Thursday, October 21, 2010
BC Rail Political Corruption continues ... with Rafe Mair explaining
.
RAFE HERE
So, the plot thickens and bit by bit we extract the truth out of the backpedaling, inkfish tactics being used by the Campbell government to explain the Basi-Virk bribe, for bribe it was.
We started with Crown Counsel telling us, as the disclosure of the bribe was made, that he did it all himself. He must have grossly underestimated the intelligence of the BC people. As some teeth were extracted we learned that no, it wasn't all by himself, but from the Deputy Attorney-General, Criminal Justice Branch (ADAG).
Pause for a moment. The ADAG is a special role and not really part of the civil service, this from a release by the Attorney-General's Ministry:-
"The responsibilities of Crown counsel are defined in the Crown Counsel Act. The act ensures the independence of the prosecution service. Prosecutors are guided by the policies of the Criminal Justice Branch and they are ultimately accountable to the assistant deputy attorney general (ADAG). Under the act, the ADAG is head of the Criminal Justice Branch and is responsible for the administration of the branch and the day-to-day operations of the prosecution service. While the Attorney General is responsible for overseeing the administration of justice in the province, the Attorney General does not normally become involved in prosecution decisions relating to individual cases."
Now, as I'm sure you're now asking, how can the ADAG get instructions for settlement without going to his boss, the AG?
The answer is that he can't, nor, as we will see, can the AG make that decision. Stay tuned.
Today we learn the key to the bribe when we're told that the Deputy Finance Minister was part of the negotiations which went back, incidentally, nearly three weeks before the announcement. The Deputy Finance Minister is a public servant, under Order-in-Council and reports to the Finance Minister. He chairs what is known as Treasury Board Staff, better known as "Little Treasury Board" which and again this from the AG's office "is responsible for developing and reviewing government's economic, fiscal and taxation policies. It provides analysis and advice to Treasury Board (the Cabinet committee responsible for budget and management matters) and to the Minister of Finance" through Treasury Board" which is chaired by the Finance Minister, Colin Hansen and is comprised of Hansen and 7 senior Cabinet ministers,
Pause - now the path becomes a little clearer. Crown Counsel needs two things, authority to make the deal in the first place and $5 million in hush money. There is no way the ADAG can make that decision and provide the money which is how the deputy Finance Minister gets in the act. He has no authority to make this decision either so he must go to Treasury Board, C.Hansen prop., and both ask for the money and convince the Board that it's needed. There is no way in the world that Hansen with or without Treasury Board could make this decision so the matter goes to Cabinet, chaired by one Gordon "Pinocchio" Campbell.
There is another cute little fact finally disclosed - despite earlier denials, Basi and Virk had to sign a confidentiality agreement - they couldn't talk or the deal was off! And who was that to protect?
Sure as hell it wasn't the public who had every right to know all the details.
Forgive the repeat from yesterday, but remember that Crown Counsel Berardino was winning the case and if he wasn't sure of that, he had to be when the accused offered to cop a plea. But follow me carefully from here: If his remaining witnesses, Collins, Campbell et al would help Basi and Vick's case, Berardino was obliged to reveal that to the accused's lawyers. We therefore know that these witnesses to come would make Crown Counsel's case all the stronger.
Why then would Mr Berardino want to bail out?
There are but two possibilities - either Berardino is as dumb as a sack full of hammers and doesn't understand these things or he was told to settle on orders from Gordon Campbell. In helping you make your choice, let me tell you that Mr Berardino is a very clever lawyer, one of the best courtroom lawyers in the province.
Clearly, this confidentiality agreement was intended to protect the political asses of Messrs Campbell and Collins and other Liberal insiders.
Conclusion:- The $5 million bribe to Basi and Virk was authorized by Premier Gordon Campbell who was in the negotiations from the beginning and knew that he and former Finance Minister Collins and other key people in his clique, were going to be called as witnesses which is why the bribe was paid.
Two Comments from "Full Disclosure" ...
1) THIS DEAL IS DIRTY.
The fact of the matter is that the AG has certain duties and powers, under legislation known as the Attorney General Act - Sec. 2(b)he "must see that the administration of public affairs is in accordance with law,
(c) must superintend all matters connected with the administration of justice in British Columbia that are not within the jurisdiction of the government of Canada,"
These duties are HIS, as Attorney General and include all duties which belong to the office of Attorney General and Solicitor General of England by law or usage...
Micharl DeJong cannot pretend that this is not HIS decision nor that he did not have a duty to properly superintend and oversee this settlement which is clearly outside the bounds of precedent and practice in this province.
