Monday, January 11, 2010


Robin Mathews in Basi Virk Courtroom 54

Four and a half minutes in Courtroom 54

By Robin Mathews
January 11, 2010

Eight lawyers sat in the courtroom, eight or nine observers in the gallery as the four and a half minute hearing process unrolled.

In brief, Mr. Berardino, Special Crown Prosecutor, reported to Madam Justice Anne MacKenzie that Prosecution and Defence are in gratifyingly productive talks, and he may be able to report, upon the return of the parties on January 25, that all - or nearly all - Defence motions, on wire-tap legitimacy and the rest will be erased and will not go forward. If that happens, the court will save months (four to six) of time, and may be able to proceed expeditiously to a trial of the three accused men.

With that, the assembly filed out from the courtroom - to speculate or to go to the courtroom next door and hear the brief discussion. There the Dave Basi charges in relation to the ALR and Sooke lands were set to be visited again on February 8, 2010.

With that, the assembly filed out from the courtroom to hear questions and answers, to speculate ... to drift into the Vancouver rain - perhaps to pick up the day's 24 HOURS paper and to read of the mountainous boondoggle of riches swept up by the Olympically chosen, and to be paid off over decades by the people of B.C.

The universe is unfolding as planned ... but by what God, what Creator?

The air that pervaded the Law Courts Building this morning was one of expensively perfumed cynicism. It is a cynicism so deep that one felt transported to Rome or Moscow as an empire was being dessicated by avarice, cronyism, sell-out, bribery, place-buying, blunderingly overweight bureaucracy and all the symptoms of a culture in advanced decay.

We may observe a few things about the state of the Basi, Virk, and Basi matter that might cause readers to reflect ... just a little. 

If Madam Justice Elizabeth Bennett had not been removed from the case in a set of circumstances that has not yet (to me) been fully explained, the day - today - would not have gone as it did.

If the Special Crown Prosecutor appointment machinery included a protocol for review so that an Attorney General and his deputy Attorney General could not appoint as a Special Crown Prosecutor a long time partner and associate to a matter very closely involving the government of which they are a part, the day - today - would not have gone as it did.

If RCMP Deputy Commissioner Gary Bass had done what I requested him to do and what I sincerely believe is his duty - to have begun a criminal investigation of the chief actors in the corrupt transfer of BC Rail to CNR, the day - today - would not have gone as it did.

If the (so-called) 'mainstream press and media' had done its job, prying into matters (such as mentioned just above) and had editorialized on the manifest failures of democratic accountability in the administration of justice in B.C., and had properly informed the British Columbia public, the day - today - would not have gone as it did.

In the face of all those failures, we can say the day - today - went very well indeed.


 Bravo, Robin!   - BC Mary.


I read a story in the Vancouver Sun...Looks like a trial is going to happen...

Yes - the media doesn't cover it or do any serious investigative journalism whatsoever of this story. They are mute.

And you can bet that Campbell is using every bit of anonymous pressure and influence that he can to make sure the information about this crime never sees the light of day. He and his government are crooks -- no better than a banana republic. They belong in jail not running this province.

Here is the Vancouver Sun's reason for cutting off the posting of any comments about the story they ran in their poor excuse for a paper:

"Comments have been disabled
Editor's Note: We have closed comments on this story for legal reasons. We appreciate your understanding."

Can someone explain to me what possible legal reasons exist for them not allowing public comment on this story about the corruption of a publicly elected government??

sorry -- the paper that I quoted as denying public comment was the Globe and Mail not the Vancouver Sun. Same thing though... neither does any investigative journalism.

Thanks for your comments. And yes, wouldn't it be great if the big media undertook to investigate and explain various things that occur in BC?

Grant Gough did a fine piece of work on the topic of who exactly owns BC Ferries these days. It's not really clear ... but he can take you through the steps if you go to:

Checking completed court list for Jan. 11th for 23299 next appearence is January 19th, 10 am
for the ALR 134750 it is Feb. 8
9 30 am
Thanks, Eva.
A guilty plea is a possibility, negotiations could include which charges are stayed and which one's are proceeded with. Another negotiation point would be sentence, serious breach of trust convictions usually result in a serious sentence. Finally, legal fees; there is a possibility that the government would attempt to recover them if the accused are found or pled guilty. (there is some debate as to whether the government should have assumed responsibility for the fees in the first place for this type of offence by public officials) There might be some agreement not to pursue legal fees civilly in exchange for guilty pleas which would save a lot of court time and further fees.

Admission of wiretap evidence would tend to suggest a guilty plea although it is purely conjecture.

By the way, this new Attorney General seems to be taking a measured and careful approach to his duties, in contrast to some of his predecessors. He is a pleasant surprise to the legal community.
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