A controversial B.C. Liberal Party insider whose name has surfaced at the long-running B.C. legislature raid trial says the B.C. New Democratic Party is defaming him in their effort to win next month's election.
In the midst of a provincial election campaign at which his name has been bandied about by the Opposition, Patrick Kinsella's lawyer has sent a letter to the NDP saying the allegations made about him and his involvement in the government sale of BC Rail are defamatory, malicious and false.
The letter, sent Monday, says statements from the party include "defamatory and injurious insinuations" about Kinsella, who was B.C. Liberals Leader Gordon Campbell's campaign co-chairman in the previous two provincial elections. The statements suggest Kinsella "is using his influence with politicians for unfair personal gain," it says.
"These are false and highly damaging allegations," the letter says.
Kinsella's name has surfaced at the trial of Dave Basi, aide to former finance minister Gary Collins, and Bobby Virk, who worked for then-transportation minister Judith Reid. The two were charged with fraud and breach of trust following the unprecedented 2003 police raid on the B.C. legislature. Former government communications officer Aneal Basi is accused of money laundering.
The Crown alleges that Basi and Virk received benefits from OmniTRAX, which was in the running to purchase Crown-owned BC Rail. The Crown believes the pair were, in turn, providing confidential government documents regarding the sale.
The NDP allegations arose from statements made by defence lawyers, who have reviewed emails disclosed in conjunction with that trial.
On the weekend, NDP Leader Carole James named Kinsella in a speech to supporters in Prince George, B.C., saying Campbell "has gone too far with his rewards to friends and insiders.
"He refuses to answer questions,'' James said in a speech, a copy of which is posted on the NDP website.
NDP attorney general critic Leonard Krog has asked RCMP to investigate the deal.
The letter from Kinsella's lawyer called it a "shameful display" made at the expense of a private citizen.
"Mr. Kinsella did not receive $300,000 from the Campbell government to help sell BC Rail," the letter says.
It is the first time Kinsella has responded to the allegations.
The letter demands an apology within three days but James said she will continue to hold the Liberals accountable.
"The public interest comes first," James told reporters on the campaign trail on Tuesday. "There are very serious concerns about the sale of BC Rail, our railway, another broken promise by this government so I'm going to continue to make sure that the public interest is served and I raise those questions on behalf of the public."
Krog said he would not be deterred either, but neither New Democrat repeated the allegations on Tuesday.
The premier and Liberal caucus have declined to respond to the allegations, saying the case is before the courts. Campbell has said he hasn't spoken to his former campaign chairman in ages.
Dene Moore reports for The Canadian Press.
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G West
3 years ago
If Mr Kinsella has a problem
There is a perfect solution readily at hand - disclose:
a) Whether or not, and at what material times, he was in the employ, or under contract to BC Rail or any of its subsidiaries; CN or any of its related companies, and;
b) Whether or not he was in the employ or acting under a contract or any other type of employment of agreement for the BC Government, the Executive Council of the Government or any of its agencies at the same material time, and;
c) Whether or not and at what material times he communicated with representatives of either (a) or (b) in an attempt to facilitate communications and or commercial or contractual relationships between the parties OR any of their principals. And, further disclose;
d) Did he receive any payments from either party (while working or representing the other) in respect of those contracts or commercial relationships.
Just as he did with respect to the ambit of the lobbyist registry in this province, Mr. Kinsella appears to be much more comfortable playing silly games.
Rather than being open and accountable - the bywords, I'm sure readers will remember, of Gordon Campbell's campaign promises during the elections run by Mr. Kinsella, he prefers to be obtuse and litigious.
Ms James can only gain in stature by standing up to such a man and his bully-boy tactics.
Bailey
3 years ago
Questions
These are not allegations, they're questions.
Very questionable things are being unearthed all the time around this very questionable BC Rail sale. Dishonesty reeks from the whole sordid mess. Promises that were never true, made to deceive and gain power. Property the people of BC thought was theirs by right of ownership, prudently grown for decades for the public good, cynically sold in a swirl of secrecy and lies.
When Mr. Kinsella's involvement surfaced on both sides of this, call it 'deal' I suppose, though other words suggest themselves to describe it, questions were asked. Appropriate and timely questions, whose natural answers would have been easy, unless...
