News

Railgate: Secret Witnesses?

Two ask to testify beyond media glare.

By Bill Tieleman, 19 Nov 2007, TheTyee.ca

B.C. Legislature Raid

Raid day: Dec. 28, 2003.

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Secret witnesses, 5,000 pages of new evidence and accusations by the Special Prosecutor that a defence lawyer was "ranting and raving" marked the latest B.C. Supreme Court hearing Friday in the B.C. Legislature raid case.

The testy pre-trial hearing saw verbal fireworks fly as the long-delayed trial of BC Liberal ministerial aides David Basi and Bob Virk on breach of trust and fraud charges heard more accusations that the Crown and RCMP failed to properly disclose evidence to the defence.

'Rant and rave'

Virk's lawyer, Kevin McCullough, blasted Special Prosecutor Bill Berardino after the defence received 5,000 more pages of evidence that had been ordered disclosed by Justice Elizabeth Bennett some months ago. McCullough said he had sent Berardino a lengthy letter complaining again of late disclosure.

"There are some monumental disclosure issues, extreme problems of disclosure," an exasperated sounding McCullough told Bennett.

"We're still dependent on the RCMP to decide what to disclose. When you hear about what the RCMP decides is relevant you are going to be very, very, very surprised," McCullough said.

"We've just found there's three more files, an inordinate amount of notes," he said. "The [RCMP] Team Commander for 18 months -- there is not a single note -- nothing."

That accusation brought Berardino to his feet.

"Mr. McCullough can get up right now and rant and rave but there's a process and I will respond to his letter point by point. But I do not agree with his position," Berardino said angrily. He told Bennett the Crown would need about 10 days to reply to McCullough.

Witnesses want shielding from media

The trial also heard that two witnesses have requested that their testimony be given in-camera so they could not be identified in the media.

"The in-camera application -- I may hear arguments from media counsel and need some time for that," Bennett said.

There was no indication as to who the witnesses might be or what evidence they might give in the case.

Grinding through mountain of evidence

The 5,000 pages of new evidence -- which comes on the heels of 25,000 pages of new evidence given to the defence in October -- comprise over 4,000 pages from the Integrated Proceeds of Crime (IPOC) investigation and another 800 pages of hard copy wiretap logs, the court was told.

Michael Bolton, Basi's lawyer, said the defence was still working through the earlier disclosure, much of it related to the $1 billion privatization of BC Rail in 2003.

Basi and Virk are accused of providing confidential government information about the deal to lobbyist Erik Bornmann, who was working for bidder OmniTRAX at that time. Bornmann is now the Crown's key witness against Basi, Virk and Aneal Basi, a former provincial communications aide.

"I'm still going through that material -- much of it is significant. Parts of it are notes of officers and are relevant for our disclosure application," Bolton said. The defence plans to file multiple applications at a scheduled hearing Dec. 3.

No more delays: judge

But Justice Bennett again warned both Crown and defence that she would not tolerate any further delays.

"As long as we're clear -- motions are going to proceed on December 3," she said.

Bolton told Bennett that part of the new information received includes material from Erik Bornmann's e-mail account.

"It's important material. He's a central witness in this thing," Bolton said.

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

And McCullough alleged in court that the RCMP had wiretapped calls between the defendants and their lawyers, though he did not provide details.

"Solicitor client calls being listened to, passed on to other officers," he told Bennett.

NDP's Krog: 'Very troubling'

The latest developments elicited concern from MLA Leonard Krog, the New Democratic Party critic for the Attorney-General's Ministry who observed the hearing.

"It's very troubling when you hear defence counsel talking about 'monumental problems with disclosure,' despite what Mr. Berardino says," Krog said in an interview outside the courtroom. "This isn't a break and enter -- it's a raid on the B.C. legislature. People could go to jail. It's hard to think about a case that's more important."

Krog, himself a lawyer, said disclosure is a critical part of any case.

"There's a tremendous onus on the Crown and the RCMP to disclose everything," he said. "One can only speculate but on the road to disclosure somebody's holding it up."

Gambit to toss case

Still looming is an abuse of process motion that Bolton, McCullough and Joe Doyle, Aneal Basi's lawyer, intend to file in an attempt to throw the entire case out of court.

The defence would argue that the failure of the RCMP and Special Prosecutor to provide timely and full disclosure of evidence has made a fair trial impossible.

Justice Bennett referenced that at an October pre-trial hearing:

"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 to Berardino, using the court term "friends" to refer to the defence counsel. "I appreciate no one knew how many documents there were and I know everyone is working hard."