As much as he may wish to put this decision off onto his deputies, the legislation he is charged with upholding is unequivocal - he's the boy - and he's the one with dirt on his hands.
The resolution of this case by plea bargain is fraudulent under its current arrangement...Basi and Virk may have dodged the bullet for fraud - someone else is now clearly in the cross-hairs.
I think it's time to appoint another special prosecutor to look into the administration of justice in this province and the dereliction of duty on behalf of the current holder of the AG's Office.
2) Yep, you've got it Rafe - almost all of it too - except you haven't looked at the terms of the Attorney General Act...the Attorney General ain't just another cabinet minister - he has a broader responsibility as the Chief LAW OFFICER of the province.
IF, as the Attorney claims, he didn't like the deal - and thought it wasn't the 'right' thing to do (ie, pay off the guilty party with a get out of jail free card and forgiveness of a whole pile of mortgage backed debt offsetting a long list of legal bills, the payment for which had already been advanced) he had the DUTY, as spelled out in the ATTORNEY GENERAL ACT to tell everyone: 'NADA, this deal is dead'
The suggestion that he was avoiding the 'appearance' of political interference by holding his nose and signing the deal is just plain hogwash. HE was, in fact, doing the opposite - he was ignoring his legal and statutory duty while pretending he was being upright and just.
In the British political system the AG has a duty above and beyond that of any other cabinet minister - and, in this case, the current AG has shucked it.
Like Robert Bonner stonewalling in the Sommers case, DeJong has failed to live up to the tradition(s) and the letter of the law.
Shame. And shame for blaming bureaucrats for his own failure(s).
Thanks for this Rafe - and thanks Mary.
RAFE HERE
So, the plot thickens and bit by bit we extract the truth out of the backpedaling, inkfish tactics being used by the Campbell government to explain the Basi-Virk bribe, for bribe it was.
We started with Crown Counsel telling us, as the disclosure of the bribe was made, that he did it all himself. He must have grossly underestimated the intelligence of the BC people. As some teeth were extracted we learned that no, it wasn't all by himself, but from the Deputy Attorney-General, Criminal Justice Branch (ADAG).
Pause for a moment. The ADAG is a special role and not really part of the civil service, this from a release by the Attorney-General's Ministry:-
"The responsibilities of Crown counsel are defined in the Crown Counsel Act. The act ensures the independence of the prosecution service. Prosecutors are guided by the policies of the Criminal Justice Branch and they are ultimately accountable to the assistant deputy attorney general (ADAG). Under the act, the ADAG is head of the Criminal Justice Branch and is responsible for the administration of the branch and the day-to-day operations of the prosecution service. While the Attorney General is responsible for overseeing the administration of justice in the province, the Attorney General does not normally become involved in prosecution decisions relating to individual cases."
Now, as I'm sure you're now asking, how can the ADAG get instructions for settlement without going to his boss, the AG?
The answer is that he can't, nor, as we will see, can the AG make that decision. Stay tuned.
Today we learn the key to the bribe when we're told that the Deputy Finance Minister was part of the negotiations which went back, incidentally, nearly three weeks before the announcement. The Deputy Finance Minister is a public servant, under Order-in-Council and reports to the Finance Minister. He chairs what is known as Treasury Board Staff, better known as "Little Treasury Board" which and again this from the AG's office "is responsible for developing and reviewing government's economic, fiscal and taxation policies. It provides analysis and advice to Treasury Board (the Cabinet committee responsible for budget and management matters) and to the Minister of Finance" through Treasury Board" which is chaired by the Finance Minister, Colin Hansen and is comprised of Hansen and 7 senior Cabinet ministers,
Pause - now the path becomes a little clearer. Crown Counsel needs two things, authority to make the deal in the first place and $5 million in hush money. There is no way the ADAG can make that decision and provide the money which is how the deputy Finance Minister gets in the act. He has no authority to make this decision either so he must go to Treasury Board, C.Hansen prop., and both ask for the money and convince the Board that it's needed. There is no way in the world that Hansen with or without Treasury Board could make this decision so the matter goes to Cabinet, chaired by one Gordon "Pinocchio" Campbell.
There is another cute little fact finally disclosed - despite earlier denials, Basi and Virk had to sign a confidentiality agreement - they couldn't talk or the deal was off! And who was that to protect?
Sure as hell it wasn't the public who had every right to know all the details.