It seems clear that if the transaction was honest, the answers would have been forthcoming. An honest broker, or an honest government for that matter would have had no trouble standing up and explaining what happened, freely and forthrightly.
None of them have done so.
Instead, secrecy, misdirection and distractions, such as this threat from lawyers are all we get.
If Mr. Kinsella asserts his honesty, let him answer the damn questions. Let him open his books to scrutiny, and show who paid money to whom and what they got for it.
I make the same challenge to the BC Liberal party and it's ministers. Open the books, if you want to claim you're honest, and let the sun shine on your actions.
I am just unable to think of a single honest reason for the secrecy and deceit that has marked your terms of power.
The province has been impoverished, our property sold to foreign interests for a song, and contributors to your campaigns just seem to wind up owning the things that we and our parents built and paid for.
Open the books of the BC Rail deal, of BC Hydro, of BC Ferries. Open your own private accounts. Open the BC Liberal party's books.
Explain why all oversight has been gutted, the Auditor General's office decimated, the Coroner's office left disfunctional. Crown Corporations shrouded in secrecy.
Open the books, and show us all once and for all exactly how honest you really are.
Skywalker
3 years ago
Defamation?
What's to defame?
Grumpy
3 years ago
The defense against Libel and slander......
......is the truth. What we have here is a rear guard action called Libel chill and James had better not back down or her credibility is out the window.
Yes Mr. Kinsella, open your damn books and let the truth escape the pages of sin!
Me thinks Gordo is none to happy with Kinsella with this as more scrutiny is focused on BC Rail and now more truth is flowing on this sordid tale.
Where are the RCMP Commercial Crimes Unit?
Bailey
3 years ago
Offer him a chance to explain
I would make a proposal:
Offer Mr Kinsella a free and full apology made in public in front of media and cameras. Only one condition.
A debate. Let him face a representative of the people he accuses of lying about him in a public debate. Let him ask questions and let them ask questions. Let both parties agree to answer them fully and provide the evidence to prove the answers are true.
This should satisfy all questions of "defamatory and injurious insinuations" by replacing the insinuations with facts.
I believe that the doctrine we have been reading about called 'sub judice', which Liberals have been invoking to avoid having to give answers to the questions being asked would probably not apply to publicly airing evidence of innocence.
Mr. Kinsella? Ms. James? Mr. Krog?
Really, for such a big important turning point election, this has been a dull campaign. Anybody care to liven things up a bit? A little truth, anybody?
Luke Skywalker Redux
3 years ago
Extra Extra... Read All About It...
Under the Canada Controlled Drugs and Substances Act, and more particularly Section 4(1) thereto, the following represents a criminal offence with penalties inclusive of a 6-month prison sentence:
Possession of marijuana
Today, NDP leader Carole James made this admission to CTV News:
http://www.ctvbc.ctv.ca/servlet/an/local/CTVNews/20090421/bc_marijuana_politicians_090421/20090421/?hub=BritishColumbiaHome
Anyone wanna bet that tomorrow Attorney General Wally Oppal is gonna pull a Leonard Krog and publicly write a letter to the RCMP for an investigation into the matter?
Carole James did state that the public interest comes first.
And since the BC federal NDP dismissed their two candidates Dana Larson and Kirk Tousaw for smoking pot in 2008... does this mean that Carole James might also now have to step down? :D
G West
3 years ago
still phoning it in
eh Luke
Wilfred Laurier
3 years ago
Damage Control
Carole's campaign is in a shambles and she is desperately looking for an issue to run with. Krog is a little late for his pontification. Kinsella will now sick about 300 lawyers on Carole.
Van Isle
3 years ago
Hey Luke, betcha that 75% of
Hey Luke, betcha that 75% of the MLA's have tried dope or have been around it sometime in their past. If they haven't, they're lying.
Luke Skywalker Redux
3 years ago
Van Isle...
You are absolutely correct. I was just trying to make a point and nobody really cares.
The problem with the sanctimonious NDP is that it has different standards for everyone... one for its leader, one for its candidates and, if they are not NDP, one for everyone else.
Forget about the RCMP's recommendation of laying criminal charges against former NDP premier Dave Barrett and former NDP cabinet minister heavyweight Bob Williams.
Forget about the shenanigans about NDP insiders sucking at the financial teet for their benefit when they were in government during then 1990's.
