were clean, IF INDEED THEY WERE!
Maybe Patrick and his lawyers are forgetting that as far as I can tell there is absolutely nothing illegal about un-ethical behaviour in British Columbia - indeed it is business as usual!
I think your question is ideally suited to some of the people running this province of B.C.
Let us know what they say. Oh, and tell them that democracy hasn't been revoked just because Basi Virk is still "before the courts".
Go for it.
.
"Has the collective blood pressure of everone within BC borders risen higher?"
I know that mine has, and I find it more than a little disconcerting that I was taking notice of it while I was reading about Kinsella not testifying. As a matter of fact, I had just clicked away from reading Tieleman's Tyee article about it when I chose to move to BC Mary's blog hoping that the tension in my neck and the pounding in my right carotid artery might subside. It hasn't though I get some morbid satisfaction in knowing that others share my symptoms. I fear that the gangarene that has befallen BC is most foul and requires the most extreme measures. BC requires an amputation of its head: certainly a suitable replacement can be found for the transplant.
Oooops, been there done that - and it probably can't be done again nowadays, because we don't have an un-corrupted media, all we have these days is the PAB who use 30 million of our own dollars to mislead us and the Canned Waste Empire that cheerleads for the evil Gordo for free, indeed even makes substantial donations to the evil Gordon for the pleasure of being sycophants!
I saw a clip on the Assperson News last night of Gordo bragging about how he was going to get rid of the criminal gangs in BC and started to get excited, then I realized he wasn't talking about the BC liaR cabinet.
[SERIOUS UNPROVEN ACCUSATIONS HAVE BEEN REMOVED. PLEASE BE MORE CAUTIOUS IN YOUR ALLEGATIONS.
- BC MARY]
Maybe its time to get the people to do some legwork. Get out and protest, accept no more stories ... [REMOVED]
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"Monday, September 14, 2009
Madam Justice Elizabeth Bennett, a sad farewell"
Ive looked and read this several times.
A sad farewell, why? Where is she going, overseas , retiring?
No, shes moving up a floor and picking up a good chunk of change at the same time.
Sad for her, I say, good riddance , don't catch your skirt in the door as you leave.
I think Madam Justice Bennett's departure is sad in several ways ... but the most significant ways, imo, are that she knows the case better than any other judge, she has the specific capabilities for criminal trials, and it means another slow-down while a new judge tries to get familiarized with the Basi Virk Basi - BC Rail Case.
Personally, I have no doubt in my mind that she was ordered off the case and "kicked upstairs" ... I think of the Crown eagerly pushing for her to go ... while Defence wanted her to stay. That tells us something. And frankly, I find it sad.
I wish Madam Justice Anne MacKenzie a strong heart, a fair mind, and lots of courage as she takes over the most important trial in B.C. history. Especially I hope she remembers the people of B.C., who used to own BC Rail.
Now, over to you: why do you say "good riddance" to Bennett?
.
Heaven forbid taxing corporations or financial institutions, they will pack up and head for Alberta and a lifetime of drinking bottled water - and if their children get sick I guess they can send 'em to the states instead of the tent in Edmonton! At least in rural southern Alberta you can light your cigarette off your kitchen (or bathroom) water taps, saves a lot of expense on Bics!
House of Shame, MLA Lee: Today is the United Nations International Day of Democracy. It's a time to reflect on how fortunate we are to live in a country with a long and strong commitment to participatory democracy and human rights. It's also a time for us to remember the many millions of people in other countries whose governments do not respect fundamental rights and freedoms we hold so dear. I am also pleased that the province has proclaimed September 15 as Democracy Day in British Columbia.
Would you prefer I lie, and compliment her.
Simply stated, never start something you don't intend to finish.
all I asked was "why do you say Good Riddance to Bennett?"
You must have had a reason. What was it?
Or did you mean that Bennett shouldn't have started something she didn't intend to finish?
Well ... that's where you need to pay attention: was Bennett an entirely free agent? or was she swamped by forces larger than she could control?
Me, I think she herself did want to finish the BCRail trial. That's what's so sad.