Forgive the repeat from yesterday, but remember that Crown Counsel Berardino was winning the case and if he wasn't sure of that, he had to be when the accused offered to cop a plea. But follow me carefully from here: If his remaining witnesses, Collins, Campbell et al would help Basi and Vick's case, Berardino was obliged to reveal that to the accused's lawyers. We therefore know that these witnesses to come would make Crown Counsel's case all the stronger.
Why then would Mr Berardino want to bail out?
There are but two possibilities - either Berardino is as dumb as a sack full of hammers and doesn't understand these things or he was told to settle on orders from Gordon Campbell. In helping you make your choice, let me tell you that Mr Berardino is a very clever lawyer, one of the best courtroom lawyers in the province.
Clearly, this confidentiality agreement was intended to protect the political asses of Messrs Campbell and Collins and other Liberal insiders.
Conclusion:- The $5 million bribe to Basi and Virk was authorized by Premier Gordon Campbell who was in the negotiations from the beginning and knew that he and former Finance Minister Collins and other key people in his clique, were going to be called as witnesses which is why the bribe was paid.
"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
Two Comments from "Full Disclosure" ...
1) THIS DEAL IS DIRTY.
The fact of the matter is that the AG has certain duties and powers, under legislation known as the Attorney General Act - Sec. 2(b)he "must see that the administration of public affairs is in accordance with law,
(c) must superintend all matters connected with the administration of justice in British Columbia that are not within the jurisdiction of the government of Canada,"
These duties are HIS, as Attorney General and include all duties which belong to the office of Attorney General and Solicitor General of England by law or usage...
Micharl DeJong cannot pretend that this is not HIS decision nor that he did not have a duty to properly superintend and oversee this settlement which is clearly outside the bounds of precedent and practice in this province.
As much as he may wish to put this decision off onto his deputies, the legislation he is charged with upholding is unequivocal - he's the boy - and he's the one with dirt on his hands.
The resolution of this case by plea bargain is fraudulent under its current arrangement...Basi and Virk may have dodged the bullet for fraud - someone else is now clearly in the cross-hairs.
I think it's time to appoint another special prosecutor to look into the administration of justice in this province and the dereliction of duty on behalf of the current holder of the AG's Office.
*******
2) Yep, you've got it Rafe - almost all of it too - except you haven't looked at the terms of the Attorney General Act...the Attorney General ain't just another cabinet minister - he has a broader responsibility as the Chief LAW OFFICER of the province.
IF, as the Attorney claims, he didn't like the deal - and thought it wasn't the 'right' thing to do (ie, pay off the guilty party with a get out of jail free card and forgiveness of a whole pile of mortgage backed debt offsetting a long list of legal bills, the payment for which had already been advanced) he had the DUTY, as spelled out in the ATTORNEY GENERAL ACT to tell everyone: 'NADA, this deal is dead'
The suggestion that he was avoiding the 'appearance' of political interference by holding his nose and signing the deal is just plain hogwash. HE was, in fact, doing the opposite - he was ignoring his legal and statutory duty while pretending he was being upright and just.
In the British political system the AG has a duty above and beyond that of any other cabinet minister - and, in this case, the current AG has shucked it.
Like Robert Bonner stonewalling in the Sommers case, DeJong has failed to live up to the tradition(s) and the letter of the law.
Shame. And shame for blaming bureaucrats for his own failure(s).
Thanks for this Rafe - and thanks Mary.
"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
Many, many thanks to you, too, "Full Disclosure". - BC Mary
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Comments:
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Yep, you've got it Rafe - almost all of it too - except you haven't looked at the terms of the Attorney General Act...the Attorney General ain't just another cabinet minister - he has a broader responsibility as the Chief LAW OFFICER of the province.
IF, as the Attorney claims, he didn't like the deal - and thought it wasn't the 'right' thing to do (ie, pay off the guilty party with a get out of jail free card and forgiveness of a whole pile of mortgage backed debt offsetting a long list of legal bills, the payment for which had already been advanced) he had the DUTY, as spelled out in the ATTORNEY GENERAL ACT to tell everyone: 'NADA, this deal is dead'
The suggestion that he was avoiding the 'appearance' of political interference by holding his nose and signing the deal is just plain hogwash. HE was, in fact, doing the opposite - he was ignoring his legal and statutory duty while pretending he was being upright and just.
In the British political system the AG has a duty above and beyond that of any other cabinet minister - and, in this case, the current AG has shucked it.
Like Robert Bonner stonewalling in the Sommers case, DeJong has failed to live up to the tradition(s) and the letter of the law.
Shame. And shame for blaming bureaucrats for his own failure(s).
Thanks for this Rafe - and thanks Mary.
