Saturday, March 27, 2010
BC Rail Scandal: Three letters from Robin Mathews
A Letter to British Columbia’s Attorney General.
Three letters on the BC Rail Scandal: Part Two
This is the second part of a four part series. Three letters are to “officials” I believe are derelict in their responsibility to law and the administration of justice.
This second letter is to British Columbia Attorney General Michael de Jong. I have asked him to act on the evidence that the appointment of William Berardino as Special Crown Prosecutor in the Basi, Virk, and Basi case was
wrongly made. His ministry has refused even to discuss the matter!
March 26, 2010,
xxx Salsbury Drive,
Vancouver, B.C. V5L xxx
The Honourable Michael de Jong,
Attorney General British Columbia,
P.O. Box 9044, Stn. Prov. Govt.,
Victoria, B.C. V8W 9E2
Dear Attorney General de Jong:
Earlier, I wrote to you on the matter of the clear and obvious violation of the prosecutor legislation: the improper appointment of William Berardino as Special Crown Prosecutor in the BC Rail Scandal case involving Dave Basi, Bobby Virk, and Aneal Basi – former cabinet aides appointed by Gordon Campbell.
I asked – and I ask again – that you take action to remedy the violation by removing William Berardino as Special Prosecutor.
I didn’t mean my last letter to you to be answered by someone else. I request that you, Attorney General, answer this letter.
Robert Gillen, assistant deputy Attorney General answered my last letter, refusing to discuss the appointment in violation of the legislation. The letter I received seems to me to be the kind that would be written in Gordon Campbell’s office and sent to Mr. Gillen to sign.
Mr. Gillen argues that the matter of Basi, Virk, and Basi is sub judice and that he cannot make any comment. That is sheer nonsense as both you and I (and, I believe, Mr. Gillen) know.
You may reply – correctly – that the legislation particularly names the assistant deputy Attorney General as the person who will appoint and (therefore, presumably) be in charge of matters concerning prosecutorial appointments. But we both know that practice was violated recently and the violation was blazoned across the province.
Wally Oppal, the last Attorney General, made it his personal job to bring the alleged bigamists of Bountiful, B.C. to trial. He first abandoned the regular prosecutors and then set about finding a Special Prosecutor to do his bidding in the matter, it seems. Unable to convince Richard Peck, Mr. Oppal moved on – twice more. For his alleged looseness with his trust, Mr. Oppal now faces a civil case over his Bountiful activities.
Robert Gillen was never mentioned in any report I saw, as Mr. Oppal moved on, in what I characterize as an (obviously cabinet approved) flamboyant vote-getting attempt at prosecution of people from Bountiful.
We may put Robert Gillen aside, for he was not seriously involved in Mr. Oppal’s Special Prosecutor hunting. We may assume, too, that he was not seriously involved when the Attorney General’s ministry appointed William Berardino as Special Crown Prosecutor in the Basi, Virk, and Basi matter.
What is relevant and what I insist you address publicly – and remedy – is the appointment of William Berardino in flagrant violation (I insist) of the legislation covering prosecutors and Special Prosecutors in British Columbia. His role as Special Prosecutor cannot (whatever any of us wishes) do anything but (A) damage, seriously, the administration of justice in B.C., and (B) assure from the start that the trial beginning on May 3 of Basi, Virk, and Basi takes place under a huge cloud of suspicion that must deny any credibility to anything the Crown does in the case.
Any Canadian may say, now, that he or she has no doubt the case against Basi, Virk, and Basi is a fraud, carefully planned and – about to be – carefully executed. That may not be true. But the improper appointment of William Berardino as Special Prosecutor opens the door, legitimately, to that or any kind of suspicion of wrong doing in the matter.
When your ministry refused to undertake its responsibility in the Special Crown Prosecutor appointment issue, I wrote to the Chief Justice, the Associate Chief Justice of the Supreme Court of British Columbia and to the presiding judge in the Basi, Virk, and Basi case – Madam Justice Anne MacKenzie, asking them to act on the matter.
As with your ministry, they refuse to act – though I have no doubt that no court is bound to proceed with a criminal action to which the Special Prosecutor has been – as I insist – wrongly appointed.
