Tuesday, October 19, 2010

 

BC Rail Political Corruption Trial. Oct. 18, 2010. The End of Justice in British Columbia

.
Mourning in Courtroom 54. 

By Robin Mathews
October 18, 2010.


The figure of Justice lies in the dust, bloated and decayed this morning, her blindfold torn from her face, her scales smashed and in pieces beside her.  The vultures of the corrupt province circle over her – all recognizable, all with names.  Feeding on her rotting body ...

So ends the seven year “case” against the three order-in-council appointed aides charged with a panoply of offenses involving, mostly, the corrupt transfer of BC Rail to the CNR.

The story – told in banner headlines in the Mainsteam Press and Media – is that the three accused [all charges against Aneal Basi being withdrawn], are the beneficiaries of a bargain.  Two admitted guilt to scaled down charges (becoming less than indictable offenses) – and received two years less a day of house arrest and community service - with Dave Basi, additionally, paying a fine of a little over $75,000.00 (the sum of monies he admits to receiving illegally in the BC Rail and Sooke ALR cases).

The “surprise” news of the “astonishing” development (Mainstream Media words) was so surprising that “the club” was fully informed in advance, knew what was coming, and filled the courtroom so they could express “surprise” and “astonishment”.  Journalists rarely there suddenly appeared.  Friends of friends equally rarely present – were suddenly there, dressed for the occasion!  So confident were the real winners that they went so far, obviously, as to inform the RCMP, and the courtroom was host to about eight RCMP in black business suits, there to show their “surprise” and “astonishment” at the news.

YOU didn’t know what was coming.  And I didn’t know.  But the Gary Bass RCMP team was told and arrived in their best suits to be present and “surprised”.

Indeed, controversial (BC Rail Scandal) investigation leader (Inspector?) Kevin Debruyckere was there.  He was brother-in-law to Kelly Reichert, B.C. Liberal Party Executive Director, in 2003-04, and was alleged by Defence to have been communicating with Reichert - himself alleged to have been communicating with Gordon Campbell and Dave Basi … and … and ….

When Vancouver Sun reporter Neal Hall asked Debruyckere about those allegations (none proved), the officer tripped over his consonants, stumbled on his vowels, unleashed a stream of nonsense and looked for all the world as if falling on his face is a normal occupation.

To the surprise of everyone in the courtroom, Associate Chief Justice Anne MacKenzie accepted the adjusted package of charges and the suggested sentence presented by the Prosecution and the Defence without changing a comma. What a surprise! The point was made that she is wholly independent of Prosecution and Defence, of course – but, surprisingly, she saw the wisdom of their actions and fell in quickly with the proposals.  And, indeed, she produced her sentencing and the reasoning for it in a scant twenty minutes or so when the court stood down for her to do so. A remarkable person! No wonder she was raised to Associate Chief Justice shortly after taking over the Basi, Virk, and Basi case. She didn’t even need half a day to formulate her reasons and to compose her sentencing.

Attention of the Mainstream Press and Media was, of course, on the two men who admitted guilt.  Indeed, Mr. William Berardino, QC, Special Prosecutor, praised them for coming forward and voluntarily admitting guilt, seeming to suggest as I understood him, that their openness merited gentle consideration in their sentencing.

The fact that they fought the charges laid in December 2004 until this morning, October 18, 2010, does not seem to have occurred to the Special Prosecutor … or for that matter to the judge on the case.  But six years is not, after all, a long time (as courts measure time).

The ‘costs’ of the accused, we are told, have been paid thus far by you, the taxpayer, and there will be no move to recover the costs – even though the men accept their guilt.  Nor, announced the Attorney General, will there be a public inquiry into the BC Rail Scandal – which scandal, plainly, was only scratched by the aborted trial of the three men.  The circling vultures, we may be sure, will therefore go on feeding on the rotting body of Justice in the province.  And none of them will be exposed by public inquiry….

Some will think that the three men got off astonishingly cheaply.  But perhaps there was good reason to rush them out of the courtroom. Perhaps the rush out the door was not for their sakes at all – but to get many others off cheaply….

Remember that the two Crown witnesses heard so far gave evidence they didn’t mean to give.  That evidence was that the Defence team would rip the Crown witnesses – especially those closely connected to Gordon Campbell – to shreds.  Witness after witness after witness would pile up public ridicule and contempt, each one for himself or herself, and for Gordon Campbell and  his government.

That would be because – as the first two Crown witnesses gave evidence – not many of them would be able to answer simple questions.  They would, mostly, forget, would fumble, would obfuscate, would dodge, would weave, would misunderstand – would, in short, give many, many observers the sense that they were lying outright or so obviously refusing to answer questions that they had something gigantic to hide. Mr. Berardino told the judge this morning that he was sure the trial – if not stopped now – would go on well past the projected March 2011 ending date.

Could that have been code-language for saying the Gordon Campbell government would be stripped of every remaining shred of credibility it possesses? And so the trial must be stopped?

The others, then, getting off cheaply … seem to be many of the witnesses scheduled to be called by the Crown – almost all of them close associates of Gordon Campbell in one way or another.

But they, it appears, are not the only ones.

For the Special Prosecutor was appointed in violation of the legislation covering the process to appoint Special Prosecutors.  And whether or not Mr. Berardino is the best and most honest criminal lawyer in the Commonwealth (he might be so), the violation of process in his appointment makes his every action in the case possess the potential for the perception of bias on his part by observers.  That ‘potential for the perception of bias’ on his part makes (and made) his presence in the courtroom improper and unacceptable, for justice must be done and it must be seen to be done and cannot be so if there is the potential for the perception of bias in the actions of the Special Prosecutor.

