Tuesday, November 24, 2009
Basi Virk defence lawyers seek disclosure of documents related to secret informant
.
By NEAL HALL
VANCOUVER SUN - November 24, 2009
VANCOUVER — Defence lawyers in the Basi-Virk political corruption trial are seeking hundreds of documents related to a secret informant that was the focus of a Supreme Court of Canada ruling last week, a judge was told Tuesday.
Lawyer Kevin McCullough told B.C. Supreme Court Justice Anne MacKenzie that the Crown has already disclosed 22 police briefing reports involving a police informant, but the defence is seeking 373 more.
"I want to get on with this," he told the judge, adding he wants a hearing in December on the matter.
Special prosecutor Bill Berardino told the judge the Crown was ready to proceed on the matter on Dec. 6, 2007, when then trial judge Elizabeth Bennett ruled that the defence lawyers should be able to attend an in-camera hearing.
The Crown's position was it should be an "ex-parte" hearing that would exclude the defence lawyers and the public.
The Crown appealed Bennett's ruling to the B.C. Court of Appeal, which, in a split decision, upheld Bennett's finding that the defence should be allowed to attend.
The Crown then appealed to the Supreme Court of Canada, which unanimously ruled Nov. 19 that the matter should be held in camera and exclude the defence lawyers. {Snip} ...
Also to be heard early next year will be the defence's abuse of process application, which alleges the Crown decided to cut an immunity deal with Erik Bornmann, a key Crown witness who is alleged to have provided benefits for the accused while Bornmann was working as a lobbyist.
Another matter raised Tuesday is that the accused may re-elect to be triad by a judge and jury. Currently, the accused have elected to be tried by a judge alone. {Snip} ...
"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
Update Nov. 24, 2009:
Answering my question, Neal Hall very kindly provided the following information ... that Dave Basi was actually in court today and that January 11, 2010 has been set as the date for fixing the trial date for Case #134750-1-D in the A.L.R. matter.
Also: Today's session featured discussions about the scheduling of the abuse of process application (the Crown immunity deal with Erik Bornmann).
On Thursday, Nov. 26, government lawyer George Copely returns to court to update disclosure of executive branch documents.
On behalf of my readers, too, I sincerely thank Neal Hall for his generous sharing of information.
- BC Mary.
"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
By NEAL HALL
VANCOUVER SUN - November 24, 2009
VANCOUVER — Defence lawyers in the Basi-Virk political corruption trial are seeking hundreds of documents related to a secret informant that was the focus of a Supreme Court of Canada ruling last week, a judge was told Tuesday.
Lawyer Kevin McCullough told B.C. Supreme Court Justice Anne MacKenzie that the Crown has already disclosed 22 police briefing reports involving a police informant, but the defence is seeking 373 more.
"I want to get on with this," he told the judge, adding he wants a hearing in December on the matter.
Special prosecutor Bill Berardino told the judge the Crown was ready to proceed on the matter on Dec. 6, 2007, when then trial judge Elizabeth Bennett ruled that the defence lawyers should be able to attend an in-camera hearing.
The Crown's position was it should be an "ex-parte" hearing that would exclude the defence lawyers and the public.
The Crown appealed Bennett's ruling to the B.C. Court of Appeal, which, in a split decision, upheld Bennett's finding that the defence should be allowed to attend.
The Crown then appealed to the Supreme Court of Canada, which unanimously ruled Nov. 19 that the matter should be held in camera and exclude the defence lawyers. {Snip} ...
Also to be heard early next year will be the defence's abuse of process application, which alleges the Crown decided to cut an immunity deal with Erik Bornmann, a key Crown witness who is alleged to have provided benefits for the accused while Bornmann was working as a lobbyist.
Another matter raised Tuesday is that the accused may re-elect to be triad by a judge and jury. Currently, the accused have elected to be tried by a judge alone. {Snip} ...
"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
Update Nov. 24, 2009:
Answering my question, Neal Hall very kindly provided the following information ... that Dave Basi was actually in court today and that January 11, 2010 has been set as the date for fixing the trial date for Case #134750-1-D in the A.L.R. matter.
Also: Today's session featured discussions about the scheduling of the abuse of process application (the Crown immunity deal with Erik Bornmann).
On Thursday, Nov. 26, government lawyer George Copely returns to court to update disclosure of executive branch documents.
On behalf of my readers, too, I sincerely thank Neal Hall for his generous sharing of information.
- BC Mary.
"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