In fact, I believe that to do so, knowing the appointment violates the prosecutor legislation is, in itself, to do knowing harm to the administration of justice. The matter may be put in the simplest terms: no judiciary in a democratic country may knowingly proceed with a criminal case in which the administration of justice is under visible challenge as it is in the Basi, Virk, and Basi case. To proceed – as the judiciary of the British Columbia Supreme Court apparently intends to do is not an answer to my letter.
It is, rather, I insist (with respect), a declaration of the elegant depravity of the British Columbia judicial system.
The question of the possibility of a perceived or real conflict of interest is a key factor. It is absolutely crucial. Long experience and tradition in the administration of justice in Canada leads all participants to take for granted that justice cannot be done and be seen to be done where even the possible perception of conflict of interest is present.
Mr. Berardino was appointed Special Prosecutor in a case where freedom from connection to “interested” government (cabinet and high civil servant) officers was absolutely essential.
Mr. Berardino was appointed by the Attorney General’s ministry in which the Attorney General, Geoff Plant, had been for seven years his partner and colleague in private practice. And in which the Deputy Attorney General, Alan Seckel, had been for eleven years his partner and colleague in private practice. And in 2007, Gordon Campbell changed a working protocol to review cabinet documents sought by disclosure application. Campbell named that same Deputy Attorney General to the new protocol, placing him in direct, consultative contact with the Special Prosecutor who had been his partner and colleague for eleven years.
Ironically, about eight weeks after the search warrant “raids” on legislature offices (December 28, 2003) – the question was raised in the legislature and is recorded in Hansard. Asked about the appointment of the Special Prosecutor in the BC Rail Scandal, then Solicitor General Rich Coleman said that a Special Prosecutor is appointed “to insulate a case with the Special Prosecutor – so no minister of the Crown has any input into the preparation of the case.”
Rich Coleman stated the matter simply and clearly. But the appointment of the Special Prosecutor in that matter was anything but an insulation, rather – the opposite. It flew in the face of that principle. In fact, it needlessly introduced complications that, obviously, cannot be tolerated if a fair trial is to proceed.
For your information, a copy of the letter I received from the B.C. Supreme Court follows.
“March 17, 2010
Mr. Robin Mathews
xxx Salsbury Drive
Vancouver B.C. V5L xxx
Dear Mr. Mathews:
Re: Your letter dated March 3, 2010
I have been asked to respond to your letter on behalf of Chief Justice Bauman, Associate Chief Justice Dohm, and Madam Justice MacKenzie.
You request that judicial action be taken to remove William Berardino as Special Prosecutor in the proceeding involving Dave Basi, Bobby Virk, and Aneal Basi. Quite simply, Chief Justice Bauman, Associate Chief Justice Dohm and Madam Justice MacKenzie were not involved in any way in the appointment of Mr. Berardino and they have no authority to order his removal. Accordingly, no action can be taken in response to your letter.
Supreme Court Law Officer”
Please – Attorney General de Jong – reply to my letter yourself, and please tell me what steps you will take without further delay to remedy what is clearly an intolerable condition. In upholding a wrongful appointment, and in supporting it (however tacitly) both your ministry and the highest officers of the Supreme Court of British Columbia are, I insist, bringing the administration of justice in the province into contempt.
And just a lexical quibble, Robin:
"elegant", implying "of/with lightness", usually infers simplicity of taste and, in music, beauty of line/treatment resulting from that simplicity. The depravity in question is, rather, incredibly complex, "deep" and heavy. "Elaborate" is maybe a better term..... (overworked, heavily wrought).
I strongly believe we are in a constitutional/legal interregnum, with so many aspects of governance now far outside the norm and outside of either constitutionality or precedent. BC is a "rogue" province and no longer a legal state. But we have no mechanism for enforcing the Canadian constitution; the offices of the L-G and G-G have no teeth, and the old recourse to the Law Lords was purposely ditched by the autocratic-minded P.E. Trudeau (and every PM and proviniclal first minister since has run amok, without check....).
I, like many Canadians, also feel that Luongo was wrongly appointed in net for the Gold Medal game. Nevertheless, Luongo, as I truet will be the case with Bernardino, go the job done.
Leave it alone Mathews. Let the trial begin. If the Prosecutor is a poor fit, let the defence make mince meat out of him. Or not.
