Friday, November 11, 2011

 

Is it a bird? Is it a man? No, it's Superman (the vanishing Aneal Basi)

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When all else fails:

Impaired cases tossed due to clogged courts

Louise Dickson
Times Colonist - Nov. 5, 2011


... In 2005, the provincial court had 143 judges. The current provincial court judge count is 127. Victoria provincial court used to have 13 to 14 full-time judges. It now has the equivalent of 91⁄2 judges.

The lack of court resources also led to another impaired driving case being adjourned twice this week.

Aneal Basi, an accused in the B.C. Rail matter, was stopped for impaired driving on Nov. 29, 2008. His first court appearance was on Jan. 15, 2009. The defence requested adjournments of the first two trial dates — March 10 and Sept. 9, 2010 — because the B.C. Rail matter was before the courts.

After the charges against Basi in the B.C. Rail matter were stayed, a new trial was set for July 20, this year, but the trial could not proceed because of an issue over the disclosure of documents.

The case was adjourned until Thursday, but two other cases were on the list for trial in that courtroom. The Crown chose to proceed with a two-day sexual assault trial because expert witnesses from Vancouver were waiting to testify. The Basi case was adjourned until Friday, when it was adjourned again due to lack of court time and resources. A new date is to be set Nov. 15.

"There's cause for concern that if the matter is not set for trial quickly, there's a real possibility the charge will be stayed for overly long delay," said Crown prosecutor Nils Jensen.

The B.C. government said in October that it will hire retired judges ... {Snip}

Read more HERE: 

http://www.timescolonist.com/news/Impaired+cases+tossed+clogged+courts/5661745/story.html#ixzz1dRpSqSuN

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Policy won't stop payouts like those in BC Rail Case

CTV - Nov. 10, 2011

Excerpt. [For a good photo of Aneal Basi and the 2 other men accused in the BC Rail Political Corruption Trial, plus 2 of their lawyers, click HERE]:

Dave Basi, centre, and his lawyer Michael Bolton, far right, Bobby Virk, lower right, and Aneal Basi, 2nd left, and his lawyer Erin Dance, left, leave B.C. Supreme Court in Vancouver, B.C., on Monday October 18, 2010. (Darryl Dyck / THE CANADIAN PRESS)

By Dirk Meissner

The Canadian Press - Nov. 10, 2011

The B.C. government will go after legal costs incurred by government workers found guilty in court, but that doesn't mean taxpayers are completely off the hook for costs such as the $6 million paid to convicted former B.C. government aides David Basi and Bobby Virk, says a report released Thursday. {Snip} ...

Attorney General Shirley Bond suggested the government won't be part of plea deals that involve paying legal costs, as occurred last October in the Basi-Virk case.

"There will be a policy framework that requires government to contemplate in every case where there is a guilty verdict or a criminal conviction, the pursuit of assets," she said. "It removes discretion during the process to actually look at doing that (in the Basi-Virk case)."

{Snip} ... Toope's report said government is obligated, in fairness, to pay the legal costs of its employees while they are considered innocent, but not otherwise.

"The requirement of reimbursement in the case of criminal convictions should be mandatory and not subject to discretion," said Toope in a letter to Attorney General Shirley Bond as part of his report.

Bond said the government will adopt the nine recommendations in Toope's report, including proceeding with plans to go after assets to recover court costs of guilty government workers.

"Yes, we are going to pursue recovery of assets," said Bond in an interview. "Government will be required to pursue the recovery of assets."

The October 2010 guilty pleas of Basi and Virk in the long-running BC Rail corruption case saw the government pay $6 million in legal fees incurred by the two former government aides. But the province decided not to go after their assets.

Toope's report said that when it comes to government workers facing charges it is fair and prudent to uphold the integrity of the presumption of innocence, which translates to indemnifying workers from paying legal costs.

"That policy should allow for indemnification throughout the entire criminal process, up to the determination of innocence or guilt," said the report.

In an interview from India, where Toope is participating in Premier Christy Clark's trade mission to Asia, he said it is up to the province to pursue costs following guilty findings.

"In my recommendations, I am at least ensuring that when there's money there to be gained back by government that government should indeed do that."

But he said government's could still end up having to cover the legal costs of government workers found guilty.

"There could still be a circumstance where taxpayers are on the hook, but I want to be clear that that is an extremely unusual circumstance," said Toope.

Opposition New Democrat Leonard Krog said Toope's recommendations provide government with the makings of a solid future policy that outlines the indemnification of government employees facing legal issues.

But it sheds little new information on the decision to pay Basi and Virk's legal fees despite their guilty pleas, he said.

"In terms of uncovering the truth around what happened with the payment of over $6 million, we are no further ahead," Krog said.

Toope said the government paid legal costs of about $11.4 million from 1999 to 2011. He said there were 95 legal cases involving government employees.

Basi and Virk pleaded guilty to charges of breach of trust and accepting bribes and were each sentenced to two years under house arrest.

As part of the plea arrangement, the government agreed to pay the pair's legal costs.

The scandal dates back to December 2003, when police officers raided the B.C. legislature, removing boxes of documents connected to the sale of Crown-owned BC Rail.
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And Aneal Basi?
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Comments:
When will the BS ever stop?

How come the Province refuses to fund Judges and/or court staffers, yet have all the money in the world to defend Basi Virk Basi?

Why not just issue "Get Out of Jail Free" cards to anyone connected to the Liberals, and bypass this whole charade?

Oh yeah, I forgot. The Charade puts money, bit money, YOUR money, into the hands of friends, ie lawyers.
 
http://www.theprovince.com/news/Rail+stink+lingers/5709667/story.html
 
Re Anneal Basi Court Date cso online shows He was in Court
Oct 13, 20 27, Nov 1 3 4 and Jan 11th 2012 for Trial confirmation hearing Feb 09 2012 !!!! for Trial AND Feb 10 for continuation of trial. Past appearances 22 Court dates from CSO online.

Why would They need disclosure of BC Rail documents for impaired charge? There is actually two charges CCC - 253(1)(a) care or control vehicle or vessel while impaired Commit BASI, ANEAL Saanich BC
145212-1 2 29-Nov-2008 CCC - 253(1)(b) care or control vehicle/vessel with over .08
So remember this story about the BC Courts in crisis. " Leonard Krog, New Democrat Opposition critic for the attorney general, said the lack of court resources is hard on everyone trying to bring criminals to justice.

"The message it sends to criminals is, you know what, you might get lucky."

Provincial court Judge Darrell O'Byrne noted the overwhelming court delays as he issued a stay on an impaired-driving charge in October.

"New cases per judge are also increasing. There are in excess of 30,000 traffic tickets awaiting trial dates."

Krog, a lawyer, said it's no secret that if people dispute their alleged crime, there's a good chance they'll get off.

"Because just the pretence of fighting will be sufficient to get you into the system and get you the delay and you're off." CBC News Jul 2011.

EM
 
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