And Krog's public attempt to now smear Kinsella (based upon "reliable" lawyer's statements in court) and not the contradictory evidence as described by the Sun or even tested in court...
The NDP has a history of making malicious allegations and settling same later out of court with a financial settlement. And those have always been small fish.
Methinks Kinsella might even want vengeance enough to bankrupt the BC NDP with their stupidity. The evidence does not back them up.
Why did Krog do it?
The NDP internal polling numbers must show them falling back even further. Desperate people take desperate measures.
Don't take my word for it.
Sean Holman of Public Eye Online has this to say tonight:
With the first week of the election campaign behind us, circumstance seems to be conspiring with incompetence to thwart the provincial New Democrats' election chances.
http://www.publiceyeonline.com/archives/003829.html#comments
The only question now is the extent of the bath that the NDP will take on May 12. REALLY.
SharingIsGood
3 years ago
topic is Kinsella, Luke
Once again, Luke Skywalker is hijacking the thread off topic. For Luke it is always anyone but Campbell as the topic when light is being shown upon his man. The Campbell bootlicking and obfuscation away from the issues is no less disgusting now than it was before Luke left for his month+ holiday from The Tyee.
Back to the topic:
Excellent posts GWest and Baily. They were among the best i have read here, at The Tyee. The two of you are correct. Kinsella and the Liberals can clear their names if they open up their books and begin answering questions. There is no other way.
I am ashamed that I live in a BC under Campbell's leadership. While Alberta had Klein, I used to say I'm glad we have nobody like him running BC. Now we find that we have had 2 terms of someone even worse.
It's time for change. Believing that voting the liberals in a 3rd time would give us a different outcome than the horror show we have already had for the last 8 years.
SharingIsGood
3 years ago
Insanity
Believing that voting the liberals in a 3rd time would give us a different outcome than the horror show we have already had for the last 8 years.
Luke Skywalker Redux
3 years ago
SIG...
The truth hurts, doesn't it????
SIG. I'm going to hold you to your honesty regarding this statement post-May 12:
http://thetyee.ca/Views/2009/03/23/GullibleGord/
RossK
3 years ago
There is a very simple way to deal with trolls.
...just saying.
.
frenchy mcswede
3 years ago
I take it that the redux means that you are the
bastard son of luke skywalker, luke skywalker redux, for your arguments are cerainly a bastardization of common sense, young skywalker, reach for the farce young skywalker...reach for the farce...
A reference to a hypothetical incident in one's youth is not even on the same planet as A POLITICAL INSIDER WHO WORKS BOTH SIDES OF THE FENCE AT A DETRIMENT TO THE TAXPAYER. See, luke such an arrangement,not unlike ken dobell's history, which led to an inquiry, in which a judge expressed sentiments similar to mine, has in fact already occurred. The bc liberals deliberately put off a conflict of interest bill which would have prevented such shenanagins at taxpayer expense.
Oh, and a similarly vague statement by bill clinton on cannibis use enhanced his electability...so in closing luke, what you are peddling is not merely redux, but simply a bigger pile...
Rod Smelser
3 years ago
Luke S. What law company did you say?
Luke S.
In some previous posts you have claimed a certain amount of legal expertise. You haven't quite specified if you're a lawyer, para-legal or legal secretary, but you have put on that you're pretty much up on legal matters.
I am just wondering if you can tell us the name of the law company you work for. If not, is it because you do not wish to imperil your own employment there by publicly damaging the firm's reputation?
BTW, the bit about Carole James smoking marijuana is too funny, as is much of your stuff. The only comparable stuff I can think of is Mike Geoghegan's "contributions" to BC politics. Do you really think people will buy this?
Luke Skywalker Redux
3 years ago
RossK..
You got that right. El Gordo, the master, taught everyone.
Frank
3 years ago
Luke
What frenchy mcswede said. What Kinsella did is a totally different kettle of fish than whether you, James, Clinton or Obama ever smoked up. I would hope there are a few people in BC that know the difference. Too bad its only a few.
"The problem with the sanctimonious NDP is that it has different standards for everyone... one for its leader, one for its candidates and, if they are not NDP, one for everyone else."
The problem with the Liberal is they will cheer Lam stepping down but say nothing about their own drunk driving premier. But then the Right has always wrapped themselves in family values and the church and had eyes only for the closets of others. I see nothing has changed.