Bernardino is a member of the bar in good standing. He will do a fine job. Let him, and they, have their day in court.
if BVB are found guilty, it wont be becuase Bernardino is so cleaver or so tricky or connected.
It will be becuase the Jury will have determined that BVB are guilty as charged, and that no reasonable doubt exists.
Should a challenge be made to the Supreme court on account of Bernardinos appointment, THAT would not surprise me but would be evidence WHY the justice system needs to be overhaulded in the country.
In one respect I agree, this case should have gone to trial long ago. And if BVB havent been provided a legal team with an unlimited budget, it would have. As in other matters, those with the means tend to get off on any and all criminal charges. Often thay say jails are over represented by minorities. But methinks that has more to do with the fact that they are less wealthy segemnt of the population and less likely to have expensive legal counsel. When they do, as in the case of OJ Simpson as an example, they avoid jail sentenses that they really truely deserve.
Jusssssssst my opinion!
Thank you for listening to CKDA!
Berardino was in an obvious conflict of interest when appointed, in contravention of the law.
Conflict, if you didn't have that short attention span you've boasted of so often, you would have realized that by now.
The comparisons to Luongo and OJ Simpson are just so much more off-the-wall pea-brained bogus Public Affairs Bureau/CKNW crap.....
"reConflict and CKDA, you're both dissemblers."
I couldn't agree more. There is much analysis at this site that demands that a reader have enough working memory to see that if a = b and b = c, then a = c. This is the method used for almost every logical argument in math and our justice system. The dissemblers method is to short-circuit the system so that people don't ever think past an either/or statement: a = b or b = c. They attempt to keep the argument dumbed-down: after all, who wants to get involved with any of that algebra-type thinking that all of those geeky do-nothing eggheads use? Let's keep things to a simple causal chain, 'cause if a 5 year-old child can't understand it, then people must be trying to confuse the issue.
In the case of BC Rail, the destruction of key pieces of information and the insertion of many BC Liberal lies have led to breaks in a basic causal chain, but those breaks should be obvious to anyone with a mind to understand that if one has two peices of info and a third is missing, then one should ask questions like: "How did we get from there to here? ... and "Can we apply any algebraic or logical thinking to this issue to get to the missing info?"
Notwithstanding the above, I wish to make it clear, that I believe that there is abundant direct causal chain evidence available to convict far more people than just BVB with regards to the sale of BC Rail
A few of the huge lies uncovered within this blog: "BC Rail will not be sold, BC Rail hasn't been sold, BC Rail is a money loser, BC Rail was a money loser, selling BC rail netted a billion dollars for the province, selling BC Rail got the citizens of BC out of a great deal of debt, and nobody but BVB were involved in anything illegal".
The most damning of all information is the BC Liberals' refusal to answer direct questions about their complicity in the sale of BC Rail. As public servants, the BC Liberal MLAs and their hirelings involved with the sale of the railway have had and continue to have a duty to answer those questions to which they should know the answers; or, they should remove themselves from office pending an investigation. It is that simple.
"reConflict and CKDA, you're both dissemblers."
You just need to use one name, because "reConflict, CKDA and bc_gurl are all the same person. Or maybe they are a cub scout troop of troop of monkees sharing the same terminal!
But good try at trying to sound like different people - it must be hard to remember who you are supposed to be from one comment to the next.
It's also a constitutional requirement and has been since we were granted a bad copy of the British constitution. HMTQ, the Law Lords, and most of Fleet Street's ratpack know that well; which is why resignations are easier to come by in the UK. And invariably stonewalled in Canada (except by those few politicians with a sense of constitutionality left, e.g. Harcourt, Clark, Goodale, and others who have fallen on their sword, though innocent of the allegations against them).
This is what I was saying about a constitutional interregnum. And why, perhaps, if we are to remain a constitutional monarchy....we need a stronger monarch.....there to enforce the constitution...and to police the courts.....
Glen P. Robbins candidate for leader of the BC Conservative party announces that "If a trial is not held in this case after five years of the BC Court and BC Attorney General's office stalling, legal wrangling and other nonsense and chicanery--I will do whatever is humanly possible, political or otherwise to bring all matters of investigation and inquiry into this sordid legal affair."
See the rest of his comments here.
