- Ms Kaye is a Tyee Builder. You can be, too.
- Mary Carlisle is a Tyee Builder. You can be, too.
- Prem Gill is a Tyee Builder. You can be, too.
- Nancy Flight is a Tyee Builder. You can be, too.
- Justin Everett is a Tyee Builder. You can be, too.
- John Westover is a Tyee Builder. You can be, too.
- Nora Etches is a Tyee Builder. You can be, too.
- Edward Henderson is a Tyee Builder. You can be, too.
- Bharadwaj Chandramouli is a Tyee Builder. You can be, too.
- Dean Chatterson is a Tyee Builder. You can be, too.
- Marius Scurtescu is a Tyee Builder. You can be, too.
- Robert Parkes is a Tyee Builder. You can be, too.
- James Murton is a Tyee Builder. You can be, too.
- Susan Doyle is a Tyee Builder. You can be, too.
- Vincent Strgar is a Tyee Builder. You can be, too.
- Helen Spiegelman is a Tyee Builder. You can be, too.
- Subir Guin is a Tyee Builder. You can be, too.
- Kimball Finigan is a Tyee Builder. You can be, too.
- Joanne Manley is a Tyee Builder. You can be, too.
- David Leach is a Tyee Builder. You can be, too.
Railgate: Judge Blows Stack
25,000 new pages of evidence; defence pursues dismissal.
December 28, 2003. Docs keep coming.
A massive 25,000 page disclosure of new evidence in the breach of trust trial of two former provincial government ministerial aides could impact current B.C. cabinet ministers, B.C. Supreme Court was told Friday morning.
And tempers flared as defence lawyers, the special prosecutor and even Justice Elizabeth Bennett all expressed frustration at lengthy delays that have stalled the pending trial, which began with a police raid on the B.C. legislature on December 28, 2003.
Kevin McCullough, lawyer for Bob Virk, the former ministerial assistant to then-transportation minister Judith Reid, told Bennett that current members of Premier Gordon Campbell's government may be affected when the new evidence is examined.
"There are certain documents that may have an impact on certain cabinet ministers and we may have to pursue those documents," McCullough said.
Massive disclosure
Earlier defence lawyer Michael Bolton, representing David Basi, former aide to then-finance minister Gary Collins, told the court that 13,000 pages of new evidence all connected to the BC Rail deal had been received by the defence this week. Another more than 11,000 pages related to a drug investigation that was linked to the case were also disclosed.
The massive disclosure of new material, ordered by Bennett in June in response to a defence request, has made it impossible for the defence to prepare planned court applications, an exasperated McCullough said.
"To give it all to us on the 22nd and 24th gives absolutely no time to review the file," McCullough said.
Bennett was also exasperated with the delays in the complicated case that began as an RCMP drug trafficking investigation but later branched off into a breach of trust action after wiretaps led police to look into the $1 billion privatization sale of BC Rail to CN Rail.
When counsel for the defence suggested it might need more time to prepare its applications in light of the new evidence, Bennett warned that she would not consider moving the planned Dec. 3 date scheduled in court.
"As long as everyone understands we're not moving the December 3 date. If I have to sit here in an empty courtroom myself, the matters are going to be heard," she exclaimed.
"I don't think any of us expected this volume of documents to show up. I didn't," she added.
'Abuse of process' motion expected
But McCullough intervened, placing the blame entirely on special prosecutor Bill Berardino and his team.
"There are no problems at the feet of the defence. One hundred per cent of the problem is at the feet of the special prosecutor," he charged, which prompted Berardino to fire back.
"If people are going to make a speech, I want to reply to that. You asked for every scrap of paper," Berardino started, referring to Bennett's own instructions previously in court.
But an angry Bennett refused to hear more.
About the BC Legislature Raid Case
What is the B.C. legislature raid case?
Also known as "Basi-Virk," it stems from an unprecedented search of the B.C. legislature on Dec. 28, 2003, that police at the time ominously linked to drug dealing, organized crime and corruption said to extend to the highest levels of government.
Subsequently it became clear the search was in fact connected to the $1 billion privatization of B.C. Rail by BC Liberal Premier Gordon Campbell.
Two former ministerial aides -- David Basi and Bob Virk -- now face charges of breach of trust and fraud for allegedly passing confidential government documents on to lobbyists representing OmniTRAX, one of the corporations that bid for B.C. Rail. Aneal Basi, a former government communications aide and cousin to David Basi, faces money laundering charges.
The case has exposed the extensive political connections between the B.C. and federal Liberal parties, provincial lobbyists, the leadership campaign of former Liberal prime minister Paul Martin and even the RCMP.
