Monday, September 13, 2010


Today in BC Supreme Court: BC Rail

Something new, something more brazen is apparent today. There's a rush to provide news ... news with an edge ... news which points fingers without much credibility. As if the Public Affairs Bureau has gone into overdrive.

For example, read BC Rail sale would be marred if private details got out, corruption trial hears. By Tamsyn Burgmann, The Canadian Press, Sept. 13, 2010.  Just click HERE. But ... but then read what RossK said about the very important data omitted from that very piece by Burgmann.

And then RossK straightens out the testimony of Mr Brian Kenning HERE. And it looks to me as if the news reports from BCSCourtroom 54 will require these explanations to create some semblance of balance.

Believe it or not, you'd be swamped if I provided every link. Which means that reports can be found in many places. Start with the "flagship" Vancouver Sun.  The comments are exceptional.

Another astonishing sight this evening was the first-ever streaming headline on CTV News during Jane Tabor's "Power Play". It said (copying it from memory) something like this: "The political corruption trial of three BC government employees resumed today in BC Supreme Court, Vancouver. It couldn't have come at a worse time for the Campbell government."  Imagine. That looks to me like an obvious change in the political weather.

Neal Hall's report - Basi Virk trial resumes after month summer break - is linked HERE. Rod Mickleburgh has a balanced report, Offers for BC Rail fluctuated wildly, court told, read it HERE. Other reports will be linked, I hope, as time goes on. 

Right now, I'm just going to stand back a while, to see where this frenzy is heading. Let me know what you think. - BC Mary.


Thanks for the heads up....
Have you seen Brian Kenning article for on CBC News website:
BC Rail Faced Cash Crunch, Corruption Trial Told

What is even more interesting than the article are the 33 comments by very well informed public (covering every topic from BC justice system and all facts and sundry about this questionable sale (lease???).
Sorry, Mary, I got something wrong..... witness was Brian Kenning. No mention of reporter concerning CBC news article.

comments following article 'astonishing'
Wait till tomorrow, after two more hours of the Crown Prosecutor questioning Mr. Kenning.
Since when are they enabling comments on this story? Has there been any change in the publication ban?
....My latest...."It's The Big, Bad Evil (Phantom) Debt Stupid!" is now up.


Kim, THe Globe & Mail website isn't allowing comments. I can't remember what the CBC was doing before the recess.
What was with all that hype about losing the ban on the secert witness?
According to Yvette Wells' notes the debt story seems a little bit of spin. found the quote yesterday and posted on my blog.

BTW - Great job as usual, Mary.
How about Mark Mudie BC Rail executive launches lawsuit.

B.C. Rail 'sabotage' plot alleged

President fired for 'clandestine' affair claims execs planned for big buyouts

Andy Ivens

Sunday, December 15, 2002

VANCOUVER -- A top B.C. Rail executive fired for having a "clandestine" love affair with a colleague claims he's the victim of a plot among senior officials to enrich themselves by "sabotaging" the Crown corporation's profitability.

The allegation is detailed in court documents filed in a wrongful dismissal suit brought by Mark Mudie, former president and chief operating officer, against the corporation.

The documents allege that B.C. Rail executives conspired to weaken the corporation's financial situation in a bid to force the provincial government to sell it off -- triggering generous severance packages for top officials.

But in a writ filed in B.C. Supreme Court, Mudie says his dismissal was "without just cause and without notice."
He admits to a "personal relationship" with MacLagan but says their affair was a red herring used to get rid of him for other motives and that his dismissal has ruined his career.

Mudie claims he was sacked because he was steering the railway to an improved financial picture, contrary to Phillips's alleged hidden agenda.

In an Aug. 26 letter to the railway's lawyers, Mudie's lawyer, Murray Tevlin, notes: "B.C. Rail has just gone through the best seven months' performance in its history. Perversely, but truly, this is the reason for Mr. Mudie's dismissal." ....

Tevlin alleges Mudie's dismissal "has apparently been driven by certain senior executives at B.C. Rail with a view to triggering attractive compensation packages which they have negotiated for themselves contingent upon the sale of B.C. Rail.

"In order to ensure the triggering of those rich packages, there has been what Mr. Mudie has referred to as a 'failure strategy.'

"A plan, referred to as the 2004 Plan, was created which was not thought to be realistic in business terms and not well thought-out.

"Mr. Phillips has expressed to a number of officials that the 2004 Plan will not succeed.

"The plan has purposely set out unrealistic objectives so that, when it fails, it will convince the government of British Columbia that there is no option but to sell the railway.

"Mr. Mudie, contrary to expectations of some ... has delivered a superior financial performance," says Tevlin's letter. "In other words, he is delivering performance considerably above the 2004 Plan, which will now give the government the option of not selling the railway and, therefore, not triggering the rich severance package for certain executives."

Tevlin says Phillips "sought to sabotage the Plan by refusing to order new rail cars, which would have increased the profits of the company by at least $700,000. "In addition, (Phillips) has been unsupportive of a renewal of the transportation contract with the railway's largest customer, Canfor. Mr. Mudie opposed Mr. Phillips on this issue and he has now paid the price."

To back up his claim that Mudie was turning B.C. Rail around, Tevlin says the railway had revenues of only $30 million last year, but, as of late August, the 2002 figure was heading toward $70 million. "The target under the 2004 Plan was about $52 million."

Dougs comment" Actually I think there is some merit in Mr.Mudie's claims, the way things are being run around here a lot of us employees some times think that the BCR is being run into the ground deliberately."
Why doesnt the defense call Mark Mudie?
Why is the only person who doesn't get raked over the coals for extramarital affairs, or rather the imputation of one, also the only person standing to benefit from those people who have been so raked?

"D-o-u-b-l-e s-t-a-n-d-a-r-d"

I suspect a certain individual is dreading her turn for cross-examination by the Basi-Virk-Basi legal team......
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