Might there actually be some "hope" on the horizon...if we can get the election right this time? Or is it more smoke and mirrors?
Koot 6:42. You are wrong. But I am flattered!
Sharing 5:03. Destruction of what key pieces of evidence? You sound as though you know something for certain, but you dont.
Casual chain evidence will never be exected by the Crown as a basis to prosecute, much less lay charges. To do so otherwise would be incompetant of the Crown.
Damning information does not equal no information.
Go back and look at your math. A does not equal B. Therefore A cannot equal C. Full stop.
On another matter, I dont know why my posts generate such personal attacks. But I feel, wrongly or rightly, that I am accused of the same but never the other way round, and even when I try and defend myself, I am often censored for doing so.
Look, we all have our opinions on the this and other matters, and I try and respect others opinions, I agree with many of them, I do not agree with all of them, some of them amuse me, etc and so forth. But for the record, I do not think the accused are wrongly accused. I want to see justice served. I want to see an end to the Gordon Campbell govt. I cant stand the guy for what he has done to this province. For the Gangs, the Drugs, criminals in our heartlands (Kamloops) the Casinos, the wholesale of assets. To say I am a PAB is so off the mark. I do not work for PAB nor do I work for the Liberal Party or any ministry of the BC Govt or anything BC govt.
I cant remember the last time I agreed with anything the BC govt has said or done. I was even mostly not in favor of the Olympics, BUT I also cannot stand Carol James and the NDP. They bug me far far worse. They let this happen, imo. They caused it.
So bring on the Conservative Party of BC, or whatever new party is in the wings, bring on an effective opposition to help change the political landscape of BC and do it fast before Fat Jowls Coleman, Campbell, Stone-Wally, Penner, Chong and the rest of the Liberals turn over the whole province to private sector and US hands.
Just to be clear: any comment will be rejected if it is
* utterly off-topic
* abusive or insulting toward another commenter
* or sometimes, because Yr Editor thinkgs it's a nasty piece of mischief.
Call me naive, but I really do believe that we can discuss any opinion without becoming rude, abusive, or going the "Me good, You bad" route.
Come back anytime and tell us how you feel about the BC Rail trial. Will you be in court tomorrow??
Good grief, Conflict, you don't read the newspaper at all do you? Even the CanWest papers and their shit-for-brains pundits reported on the destruction of emails which had been already named and asked for as evidence by the defence team. And handily disposed of by the US company in whose hands they were being kept, upon request from Rose Marie or whatever her name is in the Premier's Office.....
Now you're going to tell us there's nothing in those emails that's of concern. Indeed? - how would YOU know??
The emails that were destroyed but could not be recovered could certainly be considered key peices of evidence, but we will never know what was in them. Logic tells me there destruction of all the emails had to be ordered from the very top. After all, who would dare order the destruction of his or her boss's email.
Since that time, we have (in the 21st century) an oral tradition being fostered in our very own BC Liberal Caucus and Cabinet meetings! What nonsense!
Erratum for my last post:
Logic tells me [the] destruction of all the emails had to be ordered from the very top.
And a further to my last post:
We have never heard from Premier Campbell (nor any of the other MLAs for that matter) that he was angry that someone had the audacity to illegally destroy his emails and that he was going to get to the bottom of it. Judging from all of his previous actions, I can't believe that Premier Campbell would try to protect anyone beneath him.
I would be furious if someone else wiped out all my emails. Questions about such things should be shouted far and wide - for all BC citizens to hear and think about.
Oral tradition in government should be impossible.
On another note...I am adequately addicted to the computer that I feel kind of sad for the compulsions that must guide those of you who post here so much more often than I do. It's a shame that some people have the power to hire a department to do it all for them (if, as has been suggested here on various occasions, the PAB people truly use their taxpayer funded worktime to read and comment on blogs. I hope that's not true, but, if it was, it wouldn't of course be the first time governments had perpetrated such immoral acts).
We should all get out as often as possible to drink in the beauty of days like this one. Apparently little of this issue changes while we're gone anyway. Not judging, just sayin'.
and for those who can't get out, I suggest that you
drop in at Pacific Gazetteer today
and see the delightful gift posted there for someone called "Mary"
but I think it's really meant for us all.
Just click on "Pacific Gazetteer" in the left margin of this page, and you'll be whisked away to Paradise (sorta) ...