As I have said, it was essential – since the three accused men were ‘government’ - that the Attorney General’s ministry appoint someone wholly unconnected to the accused or anyone in, or closely connected to, government.

But Mr. Berardino was appointed by a ministry in which the Attorney General, Geoff Plant, and the Deputy Attorney General, Allan Seckel, were his former long-time partners and colleagues.  And then in the Spring of 2007 when Gordon Campbell (truly astonishingly) inserted himself into the judicial process and erased a functioning protocol for the vetting of cabinet documents sought by Defence, he appointed as sole arbiter Allan Seckel, then Deputy Attorney General, who would consult, said Campbell, with the Special Prosecutor – who just happened to be the former, eleven year long, partner and colleague of that sole arbiter, Allan Seckel.

Those facts – and the primary one that he was appointed in a violation of the legislation governing such appointments – were becoming more and more known – and potentially explosive.  And, so, it may be fair to ask if one of the people who more and more wanted the accused pushed out the door was William Berardino, QC, the “Crown” in the case against Basi, Virk, and Basi?  Is it possible that Mr. Berardino became more and more interested in a “deal” that would benefit the accused, end the trial, and get them out the door?

It may be.  But, if so, he was, perhaps, not alone in the courtroom wanting that development.  For the judge, Associate Chief Justice Anne MacKenzie, was fully informed of Mr. Berardino’s wrongful place in the courtroom.  And she would do nothing whatever to remedy that situation.  And so she was permitting the jury to listen to testimony and to attempt to judge a trial which was, in effect, illegitimate.  She was allowing men accused by a wrongfully appointed Special Prosecutor to sit in the accused box.  She was, I suggest, courting real trouble if the trial went on much longer, for more and more people were becoming aware of the implications of the wrongful appointment.

One of the implications was that the presiding judge could not go on acting as if the wrongful appointment was of no consequence to the legitimacy of the trial.

For the charges against the accused could not be legitimate made by a Crown Prosecutor who was appointed in violation of the legislation covering the process of his appointment.

And so, one may ask, was the judge on the case, Associate Chief Justice Anne MacKenzie anxious to see some kind of deal to get the accused out the door and the trial over … quickly?

The questions about the Special Prosecutor and the presiding judge were so clear and so plain that the NDP should have been asking questions publicly and demanding attention to the irregularity.  But the NDP would not act or recognize the situation in any way.  Now that opportunity for a major breakthrough in the BC Rail Scandal is past, the NDP is asking for a Public Inquiry, which the Attorney General has, of course, brushed aside.

Was there anyone else, could there be anyone else, you might ask, wanting the trial over and the accused out the door?  What about the lawyers for the accused?  They would be expected to want their clients cleared of all accusations and … out the door.  Apparently they judged (rightly or wrongly) that couldn’t happen.  It would seem they judged that their clients would be convicted.  If so, they may have been wrong in their judgement.

But (as has been hinted elsewhere) if the trial dragged on until far past March, and the judgement by the jury was “guilty”, and an uncooperative Attorney General set about getting back the “costs” paid to the Defence lawyers for years of work – then not only the accused but their lawyers would be in an embarrassed financial position.

Did Defence lawyers (and the accused) want the deal made in order to get the accused out of the courtroom?

That opens another question which – in pursuit of answers – must be asked.  Why did the Attorney General agree – though a plea of guilty by the accused has been made – to pay their costs?  That question cannot be avoided.  The statement by the Attorney General that the decision was made by the Special Prosecutor cannot, apparently, be sustained. The wording of the protocol on the matter denies it.

Was it because the Attorney General (that is to say the cabinet of Gordon Campbell) was willing to pay to end the trial, to have the accused “out the door” because, giving testimony later, they might have heaped embarrassment on the Campbell government”?  Was it to prevent many of  the coming-Crown Witnesses from being shredded under cross-examination?  Was it to cut off questions about the wrongful appointment of the Special Prosecutor and refusal of the presiding judge to act in the matter? Did the Attorney General (which is to say the cabinet of Gordon Campbell) have many, many unsavoury reasons to pay the costs of the accused in the BC Rail Scandal criminal trial?

Questions spring up like weeds in the spacious inner courtyard of The Law Courts, under the immense glass roof erected by Arthur Erickson to symbolize the openness and transparency of the search for justice in British Columbia. Among the weeds lies the bloated and rotting body of Justice, the blindfold torn from her face, her scales smashed and in pieces beside her – while the black vultures (all recognizable, all with names we know) circle and circle overhead.

""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
 Rafe Mair writes today:

* a question for the prosecutor in the Basi Virk trial 

* and a letter to The Vancouver Sun.

Prosecutor Bill Berardino says, in the Basi/Virk trial, that he didn’t see the “deal” until the morning it all happened. Here is a direct quote:
Berardino said outside court that he didn't see a copy of the agreed statement of facts, signed by the Crown and defence, until 9:40 a.m. -- 20 minutes before court was scheduled to resume hearing the testimony of a witness. Asked if there was any government pressure to end the trial, which had so far contained embarrassing allegations for the B.C. Liberal Party, Berardino said: "This is my decision. I made it on my own by myself".


Mr Berardino, if you didn't make the decision, then who the Hell did? You were Crown Counsel and in your own words had complete control of the matter. Someone had to make this deal behind closed doors which you signaled about 10 days ago when you announced that you had shortened the list of witnesses.