The B.C. legislature raid case is currently in the pre-trial defence application stage at B.C. Supreme Court. The trial itself is expected to last six months or more and call dozens of witnesses, including powerful former B.C. Liberal cabinet ministers, political staff, lobbyists and many others.
-- Bill Tieleman
"At some point your friends are going to bring in an abuse of process motion and I don't need to hear arguments from anyone today," Bennett said curtly. "I appreciate no one knew how many documents there were and I know everyone is working hard."
McCullough refused to drop the issue, however.
"We're quite prepared to set out for you that not one day of delay, not a single day, is due to the defence," he argued.
"I don't need to hear it," Bennett replied but McCullough persisted.
"The special prosecutor says they have complied with your order. I would like to review that," he said. "We have found hard copy call log summaries that we cannot find electronically. The special prosecutor cannot find them either and they can't explain it."
"It would be negligent of me to not raise the problems," he concluded.
Trial still set for mid-March
Outside the court Bolton repeated earlier statements that the defence will file an abuse of process motion which could potentially see the case dismissed without a trial, based on arguments against police conduct and problems with disclosure of evidence by the prosecution.
Bennett again warned both sides that delays are not acceptable.
"We need to accomplish something with this case so we can proceed in mid-March," Bennett said, referring to an anticipated trial date.
The pre-trial hearing marked the first appearance of legal counsel for BC Rail, with Robert Deane of Borden Ladner Gervais representing the crown corporation.
Justice Bennett set two further pre-trial hearing conferences for the case, one on Friday Nov. 16 at 9 a.m. to determine which matters can go ahead and what applications will be filed for the Dec. 3 date, and a second conference on Friday November 23 at 8 a.m.
Related Tyee stories:
- How Gordon Campbell's Policies Made a Rich Friend Far RicherLongtime Campbell ally David McLean chairs CN Rail and owns a film studio. BC Liberal decisions helped those firms reap hundreds of millions of dollars.
- Will BC Rail Bomb Explode?Basi-Virk lawyers allege deal was rigged by BC Libs.
- Spiderman in a Web of IntrigueThe Basi-Virk-BC Rail probe may yield BC's biggest scandal yet. If so, meet the Crown's mysterious star witness: 'Spiderman' Erik Bornman.



28
Login or register to post comments
BC Mary
4 years ago
Jasmohan Singh Bains
.
Sometimes you get the feeling that you are looking right at the evidence and can't see the clues.
This happened to me, on Friday, after the Basi-Virk Hearing. One of the defence lawyers, was complaining because 25,000 pages of evidence had been handed to them only a few days before and they didn't have enough time to yada yada ...
10,000 of those pages, they said, are drugs-related. What? Why was Defence requesting drug-related evidence at this late date? Weren't the marijuana charges against Dave Basi dropped in 2005?
Well, back to work ...
When police raided the B.C. Legislature they weren't so much focused on Dave Basi. They were hot on the trail of a man named Jasmohan Singh Bains.
Bains was suspected of being the new Mr Big in West Coast organized crime.
Bains is Dave Basi's cousin.
And Bains allegedly phoned his cousin Dave, at work in the B.C. Ministry of Finance, 26 times during the summer of 2003.
So these must be the wire-tapped calls on Dave Basi's cell phone that Defence asked for. And which Defence lawyers hinted, might cause grief for certain Cabinet ministers.
Bains is scheduled to go to trial in Victoria in 2008 on trafficking charges.
Yeah. Who wouldn't want to get their hands on those records.
But instead of exposing dirty tricks, I understand Defence wants to quash this evidence. Although that doesn't seem possible, with Bains scheduled for trial in 2008 in Victoria, B.C.
There's a lot more evidence lying around -- in Hansard, for example -- if eagle-eyed researchers get into it. Hidden in plain sight.
There will be one gigantic sigh of relief, the day the Crown in this trial begins to lay out the evidence. It's been a long, cruel wait for those wondering if Organized Crime could be operating within our government structure and beyond.
G West
4 years ago
And wasn't it...
And wasn't it via OIC 558 - effective June 5, 2001 - that the Campbell government made a number of very early Public Service Appointments including...Finance - Dave Basi; Transportation - Bob Virk; Water, Land and Air Protection - Jamie Elmhirst - among others?
And isn't it interesting that these same guys seem to have been the Premier's go-to guys when it comes to all kinds of political dirty tricks?
I think Railgate is a very good name for this caper Bill, thanks a lot!
Grumpy
4 years ago
How about RAVgate Bill?
