Monday, October 25, 2010


The BC Rail (Illegitimate) Trial Over, Brian Kieran, Lobbyist, Intended Witness, Speaks out

By Robin Mathews
October 25, 2010

                Brian Kieran was a lobbyist in 2003, successful, connected.  With Jamie Elmhirst (also an intended witness), he was a registered lobbyist for OmniTRAX, a U.S. corporation (Denver, Colorado) in the bidding to buy BC Rail.  Mr. Elmhirst was a Liberal who had been an aide to Gordon Campbell – and to important federal Liberals.

                The two men were partners with Erik Bornmann, (Liberal) intended prosecution star witness given immunity against prosecution to state – to use Mr. Kieran’s quotation from Section 9b of the Crown’s agreed “Statement of Facts” – [Dave] “Basi received payments totalling $23,695 from Eric Bornman during the same time that OmniTRAX was bidding….” A bribe was offered … a bribe was received, it seems.  The briber was freed of all charges.  The bribed man has been convicted and sentenced in a trial cut short, most believe, to prevent information getting to the public about the actions of Gordon Campbell and his associates in the matter.

                Whose money did Erik Bornmann use to bribe Dave Basi?  His own?  Or someone elses?  Shouldn’t the RCMP want to know that … and shouldn’t the public be fully informed of the source…? And more?

                The connections of the two men (Elmhirst and Kieran) were … sparkling.  Mr. Kieran, himself, was a long-time political columnist for the Province (giving him wide connections) before becoming a lobbyist.

                The Province (for those who don’t know) is the daily paper in Vancouver which won’t report the wrongful appointment of William Berardino as Special Prosecutor, won’t call for a criminal investigation of the top actors in the sale of BC Rail.

               The “speaking-out” of Mr. Kieran in the Province – we may suppose – might leave a little to be desired … might hang back just a little.

               But something is very clear.  Mr Kieran wants to re-establish his reputation after the vague and wounding information involving the organization he was partner in. He never, he says, suggested dubious activity, never knew of the Bornmann bribe. Fair enough.  That should be known by all, and might have come out formally if the trial had gone ahead as it should have done.

                Nonetheless, Mr. Kieran writes a strange piece in the Province.  From his self-described “wonderfully successful boutique agency” Mr. Kieran did what he could to get BC Rail sold to a U.S. bidder, OmniTRAX.  Now, he says, “Looking back” … he sees there “was no reason to sell such a valuable provincial asset and no one along the rail line was clambering to unload it”.

                He sees that now.  But buried in the whole transaction – engaging in “timely intelligence gathering”, and obviously familiarizing himself with the whole structure and process, Mr. Kieran seems to have missed the key point at the time: “there was no reason to sell such a valuable provincial asset ….”

                 I hope I may be excused (in all this confusion of a trial cut short) for saying I don’t believe him.

                 I don’t believe he didn’t know back then, especially because he writes that his client OmniTRAX “was convinced from Day 1 that Canadian National was destined to win the bid”.  He goes on that “Intel [intelligence] flooding into OmniTrax from the North American railroad community and material I reviewed continued to support the conspiracy theory that CN was the chosen one.”  And “CP’s acrimonious llth-hour letter to government in which it abandoned what it deemed to be a discredited bidding process speaks volumes.  That CP Rail letter could have blown the doors off the entire sale….”

                 All that … and Mr. Kieran went on doing what he could for OmniTRAX. To hell (one might say) with British Columbia and British Columbians.

                 In addition, those who have followed the case for years kept hearing allegations of “a consolation prize” being offered (from Cabinet?) to OmniTRAX to stay in the bidding.  Mr. Kieran says nothing about that. Maybe he will tell us later if that was kept from him … or if it is simply a completely baseless rumour.

                 “In the coming weeks and months [Mr. Kieran writes] I will be looking for therapeutic opportunities to contribute to a meaningful public discussion about the tragically flawed B.C. Rail process.”  Therapeutic?  Therapy for him, or for the people of British Columbia who have been robbed of their railway?

                  Finally, after writing what he has written, convinced – obviously – that the transfer of BC Rail to CNR involved activities that “could have blown the doors off the entire process” – isn’t he suggesting, hinting at, evoking, pointing to the possibility of criminal behaviour among a good many more than the recently convicted?  And  shouldn’t he be calling for criminal investigation of leading actors in the drama?

                  Maybe he will find it therapeutic to do so in the “hard-hitting political blog” he intends to launch, especially since he writes that “if my views prove embarrassing for the current government . . . great!”

 E.M has left a new comment on your post "Stop, thief!":

VICTORIA — Premier Gordon Campbell shuffled his cabinet and senior staff this morning, including a key move to his inner circle.