Was it the Attorney-General or someone in his ministry that did the deal? Was it someone from the Premier’s office? Was it someone else on behalf of the government?

Mr Berardino, this deal didn’t just float down the river on a piece of bark. Are you saying, perhaps, that the angel Gabriel made another trip to earth and gave you this deal?

This is a simple question, sir – you had to approve the deal at the very last minute. Who instructed you to do it?

Will you give your word of honour that from start to finish the government stayed right out of this case and by that I mean did members of the government, such as the Attorney-General or any representative of the government ever talk to you or in any way communicate with you about this case at any time? Did you ever give them a summary of what was happening? To whom did you report?

You, sir, were a special prosecutor, and had complete carriage of the matter (in the clumsy phrase we lawyers use) so that if you didn’t negotiate the deal, and if it wasn't communicated to you until the day of the cop-out, this simple question – who made the deal and who gave you instructions to implement it?

Oh, yes, either the judge agreed with most unseemly haste with this awful cop-out. Was she part of it going back at least as far as your announcement that the witness list would be shortened? What role did she play in the negotiations and if it wasn’t with you involved, who was? Are you asking us to believe that she was surprised when the deal was announced and took no part in a deal that compelled her to assess mild penalties?

This is a public matter with your fee as well as many millions of dollars spent on the case paid for by the taxpayers and they’re entitled to answers to the questions above.

I guarantee that your reply will, like this note, be sent to my entire address book.

Over to you, Mr Berardino, special prosecutor working on behalf of the citizens of BC.

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

Rafe Mair's letter to Fazil Mihlar, editorial page editor - Vancouver Sun.

Dear Mr Mihlar,

Your editorial in the Vancouver Sun, October 19, 2010, was an utter disgrace and you and your paper owe the RCMP an unqualified apology. To blame this tawdry Basi-Virk deal on bad police work is, sir, disgusting.

It’s true that an RCMP statement back at the beginning, "it was a cancer eating away at the social and moral fabric of British Columbia” might have been unwise hyperbole.

One the other hand it could have been true and I suggest to you, Mr Mihlar that we’ll never know because members of the government including the premier did not have to testify.

You say “They (police) may have been sniffing but based on the evidence that came out in court, they found nothing to back their allegations beyond the charges that were ultimately laid.” (my emphasis)

How in hell can you say that when the key witnesses who could have been asked the appropriate questions were all shielded by a cop-out?

Why don’t you ask why the politicians past and present were, in effect, protected, not blame the police because the prosecutor pulled the rug from under them?

We, the journalist deprived public, have been treated by your paper to one weasily defence of the Campbell government after another. You’ve stonewalled the fish farm case giving the industry and their flacks almost carte blanche to use your op-ed page and a shrill sheet.

With the exception of the occasional article by Scott Simpson you haven’t said a word about the sell out and ruination of our rivers and bankrupting BC Hydro in the bargain.

Mr Mihlar, we know one another from your days as a guest on my radio show where you peddled your far right wing views in your capacity as a “Fellow” of the Fraser Institute. Evidenlly those views have been carried onto the Editorial and op-ed of your newspaper.

I have done many editorials critical of the police and my readers know that and can vouch for it. But to criticize the RCMP because Bill Berardino, QC, pulled the rug on the Basi-Virk case before any cabinet ministers before or now, and the premier, were examined and cross examined, is unfair in the extreme and you and the Vancouver Sun ought to withdraw from that disgusting editorial and make a full apology.

Yours very truly,

Rafe Mair
"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

BC Rail trial and the odour of corruption

By Peter Ewart
Opinion250 - October 19, 2010 

Imagine the scenario. 
Someone steals your car from your driveway. A few days later you get it back, but there is a bad smell that just won't go away. You root around under the back seat, and what do you find? A couple of small fish rotting to high heaven. You throw them away and scrub out the interior like crazy. But the smell persists.
Your attention focuses on the trunk of the car. An even worse smell is coming from it. You suspect some very big fish might be tucked away inside. But you can't open up the trunk. The government authorities who returned your car have the key, and won't give it back. You wind down the car windows. Wrap a scarf around your face. Hang deodorizers from the rear view mirror. Nothing works. The stench remains.
 And so it is with the BC Rail trial.  This Fall, some explosive issues were looming. A number of "big fish" witnesses in the trial - including cabinet ministers and perhaps even the Premier himself - were scheduled to testify and be cross-examined by a razor sharp defence team. In addition, the trial appeared to be moving beyond David Basi's and Bobby Virk's dealings with Omnitrax, and towards further exploring the Campbell government's murky dealings with CN, the eventual successful bidder for BC Rail.  
Who knows what nooks and crannies would be peered into or which trunks were to be unlatched? Testifying under oath can have a sobering effect on witnesses, especially since perjury can mean major jail time. Indeed, things were about to get even more interesting. 
But that is not what transpired. The trial was cut short. Yesterday, we learned that the "small fry", i.e. Basi and Virk, were taking a plea agreement under which they will serve two years of "house arrest" in exchange for pleading guilty to breach of trust. Their legal bills, which are extensive, will be paid for by the government, and they will apparently enjoy considerable leeway and freedom under the house arrest agreement. 
This “deal" stinks. When government officials engage in corruption, penalties must be severe if public trust is to be maintained in both the justice system and government. 
 As a blogger on one of the news sites put it, if you are convicted for drug dealing, you can have your house and car confiscated. If you get caught for speeding, you can have your car seized and impounded. But, if you are a government official convicted for corruption in a $1 billion sale of a publicly owned railway, what do you get? Just two years of "house arrest". As a jailbird might say, "I can do that time standing on my head".  
Clearly, the prosecution needs to answer some questions about agreeing to this plea. Was it because, as some are suggesting, that the trial was getting into "sensitive areas" that could embarrass the government or implicate other officials including elected ones? At this point, we don’t know. 
In any case, such a sentence is sending a message out that, if you are a government or public official, don't worry if you get caught with your hand in the "cookie jar". After all, what's a bit of "house arrest" when you calculate what the potential gains might be? The prospect is tantalizing given all of the business the provincial government conducts each year. 
And then there is the issue of the trunk. Whatever is in there will continue to rot and stink, fouling the air from top to bottom, from Vancouver to Fort Nelson.  
It needs to be opened up. To clear the air once and for all, we need a public inquiry into the entire sale of BC Rail.  
The worst thing about unchecked government corruption is that people have no choice but to get used to the smell. We must not let this happen to our beautiful province.
Peter Ewart is a writer, columnist and community activist based in Prince George, British Columbia. He can be reached at: peter.ewart@shaw.ca
"""""""""""""""""""""""""""""""""""""""""""""
As for the "accredited" others, I'll only  cite Bruce Hutchison writing in National Post specifically because his column dated Oct. 18, 2010  titled "Too quick, too easy end for BC Rail trial" contains this honest remark:

... For their defence strategy, reliant on rumours, innuendo, and one or two malleable members of the press whom they used to promote an agenda of obfuscation outside the courts ... 


http://fullcomment.nationalpost.com/2010/10/18/too-quick-too-easy-end-to-bc-rail-trial/


"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""


Comments:
Mary, now that the trial is over, would you take on the role of exposing other government corruption and the horrifying waste of tax dollars that goes on every day in every ministry and crown corporation? We need you. I know there's still many answers to be given on BC Rail, but you seem to be one of the only people in the province willing to expose the truth. We need you.
 
Anon 6:44,

Thank you very much for such a generous endorsement,

but,

as I have always said: the BC Rail betrayal is the key to all the other major betrayals in the Campbell era. BC Rail was the first to suffer, but BC Hydro soon followed (different method used) and priceless other public assets after that.

We dare not walk away from BC Rail yet ... not when the whole rotten picture is coming into focus!

Everything the Campbell Gang has done -- and keeps doing -- reflects the rot, right out in the open for all to see.

I know what you mean about the wider tragedy ongoing in B.C., but there's power in the righteous anger felt (especially since Oct. 18) by so many people.

We need, most of all, for people to keep trying. I'll certainly keep trying. Because in a democracy, it's never over until the citizens say it's over ...
.
 
Should British Columbians Have A Public Inquiry In Relation To The Sale Of B.C. Rail?
Simple Poll Here
http://bcrailpoll.wordpress.com/
 
A disgusting farce. Now lets get Basi to head up the NDP...

Keep going strong Mary, we all value your insight.
 
A disgusting farce. Now lets get Basi to head up the NDP...

Keep going strong Mary, we all value your insight.
 
This is the saddest day in BC history, where organized crime has won!

This is on par of the criminal Adolph Hitler, legally becoming leader in 1933 Germany. The NAZI party was funded by organized crime.

The public have done nothing, as the mainstream media report only banalities, not the daily assaults that were forced on former NDP leader, Glen Clark. The MSN have lulled the public in pseudo politic, where the real cut and thrust of party politics have been given the Goebbels Gambit, with lies repeated so often that the public believe the lies are truth.

We live in a new dark age, made more sinister, by the dark arts of the Public Affairs Bureau and their spouses in the MSM. There is no morals left in BC, there is no honour, Parliament, the courts and the police are entirely and throughly corrupt.

Herr Goebbels, who refined the art of radio propaganda also smiles his approval of Brand-X radio and the three lick-spittles who pretend to be hosts.

In an age of universal deceit, telling the truth is a revolutionary act.

Adolph Hitler is smiling in his approval
 
Beautifully written indictment of justice. Bravo! The "Accredited" media are in unison this morning, about how the trial was about these small, evil brown men. Justice is done, no need to spend all that money on a public inquiry...spin, spin, spin...I will link your piece, thanks again for all you do.
 
Kim,

Thanks!

I thought Vancouver Sun's editorial was hilarious!

They say there's no taint on the BCR-CN deal ... don't worry, be happy!!!

Peter Ewart did a column about rotting fish locked in one's car trunk ... it's at OPINION 250 right now.

I say: Don't worry, it ain't over until the people say it's over.
.
.
 
"Could that have been code-language for saying the Gordon Campbell government would be stripped of every remaining shred of credibility it possesses?"

Just what shred would that be that is "remaining?" The Campbell Crime Family hasn't the slightest thread of credibility, honour or right to even walk the street with innocent people.

BCR Piglet is hopefully joking with:

"A disgusting farce. Now lets get Basi to head up the NDP..."

David Basi is scum with no regard for any shred of ethics, honesty or accountability. If I were his child I would repulsed by his hug as he returned home from his successful mission to subvert justice in British Columbia. There was always another way for Mr. Scum to have resolved the case YEARS ago, by coming clean and throwing themselves on the mercy of the court - if it was a real court acting in the interest of the public. I would spit on either Basi or Virk if I was ever within range!

