Friday, December 11, 2009

 

Suspects in BC Rail case may ask for trial to go to jury

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By Mark Hume
The Globe and Mail - Dec. 11, 2009

... The defence suffered a major blow recently when the Supreme Court of Canada overturned an earlier decision by the trial judge that would have allowed defence lawyers to attend a session where a secret informant would be named.

The defence also lost an argument that would have seen Madam Justice Elizabeth Bennett remain on the case, despite her promotion to the BC Court of Appeal and the new judge, Justice Ann MacKenzie, has ruled against the defence on some disclosure issues. All of that could explain why the accused men want to change the mode of the trial and seek a new venue.

Justice MacKenzie has been pushing to get the trial started in January. That seems unlikely with several applications to be heard between Jan. 15 and Jan. 31, but a start date early in the new year seems likely.


Read more HERE.

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Comments:
If I were one of the accused, I think I'd want a jury over the new Madame Justice MacKenzie.
 
SiG,

I can't remember where I read this, but I understand that it takes roughly twice as long to get through a trial by jury, as compared to judge alone.
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Trial by jury and the defense team is looking for a safe haven of a jury pool from within the very place the crime was supposed to have happened.

Good luck.
 
Could it be that the lackadaisical approach to the BC Rail case by the Special Prosecutor might have more to do with his not getting a conviction on it, but he sees his ace in the hole of a greater chance of getting a conviction in the ALR case.

If Dave Basi is convicted on either one of the charges, the amount of time to be spent in jail might be greater in the ALR case rather than the BC Rail charges.

Quote below Source is from your blog BC Mary where you Snipped it from CTV news. Took me all of three seconds to find the original source.


"While the media was still digesting the information in the 2004 warrants, the same special prosecutor announced Monday that Dave Basi is charged with three counts of fraud on the government and one count of breach of trust.

Two other men, Anthony Ralph Young and James Seymour Duncan, also faced four counts each - three of fraud on the government and one of breach of trust.

The indictment filed in court alleges that Dave Basi received $50,000 in connection with an application to the Agricultural Land Commission for exclusion of a property owned by Shambrook Hills Dev. Corp., also known as Sun River Estates Ltd., from the agricultural land reserve.

The indictment alleges that Young and Duncan offered money to Dave Basi in connection with an application to the land commission on behalf of Shambrook.

It was not immediately clear if there is any connection between the latest charges and those regarding the legislature raid."
 
"If Dave Basi is convicted on either one of the charges, the amount of time to be spent in jail might be greater in the ALR case rather than the BC Rail charges."

Of course most of us here, who pay attention to this farce, realize that this case isn't and SHOULDN'T be about Dave, Aneal or Bobby Virk. At best they should be minor players or witnesses in the main case against the corrupt Campbell Crime Family and their ongoing outrages against the citizens of what used to be a fairly nice place on earth, British Columbia.

Who can blame the defense for thinking about going to a jury trial now. At one time they had Justice Bennett, who after hearing the evidence was able to acquit Glen Clark of charges arising from one of the earliest Campbell plots (after the character assassination of Gordon Wilson-Judy Tyabi for less questionble behaviour than he is engaged in currently}. With the help of Lord Gord's secret BFF, Harper, they've managed to put in the fix with the change of judges - kinda like stacking the jury, when it is trial by judge alone............
 
N.V.G.,

Are you suggesting that Bill Berardino is not only the Special Prosecutor for the BC Rail Case (R. vs Basi, Virk & Basi) but is also the Special Prosecutor for the R.vs Basi, Young & Duncan trial?

If so, that would be a very interesting factor in this BC Rail trial. Can you cite a source?

That Canadian Press article from long ago has a lot of info. in it:

http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20060403/bc_legislatureraid_060403?s_name=&no_ads=

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click on nvg's word "SOURCE" highlighted, not for emphasis in bold, but its the link that you're asking for BC Mary
 
Special Prosecutors don't exactly grow on trees, you know.

What do you want, a list of Special Prosecutors that have been appointed within the BC Liberal's acting as government of BC?
 
Thanks, 9:11, but of course (naturally) I did click on nvg's word "SOURCE" ...

but I cannot see where Bill Berardino has been appointed to conduct the A.L.R. trial. The most I can see is that

While the media was still digesting the information in the 2004 warrants, the same special prosecutor announced Monday that Dave Basi is charged with three counts of fraud on the government and one count of breach of trust.

which is what made me wonder if NVG had confirmed his info. elsewhere. OK?
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So, 9:11, what's with that little piece of rudeness?

You don't like people asking who the Special Prosecutor is?

Special Prosecutors are appointed as required. The announcements for appointments come from the Deputy Attorney-General's office.

Hearing it from "the same special prosecutor" doesn't quite do it for me.
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Is your name on the List?