Campbell announced his long-time chief of staff, Martyn Brown, will leave his post, being replaced by former ICBC CEO Paul Taylor. Brown will become the new deputy minister of tourism.

Read more HERE:

Is he totally out of his mind??? Again the arrogant BASTARD.

Reminder from RCMP watch webpage.

McCullough argued police failed to properly investigate the relationship between Brian Kieran, a lobbyist with Pilothouse, and deputy finance minister Paul Taylor.

He asserted that despite Taylor’s close relationship with Kieran, RCMP never questioned Taylor whether he gave any documents or information about B.C. Rail to Kieran or another Pilothouse partner, Erik Bornmann.

“They don’t talk to Mr. Taylor about his relationship with Pilothouse,” the lawyer said yesterday in his sixth day of legal arguments for more disclosure of documents from the special prosecutor.

“Where’s the investigation of Taylor? It’s not done,” McCullough said. “The RCMP should have asked Taylor if he gave any information to Kieran.”

McCullough read in court yesterday an e-mail dated Aug. 23, 2003, sent from Kieran to another Pilothouse partner, Jamie Elmhirst.

Kieran said he had been fishing that day with “Paul” — McCullough told the court it was Paul Taylor, then deputy minister to finance minister Gary Collins — and he “got the real goods” on the B.C. Automobile Dealers Association.


Martyn Brown as Deputy Tourism Minister? here's a quick qualifying quiz?

Q: What is BC's largest ski resort?
A: I don't remember

Q: Where is BC's main wine-growing region?
A: I don't recall

Q: What major buildings are on the Inner Harbour in Victoria?
A: I'm not sure

Q: What is the Premier's favourite getaway?
A:, no, I'm not sure at all

If your readers are interested in the real reason the Basi-Virk trial was torpedoed by its own Crown Prosecutor and A-G, then I invite them to check out my blog at

It explains part of the "organized crime" story.

It also makes it pretty clear that I believe Justice MacKenzie is using her ability to "seal" evidence to obstruct justice.
wow ... I dont know what to say. I will say it anyway. Mathews, you are entitled to your opinion. Just as you went on and on about the prosecution being somehow motivated by racism, you now go and call Kieren a liar, based on what, becuase his client thought the fix was in from the get go? So what ... his client was paranoid. How would Kieran have known the fix was in, he didnt have the benefit of hindsight nor a crystal ball. So his client was (it seems) right. SO what? Even a broken clock tells the time right 2wice a day. Proves nothing.

If you had a point to make, I missed it. And what of JAmie Elmhirst? You made a point of mentioning him ... why?
RM, I am tiring ...

I dont know Kieran, but I do know of Elmhirst and I can tell you he is a stand up guy. But from the tone of RM letter(s), one would think they are devils, and BVB innocents.

I respectfully disagree. Whatmore, the evidence shows (Basi Boys)that Basi, when given the chance, would though you under the bus without hesitation. Basi is and was not an innocent pawn here. He was fully engaged. To make him out as picked on for whatever reason, ie because of the colour of his skin, because he wasnt an elected memeber, becuase he was hired directly as an MA and not the usual way, because he was prosecuted by a *very likely if not absolutely damn certainly* rigged process, becuase because because, etc etc etc, is just plain wrong and misses the point that he was fully engaged and willing player in this whole mess and if he wasnt, perhaps Rail BC would still be ours.
I believe under Section 380.(1) of the Criminal Code fraud has been committed against the people of British Columbia in the sale of BC Rail which makes the sale of BC Rail null and void.

I also believe a crime has been committed under Section 462.31(1) of the Criminal Code.

There are probably numerous other breaches of the Criminal Code perpetrated in the fraudulent sale of BC Rail.

This leads me to believe that we the people of British Columbia are still the rightful owners of BC Rail.
@ 6:15 AM

You have left a comment that leaves the impression that we should be thinking that Basi/Virk acted alone. You have missed the point that an obvious conspiracy has taken place where Dave Basi was a minor yet instrumental player.

You have also missed the point that citizen journalists and Mr. Tieleman have laid bare the template for these type of treacherous workings for all to see.

In short this case BC Rail is the working model of how the public interest is cast aside for special interests.

It reflects how damaged our democracy and justice system have become. It reflects the insidious level of corruption that has rendered the rule of law a quaint but dated idea.