Of course if Mr. Basi has managed to transmit his lack of morals to his children they may not be repulsed but feel they are merely getting a lesson in how the world of organized crime really works and runs our province.

As to:

"Why did the Attorney General agree – though a plea of guilty by the accused has been made – to pay their costs?

Unfortunately the AG (nor his boss Capo Campbell) haven't agreed "to pay their costs," they've agreed to let US pay their costs, and I for one DO NOT AGREE! They have the nerve to attempt to coerce people to pay their student loans yet six million to basically buy silence is AOK with the Campbell Crime Family!

This stinks and it ain't over!
 
IF...the NDP were to form the next government - does anyone seriously believe they will hold a fair, open and honest public inquiry into this theft?

I'm going to go out on a limb and say "no, not a chance in hell,"...if she's still there, CJ will say with her most serious expression: "it is time for us to look forward to rebuilding British Columbia, to heal those damaged by the previous government's actions...a public inquiry would only open more wounds."

The vow of a full inquiry would likely see the liberals reduced to 2, dippers 77...but I'd be willing to bet that one more time, they'll snatch defeat from the jaws of victory. Mind, she could pull a Gordo in this one too...promise and not deliver. Especially with Moe behind the curtain.

So...we have to keep going, we can't let them rest or hide - and that includes the Justices that were involved in this case, as well as the RCMP. No more room for hiding...I'm tired of their complete and utter disrespect. Not only of the law itself - but every person alive in this province today. Time to turn on a brighter, hotter light.
 
A big hug for Leah,

you're so absolutely correct: we can't let "them" rest or hide.
.
 
Gordon Campbell and his bunch of hoodlums knew all along what the result of this trail would be. They just couldn't afford examination of other Liberals which may have uncovered links to corporate backers.Backers who have their hooks into other public assets they would like to wrest away. And on top of all that they want the people to pay for this seven year farce of a trial.

They are like a plague, a bunch of vermin in need of eradication.
Liberal justice they play we pay.

Thanks Mary
The Best to you Robin JW
 
Leah...You need to calm down...The NDP are making the BC Rail public inquiry as part of their election platform...

Krog was on Bill Good this morning(8:30 to 8:45 am..Then Bill Tieleman was on)..

Krog was very good and passionate, calling for an inquiry and making excellent arguments...

Despite Bill Good playing the stooge and arguing against the inquiry....

Krog and Bill T were very clear today....

The BC Liberal spent millions of dollars to keep the fast ferries on display on the North shore to embarrass the NDP..Fast ferries were an integral part of the last 3 BC Liberal election platforms...

The NDP are prepared to do the same....

Sheesh, a political no brainer....

The BC Rail public inquiry is a given!

Cheers

P.S......Great stuff Mr. Mathews,you are well read!
 
Hansard

Oral Questions

B.C. RAIL PRIVATIZATION PROCESS

"J. MacPhail: I'm sure the Minister of Finance can stand up and answer if he wishes. He's up to his eyeballs in this too."

Source:http://www.leg.bc.ca/hansard/37th5th/h40427p.htm#10529

==================================

"J. MacPhail: Well, it's this minister that made the decision to book an indemnity of $255 million. What's the status of that?

Hon. G. Collins: The same status it had yesterday when we talked about it. It's in the books."

Source:http://www.leg.bc.ca/hansard/37th5th/h40303p.htm#9041

=================================

These two long weeks of negotiations, between the Crown and Defense lawyers, do you think it involved pouring over Hansard to ensure that there were no fibs being created from past statements in the Legislature?

I find it interesting to go back and look at what was said then, to what was stated yesterday in Court Room #54 in their plea deal.

More on this later from Hansard 2003/2004
 
Erik BORNMANN. Key Crown witness, ex-lobbyist. Bormann is a former provincial lobbyist and one-time aide to former Liberal prime minister Paul Martin when he was finance minister, and is now the star witness against David Basi, Bob Virk and Aneal Basi.

Does this person still have a deal with the Crown? If not let's get on with the next round of preceedings?
 
According to the Ugliest person in British Columbia the RCMP are going to ask for ALL the evidence that has been amassed for the BC Rail Corruption Trial/Fixed Game to be destroyed as early as tomorrow.

This is completely unacceptable, Gordo has destroyed enough evidence already!
 
.
Grant,

I'm going to read your comment 100 times,

and I may even stop bashing the do-nothing Krog.

Onward with whoever-the-bejapers will kick open a few doors and let the sun shine in on

BC Rail.

Thanks, Grant.
.
 
.
Koot ... what?? wha-a-a-ttt?

Can this be true?

Wth authorized this?

Jeeeeeeez.
.
 
NO NO NO ! THE FILES AND EVIDENCE OF THIS CASE MUST NOT BE GATHERED AND DESTROYED !!! HOW CAN THIS BE PREVENTED? IS THIS ALLOWED? ALL THOSE GOV'T disposed E-MAILS FIASCO...DON'T LET's LET IT HAPPEN AGAIN.
But as Prof. Robin Mathews has so eloquently described our Lady Justice is lying broken on the ground with vultures circled their prey.
 
Vaughn pamlmer chat line over at the Vancouver Sun.

I left this comment:

#
good question. I would assume yes, once the appeal process is exhausted. but that may be part of the terms of the plea bargain as well.
by vpalmer at 11:24 AM
#
Will all of the evidence held by the courts now be destroyed?
by you at 11:23 AM
===================================
I didn't see anything in the plea bargain, does this mean that the the public is being kept in the dark once again by the BC liberals?



http://www.vancouversun.com/news/live-chat/basi-virk-trial.html
 
appeal process???????????

