Saturday, May 22, 2010

 

Lawyer of the week: Kevin McCullough

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The BC Rail Corruption Trial began on Tuesday, May 18, 2010. 

The first witness to take the stand was Martyn Brown, who is Chief of Staff to the premier.

As the Defence lawyer began to cross-examine the witness, we realized the lawyer was asking exactly what most citizens want to know. No pussy-footing. No beating around the bush. No holding back. Brown, the poor sap, was hit by a barrage of questions ... about how the Liberals promised not to sell BC Rail during the 2001 election campaign – only to put it up for sale the next year. About secret offers to "look after" Bobby Virk if he "kept his mouth shut". About the alleged ambitions of CN's president to bankroll Campbell into the position of premier to facilitate the grabbing of BC Rail. Even questions (aha!! we thought) about neglecting and abusing BC Rail to make it seem worthless, and easier to get rid of.  Holy smoke ... !

The people of British Columbia had hungered for this kind of questioning.  Those are our questions. About our stuff. We had almost forgotten how it feels, to have somebody asking our questions that way.

It was better than the Stanley Cup playoff games because this was real. This was about BC Rail. Some of us were shouting "Go, McCullough!"

Then it occurred to me: who is Kevin McCullough?  

*******************************

Kevin McCullough B.B.A.*, M.B.A.**, LL.B.***,
is a Partner in the law firm of McCullough, Parsons, Blazina
Trial Lawyers
#200 – 1011 Fort Street
Victoria BC V8V 3K5

Year of Call to the Bar of British Columbia: 1993
Law School: University of Victoria

Mr. McCullough has been a lawyer practicing criminal law for over 11 years. [Correction: 17 years.]

At the outset of his career Mr. McCullough made a decision to take cases throughout British Columbia. As a result his experience in serious and complex criminal matters is substantial. The many complex and serious cases Mr. McCullough has conducted generally fall into three categories: murders, non-murder Supreme Court trials, and dangerous offender proceedings. Obviously, in the murder and dangerous offender cases his client’s jeopardy is life in prison.

In 2004, Mr. McCullough conducted a lengthy Supreme Court trial where his client was found not guilty of Murder. Mr. McCullough had Aggravated Sexual Assault and Sexual Assault with a Weapon charges dismissed against a different client. Mr. McCullough conducted 3 Dangerous Offender rehearings in which none of his clients were found to be Dangerous Offenders.

In 2003, Mr. McCullough conducted trials where his clients were found not guilty on charges of 1st Degree Murder, Sexual Assault Causing Bodily Harm, Choking, and Threats. During 2003 Mr. McCullough conducted one of the longest Dangerous Offender Hearings in Canadian history at over 90 days. Mr. McCullough was successful in having that Dangerous Offender Application dismissed against his client.

Mr. McCullough has conducted 27 Dangerous and Long-Term Offender hearings for his clients. In other recent Murder cases, Mr. McCullough had Murder charges reduced to Manslaughter in cases in December 2003, April 2003, October 2002 (x2), September 2002, December 2001 (x2), and September 2001. In a March 2002 case Mr. McCullough had a 1st Degree Murder charge dropped against a client who had been previously convicted. In a January 2002 case the Crown did not proceed with a Murder charge against his client. In June 2001 Mr. McCullough had a Murder charge against his client dismissed following a lengthy extradition hearing to a death penalty country.

In 2001 and 2002 Mr. McCullough conducted trials where his clients were found not guilty on charges of Sexual Assault (x5), Sexual Assault with a Weapon (x3), Sexual Assault Causing Bodily Harm (x2), Assault with a Weapon, Unlawful Confinement and Threats.

As a former nationally ranked tennis player and NCAA Division I scholarship athlete, Mr. McCullough has been driven to compete from an early age. Mr. McCullough prides himself on an ability to focus and accept extreme challenges. As a five-time marathon finisher Mr. McCullough understands that it takes hard work, tenacity and drive to succeed. Mr. McCullough prides himself on working long hours and committing himself completely to the cases he conducts.

*The facts of each case vary and results are based upon those facts.

Kevin McCullough photo is HERE: http://www.mbdglaw.com/lawyers-mccullough.htm

Updates HERE.