IF, as the Attorney claims, he didn't like the deal - and thought it wasn't the 'right' thing to do (ie, pay off the guilty party with a get out of jail free card and forgiveness of a whole pile of mortgage backed debt offsetting a long list of legal bills, the payment for which had already been advanced) he had the DUTY, as spelled out in the ATTORNEY GENERAL ACT to tell everyone: 'NADA, this deal is dead'
The suggestion that he was avoiding the 'appearance' of political interference by holding his nose and signing the deal is just plain hogwash. HE was, in fact, doing the opposite - he was ignoring his legal and statutory duty while pretending he was being upright and just.
In the British political system the AG has a duty above and beyond that of any other cabinet minister - and, in this case, the current AG has shucked it.
Like Robert Bonner stonewalling in the Sommers case, DeJong has failed to live up to the tradition(s) and the letter of the law.
Shame. And shame for blaming bureaucrats for his own failure(s).
Thanks for this Rafe - and thanks Mary.
# posted by 
: October 21, 2010 at 3:49 p.m.
: October 21, 2010 at 3:49 p.m.
Can somebody not call the police to investigate this? It's so Twilight Zonish. I keep expecting to hear Rod Steiger's voiceover. I can't believe this can happen and nobody is doing anything to stop it. What the hell has happened to this province?
# posted by : October 21, 2010 at 5:43 p.m.
: October 21, 2010 at 5:43 p.m.
http://blogs.bclocalnews.com/victoria_secrets/basi-virk-lawyers-exit-laughing/312
# posted by : October 21, 2010 at 5:49 p.m.
: October 21, 2010 at 5:49 p.m.
So how did BVB afford living expenses, kids skating lessons, etc, if no job? who was paying him all these years... verse mortgage via the lawyers, which he now doesnt have to pay back?
# posted by : October 21, 2010 at 6:26 p.m.
: October 21, 2010 at 6:26 p.m.
dave basi is a criminal. I KNEW IT! and he has now admitted it after 7 yrs of denial that cost you and i 6M.
# posted by : October 21, 2010 at 6:47 p.m.
: October 21, 2010 at 6:47 p.m.
Any SMART criminal knows that one MUST work alone. If ONE other person knows about his/her actions, it is one too many. In this present debacle, many, many "know", and have the goods on many others.
The Players should be afraid, very afraid. The Factories that churn out Brown Envelopes are still in productivity..............
Gary L.
The Players should be afraid, very afraid. The Factories that churn out Brown Envelopes are still in productivity..............
Gary L.
# posted by : October 21, 2010 at 7:30 p.m.
: October 21, 2010 at 7:30 p.m.
Behavior is always telling, more than words.... and right now the behavior of this government, of the AG, the SP and of the 'justice' system is revealing all.
The behavior being exhibited by those who set up this six million dollar plea bargain is making clear to all watching that bribery and influence has become normalized in this province. So normalized that they don't even think we will notice! This desperate and invasive action by government reveals the depth and scope of the corruption.
And they are all sinking in their own muck.
The good news is their own arrogance has tripped them up.
They have gone too far.
The people feel it and know it.
Our small town is a buzz with talk about the implications of the abrupt end to this trial. The MSM may have returned to their usual chasing ambulances mode - but there are a lot of people saying: "Not so fast......"
Blogs like Mary's, have made themselves relevant and meaningful to the lives of British Columbians, through their perseverance, their continued focus, and their caring about this province. While the largely toadying cheerleaders that make up the MSM at present have made themselves both irrelevant and meaningless to the people of this province through their superficial and head in the sand approach to reporting.
The most significant trial in the history of this province was kept alive largely through citizen journalism. They realized how important coverage of it was to the people of this province. To our future.
So Bravo! to BC Mary, Robin, Ross K, Kootcoot, Laila, Grant G, Ian Reid, Gary E, Norman Farrell, Peter Ewart, Merv in Terrace and so many others for keeping the candle in the window brightly burning for BC.
The behavior being exhibited by those who set up this six million dollar plea bargain is making clear to all watching that bribery and influence has become normalized in this province. So normalized that they don't even think we will notice! This desperate and invasive action by government reveals the depth and scope of the corruption.
And they are all sinking in their own muck.
The good news is their own arrogance has tripped them up.
They have gone too far.
The people feel it and know it.
Our small town is a buzz with talk about the implications of the abrupt end to this trial. The MSM may have returned to their usual chasing ambulances mode - but there are a lot of people saying: "Not so fast......"