"The NDP has a history of making malicious allegations and settling same later out of court with a financial settlement. And those have always been small fish."
Strange, I thought it was the Liberals that went after Clark over a deck, a case that went nowhere in spite of their being on the radio 24/7 declaring the end of the world was nigh.
"The only question now is the extent of the bath that the NDP will take on May 12. REALLY."
Why would you care?
frenchy mcswede
3 years ago
Hot damn! This a very important thread,
but I also urge EVERONE, please to read Bill Tielemann's current column in today's 24 Hours in which he PROVES beyond the possibility of rebuttal that the bc liberal are as dismal economic managers as I have been saying since I began posting, proving, THAT ONCE CURRENT JOB LOSSES ARE FACTORED IN, IE, THE 69,000 JOBS LOST SINCE LAST OCTOBER, THAT THE NDP HAD A GDP INCREASE OF 2.8% IN THE NINETIES TO THE LIBERALS 2.6% IN THIS DECADE. NICE WORK, MR TIELEMAN.
For some unknown reason, 24 Hours did not publish this in its print edition today, so I urge everyone, to check it out and save it by going to 24 hours, clicking the "columnist button," and then reading today's article...
Frank
3 years ago
The CKNW debate
I don't think the NDP should even participate in this. They have nothing to gain by being on a right-wing radio station stacked with right-wing and PAB callers.
Frank
3 years ago
One thing is clear
Even Liberals will eventually regret voting Liberal.
frenchy mcswede
3 years ago
Or post a link someone, please, to the
tieleman article, a skill I should definitely master soon...
Luke Skywalker Redux
3 years ago
Rod Smelser...
Budd Campbell (your old sock puppet handle), once a comedian always a comedian. You do provide a certain je ne sais quoi humour to this site. :D
But the most humourous online conversation that I have ever read was yours with Mike Geoghegan, former assistant to NDP MLA Bill Barlee. As you know, both later departed the NDP.
Here it is.. Quite entertaining actually. :)
http://billtieleman.blogspot.com/2007/05/tieleman-guest-host-for-nightline-bc-on.html
Frank:
For once I agree. And boy do I agree! :)
Frank
3 years ago
CKNW
The NDP would get a friendlier debate with Wilf and Luke than they would from anyone at CKNW.
Roadie
3 years ago
Really redux?
"With the first week of the election campaign behind us, circumstance seems to be conspiring with incompetence to thwart the provincial New Democrats' election chances."
Well phrased, but I can do better: With the first week of the election campaign behind us, the Lieberals are once again reverting to their time honoured traditions of yellow journalism and outright propaganda to try to fool the working class into voting for the sale of their rights, resources, and anything left in their pockets to a bunch of grifters whose methods and personal desires spell the the end of British Columbia as we know and love it.
Of course I don't say it nearly as well as Rafe Mair did in this article:
http://thetyee.ca/Views/2009/01/19/WACNDP/?utm_source=mondayheadlines&utm_medium=email&utm_campaign=190109
Now that is wit, humour and remarkably good prose.
"The only question now is the extent of the bath that the NDP will take on May 12. REALLY."
Really? Jeez, I thought there were 'real' questions about the future of BC on the table here.
'Hello senor gordo, who did you rob today?
did you steal from the children, their Brand New Day?'
Roadie
3 years ago
That's it!
That's it. I'm tired of limiting myself to 3000 characters per post. I ask once again - are there any alternatives to these tyee sites which seem to dominate political discussion of BC politics?
Further; is there any real reason why the people of BC should be limited to what amounts to 500 words in their posts on this site? Are we such morons that we can't make cogent arguments of more that a few words. I ask again, where are the real alternative sites which allow free discussion of the issues. Why are we oppressed with these space limitations of less than 4k in this new world of terabytes? And on a supposedly 'Alternative' site? Who gains? And what do they gain by limiting dissent?
Are we so stupid that we don't have the capacity for more than five or six hundred word responses to the important issues at hand? Are we such cattle that we can't edit for ourselves between 'Best Comments' and 'All comments?' Are we such goyim (Hebrew for cattle) that we can't decide for ourselves which posts are too long and self serving to ignore? Honestly, it feels like some neo-fascist prick is trying to play god here. You really think you're smarter than the rest of us, Beers? Or just better connected? This site sucks. Fellow bloggers, PLEASE point me to a site on BC politics which follows the democratic principle of free speech!