Judge slammed Crown

The new evidence presented to the defence this week came as a result of Bennett's sweeping order in June that the Crown disclose "every scrap of paper" related to the case after she heard about a wide variety of missing evidence, including RCMP officers' notes.

Bennett filed a 37-page decision at that time granting every one of the defence requests for disclosure.

"The defence is entitled to disclosure in a timely fashion. This rather extensive review of the many problems with this case demonstrates that disclosure has not been sufficiently made in a timely way," Bennett wrote in June.

"I regret that I must make the following order in such broad and sweeping terms. However, given the substantial failure to respect the disclosure rights of the accused, this order is the only way I believe I can ensure that no miscarriage of justice will occur."

At the court Friday, MLA Krog said the lengthy delays and problems in getting to trial almost four years after the police raid on the legislature paint a troubling picture of the whole justice system in B.C.

"It says that we have some real problems in a case that is so important to the public," Krog said. "In fairness, maybe these guys [Basi, Virk and Basi] are innocent and four years later they haven't even had a trial."

Justice Bennett confirmed that another pre-trial hearing will be held on Friday Nov. 23 at 9 a.m.

Related Tyee stories:

[Tyee]

Bill Tieleman is a regular Tyee contributor who writes a column on B.C. politics every Tuesday in 24 hours, the free weekday newspaper, also online at http://vancouver.24hrs.ca. Tieleman can be heard every Monday at 10 a.m. on the Bill Good Show on CKNW AM 980 or at www.cknw.com. E-mail him at weststar@telus.net or visit his blog at: http://billtieleman.blogspot.com.

27 Comments:

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  • Lefty

    4 years ago

    All this obstructionism on

    All this obstructionism on the part of the prosecution and RCMP sure smacks of the tactics used in the railroading of Glen Clark.

  • Grumpy

    4 years ago

    Adiós CN

    Not quite on topic but then again it may. I have heard an interesting rumour that CN wants to wash their hands of the BCR and sell it, at any price. The forest industry has dried up and the grades on the BCR are just too much for CNR managers.

    The rumour I hear is that the line form North Vancouver to Whistler may be abandoned; and the rest mothballed.

    Now, if this were to happen, what would Campbell's reelection chances be? and waiting in the wings another bird of prey "Falcon" may get his wings clipped by the CNR/BCR fiasco.

    The real problem facing the CNR is the BN/Santa Fe would like to have a line through Canada to connect to Alaska, so abandonment and/or moth balling is out of the question. You see if the CNR sell off rights-of-way along portions of the line it will be near impossible for a competing railway to operate.

    Evidently 2009 maybe the date when the CN/BCR deal really shows what was intended all along.

    Maybe this is why 'BC Railgate' is so important to delay, delay, delay!

  • zalm

    4 years ago

    good one, Grumpy

    And maybe now the $600 milion highway to nowhere that doesn't carry one spec of business traffic along its route (the Sea-to-Sky) can also then be shut down, rail service restored to Whistler, (1 train an hour with two at 6:00 am and 4:00 pm) and the endless conga-line of insane drivers in huge-engined 4WD behemoths can finally be abolished.

    Sorry, wishful (green) thinking won't pass here, will it.....

  • Grumpy

    4 years ago

    A mystery, wrapped in an enigma.

    The newly minted 'Green' Campbell's, selling BC Rail to CNR, was the most un-green act ever.

    Now just returning from Whistler, I can see that some of the 99 needed reconstructing, but not all of it! Four lanes from Vancouver to Whistler is a trifle much.

    But Campbell is anti rail and made sure that a 'rail' option was closed. Owning a railway makes operating passenger rail much cheaper and easier, than dealing with a company like the CNR.

    The $6 million annually subsidized BCR Passenger service, pales with SkyTrain's now over $200 million annual subsidy.

    When consultants were hired to discredit passenger rail, they were not allowed to use the Talgo 'tilt' train as a model for passenger service. (The Talgo's unique geometry and tilt action meant that it could increase average line speed as much as 50% on some sections of track! Talgo is used by AMTRAK from Vancouver to Eugene Oregon.) Using Talgo as a passenger train model would see much reduced journey times and a level of comfort superior to anything else available.

    The consultant's report included the Bombardier bi-level commuter (passenger)rail cars, which because of their two levels, operate very poorly on winding track. This caused the study to assume even greater travel times than the old RDC'S (Budd Cars!)

    By using passenger rail cars unsuited to the track geometry, the passenger rail study was skewed against a passenger rail service.