You?
.
If such was the situation, then she should have had the gonads to do the right thing.Stay.
It goes without saying ,that there are fewer and fewer people who have faith or trust in the judiciary here in B.C
OK, BC Mary my call, she bailed!
I'm not sure how to say it, but my thoughts are somewhat in that same direction, as you say ...
which really is why I said in that headline about Elizabeth Bennett, that it was a "sad farewell".
.
"I am also pleased that the province has proclaimed September 15 as Democracy Day in British Columbia."
I say this government pays lip service to democracy and then does everything in its power to undermine it and eliminate due process. Bill 30, which effectively removed all local and regional input on decisions so that the white haired crook from the West Side could "democratically" make all of our decisions for us. Then there is their bill limiting free speech during election campaigns that was struck down, but in the spirit of democracy our defenders of democracy are appealing this judgement in court - why not we DEMOCRATICALLY pay for the appeal, whether we want to OR NOT?
We are fortunate to live here rather than say Myanmar or Zimbabwe, but until we have a truly free, not bought and paid for, press and a public that pays attention, BC is hardly a shining beacon of democracy - au contraire - can you say oligarchy?. In British Columbia democracy is a commodity for sale to anyone (or any corporation) with the wherewithall to buy it.
Voting is a hollow exercise when people vote on the basis of lies repeatedly - election promises like:
1. We will not sell BC Rail (I guess technically they weren't lying since it appears that they actually GAVE IT AWAY)
2. We DO NOT evision instituting an HST
3. We will have no deficit, BC having the best economy on earth, oops, I mean the deficit WILL DEFINITELY NOT EXCEED $495 Million.
4. We will be the most open and transparent government in the universe - that one is going well.
5. We will be the healthiest jurisdiction in the universe (and I guess we already are, so we can cut funding for kids sports and recreation).
6. We will fight crime by closing 25 courthouses and 9 prisons (I guess we already won the war on crime and need neither courthouses nor prisons)
Maybe I missed anon's and the government's point and I should have exercised my democratic rights yesterday as they meant that September 15 is the one day per year that BC is a democracy! The other 364 days it is oligarchy as usual!
And I do ... at least, I think I do ... yes, yes I definitely do see the link between your comments about democracy and
the topic of this blog: BCRail.
.
We've been told over and over again that BCRC, on behalf of the Single Shareholder (Gordon Campbell and the BC Liberals), still owns the railbeds throughout the province.
Could someone please explain why, on page 2 of a brochure the map of downtown Squamish shows a piece of property that is adjacent to the rail line..... why, oh why is the line marked down as "Canadian National Railway" rather than "British Columbia Railway"?
Fact is, it also states on the drawing: CNR R/W. The last bit is for "Right of Way"..... you know, the part that will never be sold, or has it, for a dollar.
More interesting was the date the brochure was written on: 03/2007.?! I thought the land transfer was supposed to take place on July 14, 2009? Perhaps the Gordo Cult couldn't wait for the goodies to follow... .
Participatory democracy??? Surely you jest? I mean, I hope you're not expecting us to take that at face value.
One vote in a meaningless, gerrymandered and media-rigged vote every four years is "participatory"? Gimme a break......
If you were serious, the scary part about people like you is you actually believe the sop to democracy that the once--every-four-years dropping of a piece of paper into a box is real democracy. On every other day in those four years, the winner of that farce of an election gets to rule as an absolute monarch. We don't have a democracy, we have a puppet-show.
Resort, FEARLESS FALCON will be the guest speaker. The Tsawwassen Branch of the Canadian Mental Health Association is sponsoring this event which begins around 6 pm
Tickets and info: Lynn at 604-943-1878.
For those who don't want to buy tickets, you may want to picket...
or raise the issue of what the hell is the CMHA doing with a gambling casino when gambling is so addictive. Just checking. Cheers.
So, I can only guess that the map in the brochure is a copy supplied by BCR Properties to their real estate agent.
Now wouldn't that make the defense team sit up and pay attention. Evidence that CNR does own the Right of Way, contrary to what the BC Government continues to say.
