Tuesday, March 15, 2011

 

BC Rail ... Basi-Virk evidence ordered destroyed

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Inquiry would make material available

By BILL TIELEMAN, QMI AGENCY COLUMNIST


March 5, 2011
   

More than one million pages of Crown evidence disclosed to defence lawyers for convicted former B.C. government ministerial aides David Basi and Bob Virk has been ordered returned to police for destruction.

Basi and Virk attempted to retain evidence related to their giving confidential government documents to lobbyists before the $1 billion sale of B.C. Rail in 2003.

But Associate Chief Justice Anne MacKenzie ruled Tuesday that RCMP files, B.C. Liberal MLA emails, cabinet and other information must be returned by defence lawyers for destruction.

Basi’s lawyer Michael Bolton said in an interview with QMI Agency that the public will likely never now see the evidence in a political corruption case that exploded with an unprecedented raid on the B.C. Legislature in December 2003.


{Snip} ...

Read more Source: http://vancouver.24hrs.ca/News/local/2011/03/15/17632546.html

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BC Mary comment: Thanks to "Canadian Canary" for spotting (smelling?) this piece of garbage and sending it to TLR in case there are any believers left in B.C. who read and believe the "accredited" (by themselves, accredited) journalists still employed on the West Coast. Sheesh. 

Gas masks ON, troops!


Canadian Canary has left a new comment on your post "BC Rail: seize and destroy all Basi-Virk documents...":


Everyone interested in court corruption in BC should read this self-serving guest editorial that appeared in Victoria's Times-Apologist newspaper today:

B.C.'s JUSTICE SYSTEM AMONG THE WORLD'S BEST


Despite some trial delays, process is fair to both lawyers and clients

BY MICHAEL T. MULLIGAN,
Mulligan Tam Pearson Law Corp.
Times Colonist - March 16, 2011

The editorial entitled "Getting our day in court" suggested that inadequate access to justice in British Columbia is the product of some combination of inefficiency, stalling tactics by lawyers, frivolous litigation and billing practices in civil litigation cases involving contingency fee agreements (March 10).

The editorial suggested there were simple remedies to these perceived problems, and that the legal profession should fix these perceived failings without the necessity of the government properly funding the legal aid system.

First, it should be noted that far from being some sort of abject failure, British Columbia's justice system, both civil and criminal, is among the best in the world.

In the civil context, for example, if you compare our model with most U.S. states, we have vastly fewer cases that wind up going to trial. This is, in part, because we have a cost structure that discourages frivolous litigation."

... ad nauseum



Source is HERE:

http://www.timescolonist.com/opinion/Comment+justice+system+among+world+best/4447491/story.html?cid=megadrop_story

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Why does honesty matter? Spectre1 explains ... 


This CNN report may explain why much of the official Japanese government response to the reactor incident has been secretive and vague.
Also reports indicate that the company put its emergency generators, designed to keep the reactor cool underground and below sea level.
No wonder the emergency safety system failed . . . the tsunami drowned it within minutes.


The company running the plant, with ties to the government ($$$), really screwed up here (likely in order to save money) and now all of them don't want it to get out (all that's missing from this is Gordon Campbell, Christy Clark and the CTV Vancouver news bureau).


http://www.cnn.com/2011/WORLD/asiapcf/03/15/japan.nuclear/index.html?hpt=C2

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Comments:
I have been watching for this decision since I was in Court on February 16th, I still havent found it after searching Today on the SC Judgement Website.
 
Me, too, E.M.

There was nothing about it on the "Completed" section either.

It's time for drastic action, like WikiLeaks, if you ask me.
.
 
http://www.provincialcourt.bc.ca/judicialadministration/contacttheofficeofthechiefjudge.html
 
Anonymous 11:05,

Why are you telling us what CANNOT be done?

I don't understand this.
 
T-C: This is, in part, because we have a cost structure that discourages frivolous litigation.

In other words, justice is only for the rich. And "frivolous" obviously includes the right to sue the Crown or the court for misconduct.
 
thank god and julian the rail case evidence has been conveyed to wikileaks before its destruction by the RCMP.

since when did the RCMP see their role as protecting crooks from exposure and subsequent prosecution?

at least we may someday know what happened even if the mass of digitized and encrypted documents may no longer meet the standards of evidence.

is there any better evidence that we need wikileaks. congratulations to all of those who made the survival of this information possible.
 
OK folks, let's just keep outing the sneaky "meanstream media" bastards. Here's another nugget from a brother blogger:

Norm Farrell says:
March 16, 2011 at 2:24 PM

BTW, one other family conflict probably little know is that Andrew Leyne, the son of Times Colonist writer Les Leyne, is employed as a legislative assistant by the BC Liberal caucus.

Not that I suggest the son’s position influences the father’s views. We can not know that. However, given Les Leyne’s obvious support of BC Liberals, the situation creates an appearance of conflict. The relationship should be openly declared.