Who's going to launch an appeal..

not the Crown, not the Defendants...

BC NDP?????
 
Rafe sez:

"Over to you, Mr Berardino, special prosecutor working on behalf of the citizens of BC."

I don't believe that for ONE SECOND and I can't believe you do either, Rafe! What a joke.........unfortunately it is on us and in very poor taste!
 
Ian has made an FOI request.

http://therealstory.ca/2010-10-19/bc-politics/bc-rail-foi-request

Fingers crossed that something comes of it.

Too bad the MSM can't be arsed to do the same.

GAB
 
Koot...one almost has to wonder if the signing of a 20 year RCMP contract worth Billions, might hinge on the destruction of ALL evidence in this case? Nothing, but nothing, would surprise me about this government, the judiciary, and the RCMP. After all, they've proven how corrupt they truly are to me. Wellllll....maybe one thing would surprise me; that would be to find just ONE of them with enough integrity to stand up and say.."this has gone too far on my watch" and do the RIGHT and HONORABLE thing. Tell the Truth.

Yes! I do indeed believe in the Tooth Fairy!
 
Grant, if they're talking public inquiry if they take office, and really mean it...they had better stand up and start defending the keeping of ALL the evidence...or it's history...as early as tomorrow.
 
(5) the appointment by the Assistant Deputy Attorney General (ADAG) of a special prosecutor from a list of criminal lawyers in private practice compiled by the Deputy Attorney General (DAG), ADAG and the President of the Law Society “where there is a significant potential for a perceived or real improper influence in prosecutorial decision making in a given case” and, if charges are approved, the special prosecutor conducts the prosecution and, if charges are not approved and the case is in the public domain, the special prosecutor publicly explains the reasons for not proceeding; and, (6) if the AG, DAG or ADAG gives a direction to a prosecutor, such direction must be in writing and published in the Gazette.

We must watch the Gazette
 
Where did you get that Koot? Can You confirm?
 
Let`s just say I have the inside track Leah...

But what question I want asked and answered is...

Did the defendents plead guilty in the dark? What I mean is, did the defendents plead guilty not knowing if the legals fee would be paid?

Or did the prosecution say to the defendents...

(If you plead guilty we will waive the $millions in legal fees, if you continue with this trial and you are found guilty we will take everything from you and garnish future income from you forever, do you feel LUCKY)

That question must be asked and answered.

Cheers
 
Where is that evidence? I would suggest a very public protest be organized to call attention to the quick move to destroy it. Where is CSIS? Where is help? Anyone? I just want to cry.

MACRIM
 
I am literally in tears Mary! This is a farce. Campbell and his gang got to Basi and Virk and the result is we the people are deprived of the right to know the truth!!

What a sad day for justice.

We need a public inquiry where Basi and Virk are given complete absolute free reign to testify. We also need the power to subpoena witnesses to testify with no weasel words allowing them to back out.
 
Regarding Grant's question - let's get real here, these guys knew all along they would be "taken care" of as long as they kept their mouths shut about what really happened to BC Rail. Isn't it absurd, we taxpayers are on the hook for 20-30 million to Berardino's law firm, the defence team - not to mention the investigation and court costs - all over a trip to a football game and less than $100,000. Or normal perks and pocket change to the current crew running the shell of BC Rail with their bloated salaries and boxes at GM (now Rogers) Place.

Doesn't anybody wonder how these guys have managed to live in nice houses, raise their families etc. etc. for the last seven years. I don't even think it was from the earnings of Dave's cousin Jas Bains the former Cocaine King of Vancouver Island, since he is currently a ward of the state, and not under "house arrest." Basi even had another house besides the one he lived in, because it was busted as a grow op, but that was blamed on the tenant. And they say that crime doesn't pay!

Wait and see, now Eric Bornmannnnnnnnn will probably be allowed to join the bar, perhaps a criminal background is helpful to join the brotherhood of lawyers and fixers!
 
So much to read these days!!!

So Dave Basi pled quilty to the ALR charges, and He is going to pay back that 50 Grand, Was MacKenzie the Judge that was going to Hear that case also? Is Young and Duncan going to accept a plea bargain? Well of course they will Precedent has now been set in BC.
BLACK-SHEEP COMMENTARIES
by
Wallace G. Craig
Former Judge and Author of
Short Pants to Striped Trousers
The life and times of a Judge in Skid Road Vancouver

April 19, 2006 - North Shore News - Vancouver, British Columbia
For more information visit www.realjustice.ca


PLEA BARGAINS IGNORE VICTIMS

The Law Becomes a Too-familiar Scarecrow
"It is not surprising that Toronto and Greater Vancouver may be vying for the title of plea-bargaining capital of Canada.

In March 2001, after two reporters spent four months scrutinizing cases at Toronto’s Old City Hall courthouse, the Toronto Star published Closed Doors: Justice by Plea Bargain.

A few excerpts will suffice:

“Behind closed doors, lawyers haggle over where in the punishment range the sentence will fall. When they agree, a tidy package is then presented to a judge who almost always rubber-stamps the deal. …

“Prosecutors have become de facto judges. Defense lawyers, knowing they enjoy a buyers market in most cases, have an edge. …

“Plea bargains generally take two forms: open submissions and joint submissions. In an open submission, the lawyers agree on the facts but go before a judge and ask for different punishments. In a joint submission, they agree on the facts and the punishment.