Along the bottom of the second page of the document, where you spotted the date, is this:
"E&O.E (Errors and Omissions Excepted): The information contained herein was obtained from sources we deem reliable and, while thought to be correct, is not guaranteed by Cushman & Wakefield LePage Inc. 03/2007 cc"
There's quite a bit of subliminal messaging going on here. For example at http://www.env.gov.bc.ca/bcparks/explore/parkpgs/brandywine_falls/ Brandywine Falls Trail this is suggested:
"Use caution when crossing the Canadian National Rail line. Trails in the park are not maintained during the winter."
Ahhhhh. Its not the CNR line, its BC Rail line. You know like at Wikipedia on the subject of BC Rail:
"On May 13, 2003, British Columbia Premier Gordon Campbell announced that the government would sell the operations of the railway (including all of the assets other than the rail right-of-way)."
From BC Railway's Annual report, 2007, to the Shareholder...:
"The Company owns the former BC Rail right-of-way and railway track infrastructure and leases those assets to Canadian National Railway for the purposes of operating a freight railway".
Page 27
http://www.llbc.leg.bc.ca/public/PubDocs/bcdocs/90682/bcranrpt2007.pdf
You'd think that because there is a passenger service on the same line that BC Rail continue to own it would then have an agreement with Rocky Mountain or whatever its called, as well.
So why is CNR R/W implanted on the map?
DO NOT PUBLISH
across the top of your comment and then BC Mary will not publish it until she is instructed.
Mary, I hope Your feeling better.
Neal Hall wrote on this past Monday
"The case will resume in court Oct. 13, when a new trial judge, B.C. Supreme Court Justice Anne MacKenzie, will begin hearing pre-trial motions."
A review of completed appearences for September 14th. Lists 23299-4 next appearence Oct 13 Reg- CNA
YET
23299-1 Aneal Basi next appearance September 30th
same as above Bobby Virk September 30th Reg PTC
23299-1 limited access September 30 PTC
PTC-pre trial conference?
EM
I'm still in my bath-robe and still feeling awful, but it cheered me up no end to see your message.
Thank you, thank you!
So I'll put it up on the mast-head and stick a post-it on my computer.
Thanks again [snuffle, cough] ... !
.
"Mary, I hope Your feeling better."
It's "you're" or "you are", but not "Your feeling better
This fellow blogger says to EM:
"Did I hurt your feelings?"
BC Mary you look (can't see you), sound (can't hear you), write (YES) like your old self again!!!!!!
Glad to see a new post, very timely.
Shizaru IV
The Three Wise Monkeys
Nice to hear from you. Thanks for the kind wishes.
I'd like to tell you I'm feeling better ... but not yet ... I recognize the familiar cold which seems to happen every autumn. First it's a cold, then it morphs into a chest cold which becomes the big challenge. A few years ago, it landed me in hospital for 6 days and I don't want to do that again. But right now, the cough is happening ... which means, can't sleep ... yada yada yada. You'll be sorry you asked.
Funny about the your and you're ... I'm a grammar & punctuation nazi and the thing that truly messes with my head is the abuse of the apostrophe which often makes a sentence unintelligible.
Recently I found a birthday card for my sister in which the apostrophe was abused right on the cover ... something like Happy Day's to you, or some such thing ... but I don't think she was amused ... she's a retired schoolteacher, and we often laughed when we saw public signs that announced
Fish & Chip's or Antique's or Hot Dog's
Stay well, OK.
.
sorry Mary to waste space with my post, but Shizaru could better spend time volunteering tutoring the real illiterate,not the disabled.
EM
Now you've got me laughing, because I'm the biggest idjit here, getting commenters all mixed up!
I'll just say this, EM: you are one of the treasures on this site and have helped us many, many times.
And now, I'm going back to bed.
Keep smiling.
.
When I wrote:
"Did I hurt your feelings?", it was only by way of explaining how "YOUR" might be used.
have a heart, willya?
With only 1/2 my brain functioning, I can't understand what you mean ...
what event?
.
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