If you cannot grasp all of that and continue to consider Basi/Virk the authors of this debacle then you may be part of the problem.
Anonymous, you're giving Basi's henchman role way too much credit. You're saying, effectively, that the crooked sale of BC Rail was all his fault, and THAT, clearly, is not the case. A henchman follows orders. He does not give them.....nor is a ministerial aide in any way able to shape or direct policy, or such a matter as the pawning off of a major Crown Corporation to the ruling party's major campaign donor.

I'm with you, 100% on this assessment that the BC Rail-CN deal -- fraudulently created -- is therefore null and void.

I'm just trying to find a clear legal description of what "Third Party Review" means

so I can write up a small item on what an honest premier could do, right now to start this province on the road to recovery ...
Anonymous 10:18

... and you are giving BVB too many excuses for their role, for which they were fully engaged in, admitted to, and wanting more of.
wow ... so you THINK Basi was giving insider info to OmniTrax by request of his Boss, why then did Basi plead GUILTY after telling us for 7 years he was INNONCENT?

This is clear evidence that BASI is a LIAR. He says one thing, then later on, admits to the crime he initially denied IN A COURT OF LAW.

I dont trust Basi at all. Yet you all think he is some lamb fed to the wolves.

I can only imagine the plea was promited by what is on those wire taps that Basi didnt want heard in court ...
Anonymous 6:15, the previous poster's comment you seem to have missed is that if you are right, the whole mess would not have taken place without a willing stooge.
bc railroaded?
AnonoPAB of the second and third comments is either retarded or another sleaze bag himself.

"If you had a point to make, I missed it."

That statement indicates that it is indeed ignorance, perhaps a course in critical thinking or something would help.

As far as "stand up guys" there is a total absence of any such creature that was involved with the wrongful removal of BC Rail from the public's ownership. It is good to hear from Mr. Kierans after all these years, but don't forget he is in the PR business and his writings so far are self-serving and disingenuous at best.

I have no sympathy for the fall of their Lobbyist Firm, perhaps he should have considered the quality of the people he was hiring and avoided Spidermen burglars with the morals and ethics of a Bacon Brother but without the jam to be a real gangster. Let's not forget that his chosen employee Mr. Many N's Bormannnnnnn could also have been charged with offering a bribe, but under the Campbell Crime Family regime, it would appear offering and giving a bribe isn't against the law, but merely business as usual protected as proprietary!

As to:

"To make him out as picked on for whatever reason, ie because of the colour of his skin, because he wasnt an elected memeber, becuase he was hired directly as an MA and not the usual way, because he was prosecuted by a *very likely if not absolutely damn certainly* rigged process, becuase because because, etc etc etc, is just plain wrong and misses the point that he was fully engaged and willing player in this whole mess and if he wasnt, perhaps Rail BC would still be ours."

If that is how you interpret Mr. Mathews articulate writing, I wonder if English is a language in which you possess competency or just another indication that you need remedial training in critical thinking.
koot, thank you for your kind words.

Mathews was/is convinced that racism played a roll in the prosecution of BVB.

Because of that, I have a hard time taking anything he says seriously.
If anon0 at 6:57 considers my comments kind, it is further proof that he has difficulty comprehending simple English, but seems to think that ignorance is cleverness.

It is Anonignoramus makes such a repeated big deal over Robin's minor suggestion that racism may have played a bit role in the Basi Virk Case, not Mr. Mathews. However maybe the inarticulate one could explain why the only charged persons were Indo-Canadian, while those offering bribes to the "brown men" in both the BC Rail case AND the Sooke ALR scam were both white and not personally criminally charged, though last time I looked offering bribes was just as serious of a crime under the crimnal code.

Also in spite of electoral irregularities in other campaigns only the brown men involved with Kash Heed's campaign are facing criminal charges (though not the member himself, who lacks the prereuuisite sense of honour to accept responsibility for his ballliwick like they do in the UK or NDP) - though thanks to "oh so" Special Prosecutor Robertson the head brown man, Kash and Karry Heed himself got a free pass.

There is a thread of "old white men in suits" mentality and entitlement that runs through the Liberal caucus and cabinet that cannot be denied and women and minorities are only tolerated, and exploited as long as they are useful to the ruling White Capos!

Women and minorities are welcome in the LIEberal ranks as long as the women know their place and the "others" are the equivalent of East Indian or West Indian (First Nations) Uncle Toms or of that hybrid Clarence Thomas/Stonewally type.

Although it is obvious that growing up (for his later teenage years) without a father may well have helped create a sociopath in Gordon Campbell. It is really rich for the poor lad from Point Grey, educated at Ivy League Dartmouth to lecture single mothers and their children who have to live in the Darwinesque Campbell dreamworld. Next we'll be hearing about how difficult it was for Prince William and Harry being raised by their poor single Mom Princess Di!
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