Benchers urge Treasurer approve Special Prosecutors

The Benchers on June 7 endorsed the Attorney General's proposal for the Treasurer of the Law Society to participate in compiling a list of special prosecutors, with the proviso that the Treasurer approve all names on the list, and that the list be reviewed annually.

http://www.lawsociety.bc.ca/publications_forms/bulletin/1990-99/91-07.html


One page of google hits (7):

http://www.google.com/search?hl=en&q=BC+%22List+of+Special+Prosecutors%22&aq=f&oq=&aqi=
 
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Sorry, this isn't helping.

I'll search later, for the answer a simple question:

Who is the Special Prosecutor on HMTQ vs. Udhe Singh (Dave) Basi, Jim Duncan, and Tony Young?
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Mary, do you find it interesting that the article (by Neal Hall you linked to in the post above is in Kelowna.com - does this mean it wasn't published in the "real" downtown BC papers?

As someone already mentioned the most absurd place to expect an untainted jury pool would be in Victoria - the scene of the crime. But of course they would escape Robin, Bill Tileman and most of the Vancouver embedded press except for Lucinda and Squirrel Cheeked Keith Bald(facedLiar)ry. And we all know how important Lucy and KayKay consider things Basi/Virk - hell - to them it is an unconsequential NDP plot to get attention and play gotcha with Gordo the Good!

Personally if they change venue, I would nominate somewhere like Prince George, someplace that used to depend on BC Rail and has now been mis-treated, almost burned down and generally exploited and abused by Texas National, ooops, I mean CN Railway Corp(se)!
 
If horoscopes could be relied upon to tell the truth, my horoscope for today would warn me that

many people
will have expectations of me
which I will find difficult to fulfill.

So I haven't found out yet who the Special Prosecutor is for BCSC Case #134750 Regina vs Dave Basi in the matter of A.L.R. lands,

I haven't nailed down about 6 court references to the manner in which Special Prosecutors are chosen,

I don't know what the heck I'm going to do if the Basi Virk Gong Show moves to Victoria (or Prince George), because in one swell foop I will lose the two Best Ever (Robin & Bill T.), two solid Vancouver msm (Neal& Keith), and 1 outstanding msm from Toronto (Mark Hume for The Globe and Mail) ... with nothing to replace them ... NOTHING!

and I don't know why Neal Hall's column appeared in that Kelowna paper unless CanWest is trying to stretch its resources to cover more CanWest newsrooms.

Today is not working out the way I had planned.
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Fact check:

FACT CHECK:
The special prosecutor Bill Berardino and his associate Janet Winteringham are acting prosecutor for both the ALR case and the BC Rail Trial. He also acted in the case against the former Victoria Police office Dosangh.

FACT CHECK:
The accused in the BC Rail trial were brought to Supreme Court by Direct Indictment which automatically means a jury trial.

FACT CHECK:
A jury trial sits longer hours to reduce the impact to the lives of jurors therefore the trial will be shorter. For example, they will sit on Fridays where in a judge alone trial there are more breaks and the trial does not normally sit on Fridays so that Lawyers can bill more for other work.

Also Jury trials require that many of the details regarding admissibility of evidence needs to be agreed to prior to the trial starting. This could save weeks of trial time over little details such as how evidence was secured.

FACT CHECK:
The Olympics will cause a break for the entire BC Court system that will delay any trial until late Spring.

FACT CHECK:

THIS CASE WILL HAVE MANY WITNESSES THAT HAVE KEY LINKS TO THE GORDON CAMPBELL GOVERNMENT.

SIGNED, THE FACT CHECKER.

MUCH OF THIS INFORMATION IS ON BILL TIELEMAN'S BLOG...
 
Fact Checker, none of your statements can be corroborated via Bill Teileman's blog.

Do you want to try again, with some FACTS, like LINKS?
 
I think the fact checker is the fellow some of us refer to as the Format Nazi - note the care in formatting, much more attention to the formatting than the facts!

Of course maybe proper/fancy formatting is what makes a statement true.
 
Farmers have another facility under fire from BCR Properties as well with lease payments fgoing from $5000.00 per year to $25000.00 per year. Sounds like an eviction notice to me. All in order to sell land and finance our broke government. If all the land is sold around the rail terminal in Fort St. John, how will large projects with big freight volumes offload their goods. Or is the master plan to eliminate rail availability for anything north of Prince George. You'd think that CN would speak up on this, after all if you have a railroad with no terminal space you essentially don't have a railroad do you. Try to offload 40 wind turbines (500 truckloads of large pieces) in Chetwynd with no room. Pay to move them and store elsewhere, then move again to sites when prepared. Any needless costs adding up? What a great economic development strategy and great long term thinking Mr. Campbell.Thanks for helping out. Lets do all we can to get rid of Campbell and get our railroad back. And yes I am a business owner.
 
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