The most anticipated decision in the BC Rail corruption case of David Basi, Bob Virk and Aneal Basi will come this Thursday at 6:45 a.m. BC time from the Supreme Court of Canada.
The Court has announced today that it will release its ruling on Special Prosecutor Bill Berardino's appeal of two BC lower court decisions on the issue of a secret witness and how his or her testimony should be handled.
Berardino hinted at one point the trial might not go ahead if the identity of a secret informant could not be fully protected, stating he would not violate the privilege of the witness to remain unknown.
"This Crown will not breach this privilege in this case ... we will not resile from this position," Berardino said last year. He has since said the prosecution will do everything it can to proceed regardless of how the Supreme Court of Canada rules.
The earlier rulings by former Basi-Virk trial judge Elizabeth Bennett and the BC Court of Appeal went against Berardino's request that the court be cleared of not only the public and media but defence counsel as well - leaving just the judge and Special Prosecutor team to discuss why the secret witness's identity and testimony requires as much protection as has only rarely been given - most recently in the Air India trial.
The Supreme Court of Canada heard arguments from both Berardino and defence lawyers on April 22, 2009.
Visit this website Thursday morning for the decision and full analysis of what it means for the likelihood of the trial proceeding.
Bill Tieleman is a regular Tyee contributor who writes a column on B.C. politics every Tuesday in Vancouver 24 hours. E-mail him at weststar@telus.net or visit his blog at http://billtieleman.blogspot.com.
berardino works ..,
for gordon campbell.full stop! his objrctive has always been to scuttle this trial. he will succeed by this or one of many alternative actions.the defendents and the lawyers will be enriched beyond any reasonable amount.campbell will still be laughing it up years to come.the people of bc will not ever acknowldge the extent of this corporate crime which is one of but not by any means the only hallmarks of this white collar criminal regime which has so completely destroyed any possibility of the people ever having control of our resources and our economic security.
The headline for this
The headline for this article should of read:
*The news the alleged mainstream BC media refuses to tell you*
Scuttlers
It looks as though the mainstream media have acknowledged that this proceeding is well on its way to being scuttled. Too bad, as there is enough guilt and economic losses to the province to make this the biggest scandal BC has seen. For anyone trying to do business in the NOrth with rail support, forget it. Up go the costs and every liberal will still say that we are "competitive". IF they get away with this one and BC Hydro watch out for ICBC and others to get scuttled as well. What a bunch of economic development geniuses.
It's Not Over
I wouldn't presume anything about where this is going, or not going. The "Crown" (which in reality is both prosecutor and defendant) may decide to walk away from the case, but that will just leave a stink that will never go away. I haven't heard any speculation about who the secret witness is ... yet. Imagine if this case were taking place in the U.K. The press would have been all over that question. Too bad we don't have a real press in Canada.
We have all known for a while
that the fix is in on this matter. We can read about what happened in 20 years.
Anywhere else this would be news
The government won't find themselves guilty and the media in this province doesn't want to investigate the party it donates money to.
Breaking News
From CBC:
"The Supreme Court of Canada has overturned a lower court decision in the BC Rail corruption trial, ruling defence lawyers can be barred from a hearing in which the identity of a secret informant would be revealed."
Ok procedure pros
What now?