There seems to be some interesting things happening, legal wise, in Victoria. Ken Doebel, the Premier's right hand man, both when Campbell was mayor of Vancouver and then Premier, is now under the scrutiny of a special prosecutor. One wonders if Doebel's name has come up with Railgate? His name is fron and centre with the massive overruns of the convention centre!
There is much more than meets the eye with this one and I have a strange feeling that the powers that be are doing their damnedest to get this case thrown out.
I do wish someone in the media take a long and hard look at RAV and some very questionable things that has happened. Oh RAV is rapid transit and rapid transit is good.
murdock
4 years ago
Reality check
Organized crime is, has and will continue to operate within all circles of all levels of 'governance' until the fiat currency scam ends.
They are needed to be there so that the banks can continue to exist.
ME2
4 years ago
Geeez
How likely is this?
G West
4 years ago
It's a possibility ME2
Although the judge, by her mention of it, is putting the prosecution on 'trial' in a way. The next couple of pre-trial hearings will be key in this point - if there is more foot dragging (and it's hard to see that there hasn't been some) - them the chances increase.
Which is why, in a way, the lack of mainstream media coverage is critical. For there to be enough outrage if the case IS thrown out to subsequently generate a demand for a public inquiry into the 'sale', there must be sufficient knowledge of the circumstances to enervate the average citizen's concern for what has actually been happening to things like BC Rail that were once collective assets.
On the other hand, the Judge doesn’t want to be seen to have ridden herd over a ‘train wreck’ like this for ‘lo these many years either….
Have a look at the record here:
http://bctrialofbasi-virk.blogspot.com/
Still the absolute best resource to get up to speed on the subject.
gaulois
4 years ago
Funding for this trial
Can someone explain: how could someone buy a "case dismissed", if it looks like such a likely scenario???
I remember First Nation folks telling us that one can't win if the justice, the newspaper and the police are all against you. What comes around goes around...
Jeffrey J.
4 years ago
Great Reporting Mr. Tieleman and Tyee
Excellent coverage. Should be front page news in the Sun (above the fold no less!). But alas, our carefully modulated infotainment indsutry will remain mute. But you can bet every MLA in BC will have read the Tyee today!!
RossK
4 years ago
Who's Blaming Whom?
From Mr. T's excellent post....
"If people are going to make a speech, I want to reply to that. You asked for every scrap of paper," (Special Prosecutor) Berardino started, referring to (Judge) Bennett's own instructions previously in court.
Wow!
Does this mean that the oft-absent special prosecutor is actually suggesting that this is all the Judge's fault?
.
NicS
4 years ago
Who's Pressuring Whom?
How many years has it now been since this story first broke? Why hasn't (really)this come to trial yet? On the one hand one might expect the defense to bury the case in motions and paper to forever extend this action. Here we have the prosecution loading up everyone with 25,000 pages of evidence and the defense suggesting a dismissal might be appropriate. Gee, wouldn't that just make life much easier for everyone concerned, including the judge. As for the RCMP's involvement, how many cases have we seen where they helped convict one of their own, let alone one of their higher ups'.
BC Mary
4 years ago
Cirilio Lopez ... man or myth?
I know it's Hallowe'en and all, where everybody gets a bit jumpy, but holy smoke ...
I've been searching for information on the guy named Cirilio Lopez who police allege was arrested in U.S.A. May 2002, an event which led to "word on the street" identifying the new Crime Boss on the West Coast as Jasmohan Bains, cousin of Dave Basi. That's how the story went.
So Cirilio Lopez is an important part of the Legislature Raids scene as of 28 Dec. 2003, right?
But no. Googling, Metacrawling, searching for Mr Lopez, I keep coming up empty-handed. Nothing resembling the Mr Big crime boss. How is this possible?
Cirilio Lopez never existed? has vanished?
Clues, anyone?
anne cameron
4 years ago
hey there b.c. mary
The "main stream media" might as well fire all their supposed reporters and use their salaries to pay B.C. Mary, who has done a far better job of keeping us all informed about this tangled skein of bullshit and bafflegab than any of the purported news outlets.
So now the threat is out in the open. Keep ditherbitchin' around and this will get thrown out of court.
In my opinion that's been the purpose all along. Neither the money nor the political powers want the truth to come out; otherwise not only will heads roll, we'll get our railway back.
IF we get our railway back we might start looking over at what was once our ferry system.
Then omigawsh...dearie me...we might find out that the fast cats were the best choice for the run up to Haida Gwaii... and gollygeewhiz, that might mean..........
So do not get too gobstopped when this gets turfed.
BC Mary
4 years ago
Omigod ... it's Cirilo ... hangs head, scuffs toe!