...


http://alexgtsakumis.com/2011/03/16/tsakumis-censored-by-cknws-carly-nicol-appearance-for-march-16th-2011-cancelled/
 
BC's judicial system, the best in the world? What in the hell are they smoking? BC's judicial system is the, butt end of every joke, in the entire country. So godammed corrupt, it's enough to make you barf.

If anyone is thinking of fighting this outrageous lack of justice, I would be happy to contribute some money. Campbell is, an out and out criminal, he belongs in prison. And, so does every corrupt s.o.b. involved in this crime. If someone sets up a fund, I'm sure many people would support it.
 
What's really odd about the ruling is claims from both Crown and RCMP that the documents will not be destroyed. Why, then, is the ruling worded such that they WILL BE.

More lies, more excuses, more obfuscation, more willful EVIL. "No we don't do X" followed by "We're doing to do X" once people are looking the other way.

Too much power is enjoyed by this msteriously-appointed Associate Chief Justice. Hell, we can't even get her resume. Same as we can't get Campbell's Deputy Chief of Staff/Exeuctive Assistant's resume - or an explanation why she got TWO (count 'em, TWO) salaries. Top salaries no less. One of the most powerful people in the outgoing regime; and we can't find out anything about her background other than one not-very-relevant quasi-business degree from UWO.

And what we DO know the MSM won't publish; just like they won't post about Mackenzie's order to destroy the documents. Or about anything, really.....
 
Anonymous 1:43 - the material has NOT been, to our knowledge, given to WikiLeaks. IT SHOULD BE But the person who has been making the leaks, as apparently provided by someone connected to the defence team, is not acting from the public interest, but for his own self-interest and self-promotion. I don't think he has all the documents, though he certainly has more - word is he's being receiving threats from the court and the RCMP as to what will happen to him if he continues to post the rest of what he has.

If he were the real hero he touts himself to be, he'd dump it all on WikiLeaks and go somewhere there's no extradition so he can't be jailed for contempt of court.

It would be refreshing to hear that he HAS dumped everything with WikiLeaks, or that someone who has access to them has. But so far it hasn't happened.
 
The Decision of March 15th of Chief Justice MacKenzies Posted Wednesday, March 16, 2011:ONE MONTH FROM COURT DATE

Reading the decision Today(link below) [45] As a result, I am satisfied that because the proceeding is over for which the disclosure was provided, the respondents are not entitled to make any further use of the material that remains subject to the undertaking. I note that, as counsel for the Crown emphasized, in the event that Aneal Basi faces additional charges, he will at that stage be entitled to a fresh disclosure package.
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Interesting It was Anneals Lawyer who I felt @ Court that Day fought the hardest for the retention of the documents,I understood the reasons for this was the Public Enquiry and the possibility of a Civil Suit, presumably for wrongful dismissal, since his charges were stayed.(note above ADDITIONAL CHARGES) I still do not understand how that was possible when the evidence clearly showed He was laundering money from Bornman to David Basi.
The discussion in Court re Anneal was if all documents were returned and another case persued, it would be very difficult considering the massive materials to even know what material would be necessary to make full answer/defense, what to request, what material would assist,trying to remember what documents were available,after the passage of time even having to go through all the procedures to get access to the information.

63)[67] The Crown submits that in this case, due to the volume of documents, the nature of the issues, and the number of implicated third-party interests, the best way to protect the undertaking is through an order for the return of the documents.

[68] The Crown says that an order to this effect is necessary because the respondents have not agreed to return the material and, indeed, have clearly stated their intention to use it for purposes unrelated to this proceeding.

73-
Although I would not hold that the protection of the implied undertaking requires an order for the return of materials in all cases, I am satisfied such an order is necessary in the circumstances of this particular case.
NOTE (79)
each of the following investigations:

i. R.C.M.P. Vancouver Island Drug District Section;

ii. Anti-corruption;

iii. Breach of Trust;

iv. Agricultural Land Reserve;

v. Proceeds of Crime; and

vi. B.C. Liberal Contracts;

b. All Electronic Disclosure and all hardcopies of materials produced from the Electronic Disclosure or otherwise from the anti-corruption investigation and called “Project ERI”; and
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Anyone know that anti corruption case was called Project ERI ?

79- That counsel for each of the Respondents shall satisfy themselves that all Stinchcombe Disclosure and Application Materials have been returned to them by each of their respective clients and anyone else who has been in possession of Stinchcombe Disclosure or Application Materials and shall confirm same in writing to the Office of the Special Prosecutor within 30 days of this Order.
I HOPE THIS GETS APPEALED and J. Bennet gets the case ha ha
http://www.courts.gov.bc.ca/jdb-txt/SC/11/03/2011BCSC0314.htm

One other comment from the Judge
75)
In the case of Aneal Basi and Virk, I note they have clearly stated their intentions to use the material for purposes collateral to making full answer and defence in this proceeding.
I say Hopefully to write a book!!!
 
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