BC Supreme Court Justice Elizabeth Bennett has ruled that the emails of Premier Gordon Campbell, most cabinet ministers and political staff are "likely relevant" to the defence in the Basi-Virk case and ordered they be disclosed to the defence.
The precedent-setting ruling will see for the first time the emails of a sitting premier turned over to defence lawyers for three former BC government aides facing corruption charges connected to the $1 billion sale of BC Rail in 2003.
But it remains unclear whether those emails still exist. It was learned last week that backup tapes still existed in early May 2009 but a government order was issued to destroy them. The tapes were sent to an outside contractor for disposal. EDS Advanced Solutions was sent the tapes but it is not known yet if the order to destroy them was completed.
Defence lawyer Michael Bolton, representing David Basi, said Bennett's decision was extremely important.
"This may be the most critical ruling in this case," Bolton said. "It's virtually unprecedented."
And Bolton raised the possibility that the defence will use the possible elimination of evidence as grounds to have the case dismissed.
"Potentially the destruction of evidence by recklessness or neglect could be a very significant factor in this case and could lead to a motion for dismissal of charges, but that's down the road," Bolton said. "There's no question that this case has been a challenge with disclosure."
NDP MLA Leonard Krog said outside court the ruling is very important.
"Justice has won in BC today - even the premier must be accountable," Krog said. "But Justice Bennett has had to order the government to do what Premier Campbell promised to do months ago."
Bennett ruled that not only Campbell's emails related to BC Rail and Pilothouse Public Affairs - the lobbyist firm of Erik Bornmann and Brian Kieran, who are alleged to have provided bribes to Basi and co-accused Bob Virk - but those of several cabinet ministers and political staff are "likely relevant", which allows the defence to apply for a court order that they be produced.
Among those whose emails were ruled likely relevant are: former Deputy Premier Christy Clark; former Finance Minister Gary Collins; former Transportation Minister Judith Reid; former Energy Minister Richard Neufeld; current Housing Minister Rich Coleman; current Transportation Minister Shirley Bond; current Campbell Chief of Staff Martyn Brown, Deputy Chief of Staff Lara Dauphinee and issues Management staffer Jay Schlosar.
Campbell’s current Deputy Minister Jessica McDonald and former Deputy Minister Ken Dobell will also have their emails produced, along with those of former Deputy Finance Ministers Paul Taylor and Chris Trumpy.
Other current and former BC Liberal government politicians and staff whose emails were ordered disclosed include:
Brenda Eaton, a former deputy minister; Mike Morton, Campbell's former press secretary; Tom Syer, Campbell's former policy coordination and issues management deputy chief of staff; David Cunningham, Campbell's former Deputy Communications Director; current Deputy Solicitor General David Morhart; Yvette Wells - former Director of the Crown Agencies Secretariat; Assistant Deputy Minister Kevin Begg in the Solicitor General's ministry;
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 billtieleman.blogspot.com.
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BC Mary
2 years ago
Sometime soon ...
when you get a minute to spare, Bill, I'd like to see your comments on whether Justice Bennett should stay on this case, and
what we can hope for, in the RCMP probe of who did what to the missing emails.
Meantime, many thanks for all your work on this case.
G West
2 years ago
And a very interesting list of correspondents
It is too.
Should the actual emails come to light they'll likely provide an 'embarrassment' of riches...of one kind or another.
One also wonders, given the considerable critical coverage this has gotten in the otherwise mostly silent main stream media, if that retired lawyer for the Executive Counsel, George Copley, will be appealing Justice Bennett's ruling.
RossK
2 years ago
And If It Is Not Appealed....
...AND if the Emails do NOT exist does that mean that the extremely non-partisan partisan who is currently AG might have to make a ruling on whether or not to pursue that matter separately in the courts?
.
DPL
2 years ago
It's also the first time
It's also the first time people ever saw a bunch of cops raiding the Legislature, so lots of firsts The thought that emails were removed a couple of months ago during an election indicates that somebody was doing their utmost to remove any trail leading to guess who's office.
Tieleman
2 years ago
Justice Bennett & RCMP probe
Thanks for the question Mary - I think it would be very unfortunate if Justice Elizabeth Bennett decides that she should remove herself from this case - but that's exactly what I expect to happen.
Bennett's promotion to the BC Court of Appeal is a worthy one and I can see that she might think it impossible to do both jobs.
It's also clear that Associate Chief Justice Patrick Dohm all but said Bennett would be leaving the case on June 4 in BC Supreme Court.
As I reported then: “I know who the trial judge is going to be but I’m not announcing that today,” Dohm said. “You have no concern about who I’ve chosen – they are completely conversant with all Criminal Code matters.”
As for the RCMP probe of the missing emails, that's difficult to predict. Certainly the RCMP have made a number of mistakes with this case, to put it charitably, but on the other hand they are under considerable media and public scrutiny in the current circumstances and must justify whatever they do.
It may all hinge on whether or not the email backup tapes still exist.
For a better world
2 years ago
Where's the Premier's Response?
Where's the Premier's Response?
As with many of his previous tacts, he has had an extremely long time to prepare all his "what if scenarios". Maybe his arrogance has hindered such considerations.
One thing for sure is he is having a George Bush "Katrina moment" regarding the West Kelowna fires.
Hermans Hermit
2 years ago
God's Little Helpers
We need more of God's little helpers to take down Gordo. Lots of them here!!!!
dorothy
2 years ago
In all of this
stampeding to destroy evidence, cover asses, doing combovers, and putting on the flim-flam, I would like to know, do these people ever get any of the real work done, which we pay them for, like running the province, or is that just something hastily slapped together in the small breaks between taking care of what is obviously their real agenda?
Roisin Dubh
2 years ago
Bill Tielleman and The Tyee
Mr. Tieleman, My most sincere thanks to you and the Tyee for keeping this most important story before us; after all it involves the very integrity of Mr. Campbell and his government and we must know what happened to those emails regardless.The story has virtually disappeared from everywhere else; even the CBC, (B.C. division) let it fall to number 5 within two days.We are not well served by the mainline media at all.Thanks also to Leonard Krog but WHERE IS CAROL JAMES????
Roisin Dubh
2 years ago
The Premier's Response
To For a Better World, who asked "Where's the Premier's response?"
I understand the Premier gave this "response" - a response as opposed to an answer i.e. he uttered words:"In Victoria we follow the law...that's what I know we do."Have we any reason not to accept his word?????? It is obvious that he did not follow the rule of law , if he cannot produce the emails. I personally know that Victoria follows the rule of law if it suits;I, myself, have been declared a "person of interest"by this government for pursuing a vigorous and persistent campaign for my democratic right to a true answer in a personal matter, supported by a positive court verdict. They will not reply.