“Lawyers and judges told the Star that most plea deals are joint submissions. In the Star study, nearly 90 per cent of plea bargains were joint submissions."

And get this quote from Wally Oppal from this same article.

. . .On April 9, on CKNW, Attorney General Wally Oppal characterized plea bargaining in a way that makes me wonder if he knows the endemic extent to which bureaucratic sentencing has insinuated itself into criminal justice. Responding to a caller Oppal said “I can tell you that plea bargaining is only done when the crown is unable to prove the original charge – and at that stage they do a plea bargain.” Oppal makes me think of generals who speak of battles they have never engaged in.

A victim who says “I thought this would never happen to me” speaks for the entire community. He or she is our luckless surrogate and we must always remind ourselves: there but for the grace of God go I – and “I” includes prosecutors and judges.
 
So much to read these days!!!

So Dave Basi pled quilty to the ALR charges, and He is going to pay back that 50 Grand, Was MacKenzie the Judge that was going to Hear that case also? Is Young and Duncan going to accept a plea bargain? Well of course they will Precedent has now been set in BC.
BLACK-SHEEP COMMENTARIES
by
Wallace G. Craig
Former Judge and Author of
Short Pants to Striped Trousers
The life and times of a Judge in Skid Road Vancouver

April 19, 2006 - North Shore News - Vancouver, British Columbia
For more information visit www.realjustice.ca


PLEA BARGAINS IGNORE VICTIMS

The Law Becomes a Too-familiar Scarecrow
"It is not surprising that Toronto and Greater Vancouver may be vying for the title of plea-bargaining capital of Canada.

In March 2001, after two reporters spent four months scrutinizing cases at Toronto’s Old City Hall courthouse, the Toronto Star published Closed Doors: Justice by Plea Bargain.

A few excerpts will suffice:

“Behind closed doors, lawyers haggle over where in the punishment range the sentence will fall. When they agree, a tidy package is then presented to a judge who almost always rubber-stamps the deal. …

“Prosecutors have become de facto judges. Defense lawyers, knowing they enjoy a buyers market in most cases, have an edge. …

“Plea bargains generally take two forms: open submissions and joint submissions. In an open submission, the lawyers agree on the facts but go before a judge and ask for different punishments. In a joint submission, they agree on the facts and the punishment.

“Lawyers and judges told the Star that most plea deals are joint submissions. In the Star study, nearly 90 per cent of plea bargains were joint submissions."

And get this quote from Wally Oppal from this same article.

. . .On April 9, on CKNW, Attorney General Wally Oppal characterized plea bargaining in a way that makes me wonder if he knows the endemic extent to which bureaucratic sentencing has insinuated itself into criminal justice. Responding to a caller Oppal said “I can tell you that plea bargaining is only done when the crown is unable to prove the original charge – and at that stage they do a plea bargain.” Oppal makes me think of generals who speak of battles they have never engaged in.
 
Cont from lst post, which I meant to post this first
The Black-Sheep Commentaries" - An ongoing commentary on Canada's Criminal Justice System written by former judge Wallace Gilby Craig.
He wrote in 2006
"Plea bargaining is unacceptable expediency in the sentencing of criminals. It abnegates the constitutional obligation of our government’s prosecutors and our judges to compel observance of the criminal law. Judges must have some inkling that the practice brings the administration of justice into disrepute.

It is the adversarial cut and thrust of counsel that renders true justice in a criminal trial and sentencing. No longer civilized adversaries fighting it out before an impartial judge – 21st-century Crown and defence counsel have mutated into unrestrained out-of-court negotiators. Justice is denied when criminal charges are subjected to processes taken from civil litigation.

Canadians expect that persons accused of crime will receive justice in a fair trial, in public, before an impartial judge. If the person pleads guilty or is found guilty, a completely separate proceeding begins – sentencing – in which the victim and the community as a whole have a vital interest.
 
Robin writes:

"That opens another question which – in pursuit of answers – must be asked. Why did the Attorney General agree – though a plea of guilty by the accused has been made – to pay their costs? That question cannot be avoided. The statement by the Attorney General that the decision was made by the Special Prosecutor cannot, apparently, be sustained. The wording of the protocol on the matter denies it."

Ian, too, on his blog is asking some crucial questions around this issue - that the SP did not have the legal authority to make that call on indemnity. We need to keep the pressure on as this could negate the legitimacy of this abrupt and highly 'convenient' deal.

These questions combined with what NVGrumps has posted from hansard in the comments here about the multi-multi-million dollar indemnity involved in the BC Rail deal with CN ( the millions ever-increasing as Ross K reveals on his blog). Well, considering all this - there is a case being made - we need to keep the pressure on.....
 
My utmost respect for your diligent, razor sharp and precision observations, BC Mary. You out of all the so-called 'main stream' media are the only one to not lose sight of the prize. Keep on them. There is still a lot to be exposed.
 
Whats to stop this govt from stopping all elections ignoring recall votes or bi-elections they dont recall the house anymore except as a small courtesy to the general public and the rest is done behind closed doors on a friday afternoon .
after the trial ruling they can do whatever they want with impunity drunks drug dealers and money launderers run our province
bribes payoff's are the fashion of the day
Campbell wont go untill he's sold off bc hydro so I Dont think Campbell will resign on his air time he's bought why should he? the courts as we now know will do nothing the rcmp even less.. this bunch scares the hell out of me
 
If the province(us)is paying the legal fees for Basi and Virk does that not constitute some kind of financial benefit that they have recieved? Would they not then owe taxes on this benefit?
 