'Suppress free speech and you are left with a body of apparatchiks facing open rebellion.' (Fifi 'How They Lied' 2009)
If my goddamn dog can see the problems with this site, why can't you?
Roadie
3 years ago
My original reply to redux
"I was just trying to make a point and nobody really cares."
I certainly don't. You have nothing of substance to say. Let me prove it to you..
"The problem with the sanctimonious NDP is that it has different standards for everyone..."
Totally meaningless and so broad you can't even back it up with spurious allegations.
"Forget about the RCMP's recommendation of laying criminal charges ..."
Yes, let's. They didn't. And why not?
"And Krog's public attempt to now smear Kinsella (based upon "reliable" lawyer's statements in court) and not the contradictory evidence as described by the Sun or even tested in court..."
Why won't he answer any questions on his role in the sale of BC rail? Oh, it's before the government controlled court. Thank you.
"The NDP has a history of making malicious allegations and settling same later out of court ..."
Question: Which out of court settlements pray tell? And have they made as many malicious/deceitful allegations in their whole campaign as you have in just this one post?
"Methinks Kinsella might even want vengeance enough to bankrupt the BC NDP with their stupidity. The evidence does not back them up."
Methinks Kinsella might even want to get his backside out in one piece and retire ASAP. Jeez, this inflamatory innuendo stuff is easier than it looks - thanks redux :)
"Why did Krog do it?"
Dunno, why did Campbell sell us down the river?
"The NDP internal polling numbers must show ... Desperate people take desperate measures."
How would you know? Desperate people resort to the kind of yellow journalism you are practicing here.
"Don't take my word for it."
Don't worry I won't.
"Sean Holman of Public Eye Online has this to say tonight:
Quote:
Is there a game changer that can reverse the New Democrats' negative momentum?"
Fifi, my dog has this to say tonight:
Quote: PPffft!
'Feef!', I remonstrated, 'That's hardly polite.'
'True', she sighed, packing her favorite Meerschaum with a load of 'lyin thieves' and settling back comfortably. 'But we have to show these people where they come from and what they have to offer or they'll get the upper hand. Mark my words, old son.'
cghzd
3 years ago
lawsuit
The NDP should tell Kensella's lawyer to fly right at it.
He would have to prove in court that everything was on the up and up and in order to do so the this whole BC Rail thing would be opened up like a carton of rotten eggs.
Offense is the best defense when you get the slease bags pushed into a corner.
Kensella hasn't got the balls to take this into a Court and the NDP should call him on it.
freebear
3 years ago
Can you say SLAP suit?
Call Kinsella's bluff please; I'll chip in for legal fees!!!!!!
G West
3 years ago
luke
Do YOU have a facebook page?
Seems to me the one who started the umbrage parade was the unfortunate gentleman's BC LIBERAL opponent.
Selective memory is a terrible thing.
Frank
3 years ago
cghzd and freebear
Gary Mason (of all people) at the Globe agrees with you :
"I don't understand why Mr. Kinsella is being selective in terms of what allegations against him he's prepared to address. Why not clear the air on everything? I put in a request to talk to Mr. Kinsella yesterday and got no response.
The NDP said yesterday it will not apologize for statements it has made about Mr. Kinsella. If Mr. Kinsella does sue, it could produce a trial where he would have no choice but to answer questions to which he so far refuses."
http://www.theglobeandmail.com/servlet/story/LAC.20090422.BCMASON22ART2250/TPStory/National
Bailey
3 years ago
Chipping in
Freebear scores! What a good idea!
If the people Mr. Kinsella accuses would like to launch a well designed counter-suit, I'll chip in too.
Bet you about half a million others will follow. Look how much Mr Beers got when he just asked for a few bucks to beef up the reportage around here.
Even if there's absolutely no chance that the cases could come up before the election, and even if the chances that Mr Kinsella would continue afterward are minuscule, the number of contributions to this cause would act as a real poll, and show how much support there would be among British Columbians for bringing some truth to light about this sleazy deal.
And watch Mr Campbell, who constantly acts as if there is no other value but money try to explain why so many are so willing to pay to hear the truth. In a court of law.
An advantage: Mr Kinsella would not be able to make a counter suit go away by dropping his own suit.