Kevin McCullough's University degrees are:
* B.B.A. - Bachelor of Business Administration
** M.B.A. - Master of Business Administration
*** LL.B. - Bachelor of Laws
___________________________________________


Comments:
Having watched him twice in court he impressed me. He knows his stuff. And he wouldn't be asking questions if he didn't have something to back him up. Just watch what happens re Mr. Browns' testimony.
 
As a professional who has often witnessed Mr. McCullough's preparation on complex criminal cases, I can tell you without doubt that his preparation is tireless and his organization is complete; he thinks "outside the box" when inside won't do; his client loyalty is 100%; and he is utterly unafraid to challenge the Court during trial.
 
I'm not surprised at his successes. Just looking at his photo shows a man of extreme intensity, I doubt much escapes him. Though his adversaries might wish it did.
 
That's great to hear, Gary E.

Loved reading this, BC Mary:

"The people of British Columbia had hungered for this kind of questioning. Those are our questions. About our stuff. We had almost forgotten how it feels, to have somebody asking our questions that way. "


Also loved reading that Mr. McCullough was "a five time marathon finisher" - seems the perfect credentials for the long and winding road that is the BC Rail case.

Keep opening the windows, Mr. McCullough....the fresh air feels strange but wonderful.
 
I too was very impressed by him when I was in the courtroom last summer with Laila. I know exactly who I would want defending me if I were up on criminal charges.

GAB
 
Do you think the members of the Opposition are writing any of this down? Maybe I shouldn't be so snarky. They are probably still better than anything I got.
 
Message for CC,

Click your mouse over the orange-coloured HERE at the end of the story and it will take you to the original information.

But I think you could manage with what's shown here.
 
I found a different website address that discusses Kevin McCullough's resume - http://www.mbdglaw.com/pages-added/kevin-g.-mccullough.php

It is more updated...
 
check out this court decision that refers to the takeover of BC Rail by CN Rail in February of 2003 - just as the defence lawyers have questioned Martyn Brown in Court!!!

http://www.courts.gov.bc.ca/Jdb-txt/SC/08/08/2008BCSC0882.htm

[10] In February 2003, BC Rail became involved in takeover negotiations with the defendant Canadian National Railway Company (“CNR”). By April of that year, counsel for the plaintiffs considered that Enersul might be involved in some way with the derailments, but made a decision to deal with that issue as the litigation progressed.
 
If I were up on criminal charges and guilty as sin but wanting to get away with it so I could carry on in my nepharious ways, I know who I would hire to respresent me!!
 
McCullough was so effective with Brown - who continues on the stand Tuesday - that it makes you wonder if the SP will offer a favourable deal just to shut McCullough down and save the government worse attacks in the coming weeks. Worth thinking about.
 
Jeez, 9:45 Bot,

Talk about "damning with faint praise" ... is that the best ya got?

Anyway ... this particular trial isn't so much about YOU as it is about ALL OF US ...

and I think we're in a sad and sorry state of mind if we can't applaud fearless honesty when we see it working in the public interest. I know it's a rare thing, but jeez ...

I never expected that the Defence team would provide the McCullough quality of diligence ... but obviously, they did ... and way back long ago (about 4 years ago) I wrote an editorial titled Why Basi-Virk is important to us which says that Basi and Virk could meet all accusations and vindicate themselves if they would ... well, come over to our side (the public interest side) ... and provide the inside story of what happened to BC Rail.

McCullough seems to feel the same way. And, so far (only 3 days into the trial), I'm very glad he did.

As Anon 10:59 says about it ... it's "Worth thinking about ..."
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McCullough's tenacity and "no fear" way of digging for truth, combined with his Masters Degree in Business Administration couldn't be a better fit for what the citizens of BC, and the defendants themselves need. There will be little or nothing the liberal government can do to hide wrong doings in administration, finance, or the backroom.

All in all...I'd say bringing McCullough into this trial was a brilliant move. His willingness to take this on says a great deal about the quality of man he is - and I'd bet knowing his history and reputation might be keeping more than one lib awake at night. And that - pleases me to NO end!
 
You know, you can find San Francisco criminal attorney here
 
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