Blogs like Mary's, have made themselves relevant and meaningful to the lives of British Columbians, through their perseverance, their continued focus, and their caring about this province. While the largely toadying cheerleaders that make up the MSM at present have made themselves both irrelevant and meaningless to the people of this province through their superficial and head in the sand approach to reporting.
The most significant trial in the history of this province was kept alive largely through citizen journalism. They realized how important coverage of it was to the people of this province. To our future.
So Bravo! to BC Mary, Robin, Ross K, Kootcoot, Laila, Grant G, Ian Reid, Gary E, Norman Farrell, Peter Ewart, Merv in Terrace and so many others for keeping the candle in the window brightly burning for BC.
# posted by : October 21, 2010 at 9:24 p.m.
: October 21, 2010 at 9:24 p.m.
And do we hear any of this on Bill Borings show on Brand-X or in the Vancouver fishwrap?
NO!
The entire mainstream media has been corrupted by the most evil government BC has seen!
NO!
The entire mainstream media has been corrupted by the most evil government BC has seen!
# posted by : October 22, 2010 at 6:50 a.m.
: October 22, 2010 at 6:50 a.m.
Keep fighting Mary - it ain't over!
The following was sent this morning to the Vancouver Sun, The Province, The Times Colonist, and The Globe and Mail for publication.
And I'm starting a poster campaign around the ledge...
People of BC:
For those of us old enough to remember, this whole sordid BC Rail affair is eerily reminiscent of another country’s descent in to a near-collapse of democracy and the rule of law.
Watergate.
Richard Nixon’s trail of dirty tricks, payoffs, slush funds and cover-ups.
Prosecution of the puppets, not the puppet-masters.
This is what has become of our once-proud democratic institutions.
Where are OUR Woodward and Bernstein?
Where is OUR Washington Post?
STAND UP! SPEAK OUT!
Warren White
Gordon Head, Victoria
The following was sent this morning to the Vancouver Sun, The Province, The Times Colonist, and The Globe and Mail for publication.
And I'm starting a poster campaign around the ledge...
People of BC:
For those of us old enough to remember, this whole sordid BC Rail affair is eerily reminiscent of another country’s descent in to a near-collapse of democracy and the rule of law.
Watergate.
Richard Nixon’s trail of dirty tricks, payoffs, slush funds and cover-ups.
Prosecution of the puppets, not the puppet-masters.
This is what has become of our once-proud democratic institutions.
Where are OUR Woodward and Bernstein?
Where is OUR Washington Post?
STAND UP! SPEAK OUT!
Warren White
Gordon Head, Victoria
# posted by : October 22, 2010 at 6:52 a.m.
: October 22, 2010 at 6:52 a.m.
why havent the big media done some digging on that land deal in sooke surely more than one guy was involved?
I had a family member that lived in sooke at the time it was nasty...oh yea this is bc no story here move along..
glen clark's trial was yaked about for days on end newspaper stories talk radio thousands demanding his head on a plate.. I still find it hard to believe the one day after the trial deal was done there was nothing in the msm but i seem to be hearing more on the airwaves from michael campbell yeesh
cherylb Im with you on your ealier post what the hell is going on in this province? how is it all these guys get off scott free with us paying the tab...
a govt deal set up in advance is that legal for the premiers office to directly interfere with a court case? I dont get it oh and just for fun I did some reading on david ho and harmony air ways yesterday is it any surprise they wanted gary colins in their camp thats one scary billionare and so very close to the liberal govt I wonder if David Ho is still in jail..
I had a family member that lived in sooke at the time it was nasty...oh yea this is bc no story here move along..
glen clark's trial was yaked about for days on end newspaper stories talk radio thousands demanding his head on a plate.. I still find it hard to believe the one day after the trial deal was done there was nothing in the msm but i seem to be hearing more on the airwaves from michael campbell yeesh
cherylb Im with you on your ealier post what the hell is going on in this province? how is it all these guys get off scott free with us paying the tab...
a govt deal set up in advance is that legal for the premiers office to directly interfere with a court case? I dont get it oh and just for fun I did some reading on david ho and harmony air ways yesterday is it any surprise they wanted gary colins in their camp thats one scary billionare and so very close to the liberal govt I wonder if David Ho is still in jail..
# posted by : October 22, 2010 at 9:24 a.m.
: October 22, 2010 at 9:24 a.m.
How come the 2 whites guys got faaaaaaar heavier fines than the 2 brown guys who took far more?
Can Mathews answer this?
Post a Comment
Can Mathews answer this?
# posted by : October 22, 2010 at 4:50 p.m.
: October 22, 2010 at 4:50 p.m. << Home