5 min. ago, I clicked onto 376,000 hits for Cirilo Lopez so even when the artist named Cirilo Lopez has been subtracted, this gives me plenty to work on for a while.
Thank you, everybody who realized straightaway that I had spelled the doggone name wrong but you refrained from the tempting put-downs. Sheer kindness. Thank you.
Then hey, presto! just like that, Anne Cameron comes back into our story, putting things right. Wonderful to hear from you again, Anne.
Thanks for upping my salary, too, much appreciated. Stick around, eh?
Now, back to work. And with a much lighter heart, I must say.
lynn
4 years ago
The stage is set
Good comment, NicS.
Brings to mind Agatha Christie's Murder on the Orient Express where Ol' Hercule Poirot suggests that the crime couldn't have happened without them all conspiring together...and thus, in his main theory, he finds all thirteen suspects guilty.
But there is yet one more conspiracy that allows them all to walk free...and it allows the details of the murder to be conveniently lost forever.
Case dismissed.... end of (mystery) story.
woody
4 years ago
Good work BC Mary! Job well done!
Wallace
4 years ago
you've got it right Grumpy
The defense didn't just ask for disclosure, the defense has been asking from day one - and getting next to squat. The foot-dragging is systemic and designed to force Bennett to grant an abuse of process motion from the defense. My guess is the 25,000 pages will be filled with blank ink redactions anyway. No way the police or the government or the governments corporate supporters want any of this dirty laundry public. That is why the corporate press and media are not reporting this on the front page. When the dismissal is granted, the corporate press will largely report the matter as the defense "winning" on a technicality. That will make the defendants look guilty and the government squeaky clean. Plus ca change, plus c'est la meme chose.
Wallace
4 years ago
Hey Anne Cameron...
If you want to read a a wonderful, slighty profane but spot-on description of our useless corporate media, read John Armstrong's book Wages. His chapters on working for the pointedly named Picayune-Standard in Vancouver, the paper of record, makes one weep for the fourth estate (while laughing out loud).
Fish-counter
4 years ago
Railgate
BC politics is as queer as a fish.
Too bad that poor Polish guy got Tasered at the airport last week. It should have been someone else. Like one of our corrupt politicians for example. Question is, which one? There are so many.
Fish-counter
4 years ago
Railgate
BC politics is as queer as a fish.
Too bad that poor Polish guy got Tasered at the airport last week. It should have been someone else. Like one of our corrupt politicians for example. Question is, which one? There are so many.
Glen Murtz
4 years ago
Check Please.
So when certain ministers start running their mouths about organized crime and targeting street level goons, maybe an intrepid reporter here and there might work up the backbone to ask how it is that criminal organizations can so readily launder so much money... Perhaps those upstanding "middle management" citizens at your local bank branch can help. Or maybe that freelancing accountant or book-keeper.
There are more white collar criminals in this province then drug dealers.
And there are more crappy reporters than either of them put together.
SharingIsGood
4 years ago
laundering cash
It has always been my suspicion that part of the reason for the increased number of casinos, hotels and drinking venues has been to launder cash. Dirty money in, "good" money out...
After all, where would one launder grow-op money? A place where they take in lots of cash (or at least appear to) seems like the logical place for me. Quite easy to say one charges more for drinks, or has full occupancy, or has had a lot of gamblers dropping coin...
jwlaurie
4 years ago
Oh how I miss the old
Oh how I miss the old "Cariboo Prospector"
Jeff
lynn
4 years ago
G West's incisive comment
G West's incisive comment above deserves repeating:
And isn't it interesting that these same guys seem to have been the Premier's go-to guys when it comes to all kinds of political dirty tricks?
How this government was structured from the start by the premier, especially when it came to hirings and firings (ministerial aides etc.).... and also when it came to power, in other words, who really controlled cabinet, the ministries.... is absolutely central to the Basi/Basi/Virk case.
The "custom-designed" power structure of this government says it all.
kootcoot
4 years ago
Good Job MSM...........
This post by Bill Tieleman was posted the same day as the one about the Roman Catholic Church by Rafe - October 29, 2007.
The fact that everybody is still going strong over at Rafe's thread is a pretty clear indication that by pretending it ain't even happening the MSM has created an evironment locally where what guys in shiney dresses in an enclave halfway around the world did centuries ago is more important that what is happening currently in Victoria.
Don't get me wrong, I'm pleased to see Rafe bring up the issues surrounding the RC Church past and present. I wonder if anyone could bring up the issues surrounding the Zionist organization/nation/church and their treatment of the Palestinians or possession of Nukes, whatever, as a point of discussion without being banned. Let's face it, accusing the Pope of being aligned with Hitler has to offend at least as many people as anything one can claim about the government in Tel Aviv.