Between Campbellites, Harperites, Palinites and the ranting of the various mythopolitical groups (from ecofreaks to anti-ecofreaks to native "from time immemorial" mandate-from-the-Creator types), and radical Islamism and People's Republic denialism and more, a term came to me a few years ago:
The Age of the Counter-Enlightenment.
When Reason became suspect, and logic immoral, and morality equivocated into ideology and "faith"......
"Faith in the free market" being the most ridiculous...as if the ultra-wealthy were saints and money was an altruistic principle.....
Good name for the age, though I truly hope it doesn't represent the majority. There IS beautiful stuff happening too - thanks to musicians and artists and other people who care deeply about truth and beauty.
I haven't yet followed my own advice, but I'm on my way out to take in some blossoms. Nice photos.
I spit up my coffee over this one, Skookum1. I have never heard a better synopsis of the mindset since the neoliberal Thatcher, Reagan, Mulroney and Kohl alliance. Kohl of the CDU laid claim to being a centrist; however, I can't ever recall the CDU under Kohl being anything but ultra-conservative neoliberal, a very unChristlike stance when one considers that both the meek and the ethical are very often destroyed under neoliberalism.
There are hundreds of them available for you to see, if you look up the court documents obtained by the Opposition a year or so back.
It is worth noting that Mr. Gordon Campbell's former right-hand man, a fine fellow who later went on to become a self-declared 'content consultant' that a judge subsequently re-defined, once made it abundantly it clear that he followed a policy of immediate E-Mail destruction for the very reason noted by Anon-Above.
Regarding Mr. Mathews' assertion of conflict of interest, real and/or perceived, given Mr. Beradino's longstanding partnership in private practice with Mr. Alan Seckel, who is now Mr. Campbell's current right hand man, a discussion of the importance of the latters' involvement in overseeing the 'protocol' for cabinet document disclosure to the BVB defense team can be found here.
Yet James and the NDP will do as they have done, nothing. They will instead lobby to raise minimum wages.
Where was James when the hospital cleaning and food services staff were all lost to COmpass?
Where was James when the BC Ferry Queen of the North sank to the bottom of the sea, claiming 2 lives?
Where was James when the mills closed down, due to lack of fibre, assets sold off at auction, and raw log exported?
Where was JAmes when Penner told Victoria it has to spend 1B on secondary sewage treatment, even though scientific reports say that is not necessary, and the money would be better NOT spent, or spent on, you name it, anything other than that?
Where is James and her NDP when it came to cost over runs of the Olympics mattered?
Where was James and her NDP when the Liberals proposed to increase wages for MLAs, far in excess of that paid to the BCGEU employees?
Where was JAmes and the NDP when class composition and enrollment issues mattered?
Answer: Lobbying for a rise in Minimum wages.
Lobbying for higher min wage
Collapse of the fishery?
Lobbying for higher min wage
Indians kept on reservations?
NDP fine with that too, just give us a higher min wage.
Expansion of Casinos?
You got it; lonbbying for min wage increases!
You are mistaken if you think that BC Mary is providing you with a grandstand from which to conduct your political campaign.
Please stay on the topic of: what happened to BC Rail? or why did police raid the BC Legislature?
Btw, are you writing to us from U.S. territory? where "reservations" are for Indians? Just curious.
Do you have a "lonbbying" job, yourself?
Even now, with the trial about to commence, and no one will be able to hear a peep about it becuase of the Publication Ban.
Yet James and the NDP will do as they have done, nothing.
Which brings me to wonder - does the inviolability of the House preclude the power of the publication ban to prevent NDP members from addressing issues/evidence and court proceedings on the floor of the House?? Or does the court have the power to muzzle MLAs and/or Hansard?
Not that the NDP have bothered to bring anything of worthwhile note in the House about this, not lately anyway....
No I am not a lobbying for anyone.
The term Indian Reserve or Reservation exists widely in Canada.
Coasal maps with the Dept of Fisheries & Oceans identify Indian Reservations as "IR".
Publications by Indian and Northern Affairs refer to Indian Reservations.
The Indian Act also refers to Indian Reserves. All this froma simple google search.
answer the question, please.