Gary Mason, this morning :

"Attorney-General Mike de Jong confirmed Monday that he gave final approval to the controversial arrangement with Dave Basi and Bob Virk.

What wasn’t revealed in his conversation with reporters was the fact the two men, who pleaded guilty to leaking secret government information in exchange for cash and other financial benefits, had to sign a non-disclosure agreement to get the $6-million reprieve."

So as taxpayers, we're now paying Basi and Virk not to talk to us.
 
Basi quoted on CBC Radio this morning (Oct 20) "I have a clear conscience. I sleep well at night."

CBC Radio Victoria has long since given up any pretense of being a credible news media source.

Clark Roberts is on their weekly Political Panel. For those who don't know, Clark Roberts is a also Colin Hansen's lawyer, and Clark Roberts' legal fees are being paid by the taxpayers too. They have been for 7 long years.

Yesterday morning CBC Radio Victoria "interviewed" their two political beat reporters about The Story.

Literally, the second sentence uttered by these patsies was "I asked de Jong what the political impact would be for the Liberals." Geez, yah, let's just focus on the political impact buddy, forget the criminal acts, the monstrous defrauding of the BC public for a generation to come, the stench arising from the Bench, ...

Anyone wonder why both de Jong and Campbell only gave TELE-conferences with the media? My guess, is that they had to hide in a room with a bunch of flaks ensuring they said the right thing at these "live" conferences. At the next media "conference" we'll get an avatar in their place! Some accountability when they don't even show their face. The syncophantic media haven't even figured out that they are being distanced even further. Eunuchs.

Yup, the media is at it again (our "own" CBC at that) just busily working to say "move along folks" nothing here to worry your pretty little head about.

A wise elderly woman I spoke with the other day told me that BC and Canada need to take a page from France where hundreds of thousands have taken to the streets, gone on a general strike, with at least 70% of the public in full support of this. All because their retirement age is going from 60 to 62. Now there's a dedicated citizenry, not like our fat, lazy, stupid populace.

Sorry, but collectively, that's us, and that's exactly why the Gordo Gang of thieves can do as they please. Oh, and the fact Gordo's Gang of Thieves have ensured that BC has become a police state where we all fear police, instead of looking to them to "keep the peace."

BC, the most frightening place on earth. The lawless apocalypse portrayed in Mad Max is fully engaged in BC, it's just that the full impact hasn't yet hit. But it will soon. Run or fight back.
 
if an hst intiative can be done why not another one calling for an inquiry into the BC Rail trial. an inquiry where justice can't be circumvented by a government paying defendants to keep their mouths shut, to say they are guilty, when probably not so.

Where are the political masters being called on the stand to defend themselves as to why they sold of bc rail when they promised not to?

Are they, the insiders in gordon campbell's government lapdogs, to the BC liberal government, doing anything to ensure their ratings don't go any further down?

Will we suddenly see a spike in political contributions from the likes of bc rail trial Witnesses who businesses it is to bankroll the government?

Recall? yes, but more importantly an initiative for an inquiry into the shenanigans, not only of justice being done, but of the msm who failed to do their jobs. Bruce Hutchinson of the National Post called out that there were TWO who wrote that made the BC Liberals looks squeaky clean in light of everything that went down in the bc rail trial, and was on edge of what was to be said by Gary Collins.

iniative.
 
If you look at the actual "crime" committed and charged, the settlement and punishment was in line with similar offences.

The problem is that this became much more than a simple criminal proceeding against two mid level Government employees. People expected an indictment of the Liberal party and expose on corruption within the political system (only as it impacted Liberals however!).

The job of any prosecutor is to try the facts at hand and settle the case in the best interests of public safety.

I feel sorry for the people who spent 7 years of their life expecting more. Had you listened to us in the beginning you would have already known the outcome.
 
Reading the conditions of their house arrest, I cant copy and paste from pdf, They can attend their Lawyers to dispose of Disclosure materials from within this proceeding.
I suspect that was also a condition!!!!!!!!!
I also read by one of the accredited Journalist that they had to be in their home between 11pm and 6pm, that is not true. You can read their conditions at the below link. First 10 hours of Community work has to be done by end of Nov. I wonder if the time they use at the Lawyers disposing of the evidence will be considered, hmmmmmm.

http://www.cbc.ca/bc/news/bc-101019-Virk-conditions.pdf
 
.
Oh clever Anonymous 7:39, thanks for the laugh. I needed that.

It's not as if we didn't "know" the possible outcome, right from Day #1 ... that the trial would be ended one way or another, on a handful of ready excuses. We just didn't know when it would happen and,

true to his nature, the tainted premier clings to power as long as possible before saying "OK, shut 'er down!"

After 7 years, we have a fair idea of how the law works and why it often doesn't work well for the public.

But do keep adding your insights. I think you're beginning to catch on, too.
.
 
I read somewhere in the msm (lower case intended) that Dave Basi had to take his daughter to skating lessons today..... is that covered by the plea bargain EM, or will Dave be subject to a further 18 months because of the violation?
 
SHOULD WE CALL THE POLICE IF WE SEE BASI AT THE ARENA? IS HE ALLOWED TO TAKE HIS KIDS TOSKATING LESSONS?

IS THAT PART OF HIS HOUSE ARREST DEAL?
 
Post a Comment

Links to this post:

Create a Link



<< Home