Of course I've just always been one of those guys who found it ridiculous to have people trying to kill each other in the name of god, especially the same god (ie. WW1 and WW2, to name just two recent examples.)
But be that as it may, it sure does indicate to me how successful the MSM - by basically boycotting coverage - has been successful at turning the whole issue of the BC Rail Trial and the accompanying dispersal of assets that once belonged to the people of BC into a non-issue. No one has even commented here for two days now, talk about the men in dresses in the Golden Palace in Rome goes on at a furious pace over at Rafe's thread.
SharingIsGood
4 years ago
I believe it's an issue kootcoot...
...here at the Tyee, anyhow. I believe that most of us are just waiting to see what happens in December and in the spring, when the case should get under way.
I have noticed that the vast majority of the right wing rhetoric has stopped (save for a few ultra wingnuts) since the paid media monitors have been exposed. Without them around, many articles preach to the choir. Also, many of the neo-liberals/neo-conservatives/fascists have been catching on to what kind of person their leader really is. Even though the media doesn't hold the Liberals feet to the fire on page one, day after day, like they have traditionally (often wrongly) done to the NDP, the public is becoming aware that the purse has been terribly mishandled. Poor priorities and dubious leadership have been the hallmark of this government. They have botched an opportunity to make this province the envy of the world. Where is the infrastructure? Why are there so many poor people, so many homeless? In this time of prosperity, why are so many of our children not getting what they need to grow strong and healthy? Why do our disabled and elderly get mistreated?
Vaughn Palmer, in the electronic edition of the Oct. 31, 2007 Vancouver Sun, is quoted here:
That paints a far less flattering portrait of the B.C. Liberals than the self-satisfied image they have been promoting in their speeches and publicly funded advertising.
http://www.canada.com/vancouversun/columnists/story.html?id=7baf74d6-b1de-4a47-bf9c-7c2d8e2458a2
Another Palmer commentary:
http://www.canada.com/vancouversun/columnists/story.html?id=b3f6c37a-e66b-4252-bf62-4db81714bc21
Does anyone know if the Liberals are still employing those media monitors, and are they using our tax dollars!?
kootcoot
4 years ago
Sharing - you make my point
If you check my post at the House of Infamy, I discuss the Vaughn Palmer column you cite. I also point out that in the midst of all his criticism, he fails to even MENTION the BC Rail Trial (which had the hearing Friday that Bill addresses above). Apparently it isn't as important as booster seat photo ops and Land Based Fast Ferries on Steroids.
Of course my suggestion is that maybe now is the time to emphasize the BC Rail trial/fiasco/scam just to help deflect attention from all the other slime oozing up through the cracks. Of course these guys have so much going on, no one can hope to keep up with it, methinks it might even be part of the strategy.
SharingIsGood
4 years ago
kootcoot
I think Vaughn Palmer's article is about what is currently going on in The Legislature. I haven't checked, but I dn't know if the BC Rail scandal has come up in this session.
I am in full agreement with your points about the MSM having been woefully neglectful in not keeping the Railgate and the need for effective prosecution of perpetrators in the foreground. We deserve to know what has happened, and criminals need to pay for their deeds.
We know that we have been stonewallied for far too long. We know that things are not right with this government because they are not up front about their actions and they don't open their books to the public. Even when they do open books through FOE actions, they attempt to black out things that make them look bad.
kootcoot
4 years ago
You're Probably Right, SIG
You are probably right that VC's column was addressing primarily issues that had arisen lately in the house, not necessarily on Smithe Street. See No Evil, Hear No Evil, Speak No Evil StoneWally has made it clear he has nothing to say about the elephant standing on the Legislature, so perhaps the Oppos are just being practical in the use of the ridiculously shortened Question Period, not bringing it up.
I must say I was somewhat surprised at the lack of promotion/hype about the fact that the fall session was even starting, not
that it was secret, but it certainly began low key and off the MSM radar. Of course a government that operates by OIC and back room secret deals most likely considers the Legislature unfortunate, but occasionally necessary window dressing to impart the impression that "democracy" is at work.
Also I think it would be interesting reading if I could find a brief that delineates the difference between legal matters that the AG cannot mention in the house (where he is immune from libel) and those upon which he feels it is appropriate to issue judicial opinions from the sidewalk. Of course as I may have mentioned above, the Law seems to be whatever the LIEberals need it to be and whatever they can bend it into, as long as it serves the interests of them and their constituency (which I certainly don't feel a part of).
I don't know if stock tips are allowed here, but perhaps the Black Ink (for redaction) business would be a growth sector these days.