And the term is "Reserve" even in "Coasal maps" they mean Indian Reserve when they specify "IR"
which isn't to say that we aren't being Americanized at a rapid rate,
hence the question. Can you answer it?
What happened to BC RAIL? Easy, the goverment turned it over to private interests becuase they didnt want to be in the business of running a rail line. And the opposition and the people must of agreed, becuase they voted them back in.
...so says Conflict
Again, why do you think Carol James and the NDP caused the sale of BC Rail?
The people voted them back in NOT; the people kept away from the ballot out of disgust. The Liberal's media arm, CanWest, propagandized the election, looked at any other issue but the Premier's diddling with lobbyists and a rigged sale, and encouraged people like you to think inside the custom-designed box.
And don't pretend that it's OK for ALL things a government does to be the subject of one bloody single vote every four years; that's such a fallacy, and a red herring too, that it makes you look even more like a buffoon than if you WERE being paid by the PAB, or by the Liberal Party directly (instead of using the PAB to funnel public dollars into Liberal propaganda).
You're either an idiot, insane, or a wheedler. But in either of those three cases, you argue for the cause of idiocy, and submission.
The people got snookered, hoodwinked, and sold down the river. Apparently you're fine with that.
Silly you. Very, very silly.
At least you provide entertainment value while we're waiting for news of what we're allowed to know about what's going on in the courtroom, once we're finally allowed to know it.....but I know that non sequitur arguments like yours serve one purpose; to waste energy, and to defray logical conversation and examination of the facts.
The facts are that it was a rigged sale. The facts are that the mainstream media provide cover for the illegal activities and constitutional violations of the Liberal Party (and Campbell's mistress-on-the-public-paycheque and their child).
We need real democracy in this country; not more fools like you who point to one vote every four years which the government blatantly lies to win the election, then does everything it said it wouldn't do afterwards.
But gee, aren't you the simple one huh? It's all clear as day to you; Campbell can do what he wants, and then the public gets to say yes or not after it's all done and sold off.
Mary, send me this guy's IP address, I'm going hunting.....
Remember - the whole point of dissemblers is to make ad hoc nonsense to keep logical people too busy with foolishness to continue on their dangerous flirtations with the truth. T-R-O-L-L.......
Some things just aren't worth it.
The Candidates in my riding were either party hacks, snd/or weak. There was no alternative voice so I stayed home.
As for disclosure of my IP address, what for? i dont work for the PAB. I am not connected to anyone in the Liberal govt, nor anyone involved in the trial(s). Get over it.
When the Liberals were handed gaffs and missteps such as the FastFerries Fiasco, BingoGate, and Glen Clarks free deck, the Liberals knew what to do with that and soundly defeated the NDP. 2 were all that were left standing.
When the NDP were handed gaffs and missteps such as Raw Log exports, Privatisation of Hospital Services such as laundry, housekeeping, and foor services, the sale of Rail BC, Queen of the North sinking and the deaths of 2 passengers, the expansion of Casinos when the Liberals said they would retract them, the increase in problem gambling, the countless families destroyed because of that, their not sharing 50% of Gaming revenues with charities but plowing that into general coffers, the imposition of a 2 Billion Dollar Sewage Treatment Scheme that scientific reports show will cause little improvement on the marine environment, but will cause much greenhouse gases and do more harm to the environment in general, the increase in drug crimes and drug addictions, ruining more families, the inability to lock up dangerous offenders, the lack of action over judiction reform, the list goes on and on and on.
The NDP is handed this, looks at it, and decides their election strategy should be to raise minimum wages.
And as much as you SAY you're not working for the PAB, and not working for the Liberal Party, you're certainly doing their work for them, deliberately too - given your asinine equivocating on the political donations of the Special Prosecutor. In fact, if you weren't so hot to trot to convict Dave Basi, I'd place a wager you were actually him, because the kind of disinformational twaddle you're spewing is very much in the style of the "dirty tricks" campaign he took part in and expedited.
You can't possibly be as stupid as you're pretending to be. And you may very well be posting from a government server or party office, even though you say you're not.
"Reserve, reservation, what's the difference"?
The difference is the US-Canada border, that's what.
I agree with Leah, it's time to ignore you; you're just like a toddler who poops on the floor at a party so as to get everyone to pay attention to your shit. But shit it is, and nothing more.....