    Now with the Olympics (TM) and the 'Green' Campbell, BC will become a world class example of gas guzzling SUV's, operating on super highways, built next to all but abandoned railway, is as green as one can get!

  • G West

    4 years ago

    Paul Nettleton

    I would still like to hear what a former member of the Campbell caucus has to say about all this.

    Mr. Nettleton was, at one time, not unwilling to be critical of his colleagues in the government:

    http://thetyee.ca/News/2004/03/11/The_Lonely_Life_of_the_Independent_MLA/

    I contacted Chris Tenove in an attempt to follow up with Nettleton some time ago - to no avail.

    Rumours have put him in Alberta and/or the Yukon - I'd be pleased to hear from anyone who can help track him down. I don't have the resources of a Vaughn Palmer of course and I'm not paying for information but, if anyone has a clue - please contact:

    garthwest@hotmail.com

    Discretion guaranteed.

    Even if Mr. Nettleton can't offer much information about Basi/Virk, it would be 'something' to hear what he has to say about the disintegration and emasculation of BCHydro.

  • Skywalker

    4 years ago

    I hate to say it but..

    "Now, if this were to happen, what would Campbell's reelection chances be?"

    Grumpy, if the NDP's performance of insecure men dictated by women with illusions of superiority this last weekend is any indication you might want to get ready for the public cutting Campbell even more slack. Now that he has even more urban seats added and the rural area has less influence the BC Rail issue will be less significant. Then there is Carole James' polling numbers. It is enough to make me grumpy as well.

  • TTTT

    4 years ago

    Justice Bennet brought me back

    to trusting in the institution of Justice with that disclosure order - still things are rather frightful in Canada these days

    hear hear.

    uuhhmm, anyone read this story yet....
    http://thetyee.ca/Views/2007/11/19/DisbandRCMP/

  • G West

    4 years ago

    Skywalker - you're absolutely right

    Re: the NDP's insane decision to dump the important fight for real equity in favour of a ridiculous proposal for quotas and a sacrifice of principle for appearances’ sake.

    Every single time James gets a decent hand dealt her by Campbell's incompetent and corporatist agenda she throws potential victory away by adopting an insane policy dictated by the radical feminist wing of the women's caucus.

    This is insane: If Chudnovsky, for example, decided not to run in 2009 and Harcourt decided he wanted to return to politics, he couldn't get the nomination in that riding even if the local constituency chose him. That is, unless he were willing to change his sex and become a woman or a member of a transgender minority.

  • morechatter

    4 years ago

    A troubled justice system

    Of course its troubled how else could this all have happened and what measures are being put into place to ensure this does not happen again despite rail being a done deal now? There has been a great deal of controversy on the cuts to our legal system and the gate keepers put into place as the justice system relies on the support of government to ensure it operates effectively and efficiently unlike the present justice system due largely to government cut backs and priorities. The only thing I have since trickle down is corruption.

  • BC Mary

    4 years ago

    Grumpy ... I hope you don't mind?

    Your two comments are so significant, I scooped them up and ran with them over to my place and gave them a headline posting at:

    http://bctrialofbasi-virk.blogspot.com/

    I hope that's OK by you ... and Zalm.

    Thanks to you both, and of course to Bill Tieleman as always.

    Do you get the feeling that this 4-year ordeal is coming to a point where it can't be side-tracked much longer?

    The date on that secret agreement with C.N. is probably October 2003 so the 5-year clause we hear about, will expire in a matter of months.

    Seems like it's time for people to get into the public gallery of that Supreme Courtroom next Friday Nov. 23 as a way to a) inform ourselves firsthand of what's coming, and b) show Justice Bennett that the public has a keen interest in what this trial can tell us.

  • kootcoot

    4 years ago

    Public at the Trial

    If I weren't about 500 miles from the corner of Robson and Smithe, I would have been there before now and this Friday would show up dressed like "The Jaw that Lies Like a Human," with "bells on."

    Wear them bells Brian, I certainly want to hear you coming, before you get near anything of mine!

    If people within a reasonable distance of the courtroom actually showed up, it really could impress upon Justice Bennett that the public is getting tired of this game and wants some "real" legal actions to begin. I don't think four years is rushing anything, and anybody not complying with disclosure should be considered in contempt, as they are.

    Talk about exile to the "back benches and beyond" - Iqaluit!

  • Grumpy

    4 years ago

    Skywalker - dead on.

    The NDP and Carole James are smoking a very weird kind of ganja these days. This undemocratic quota method for securing MLA's will blow up in their face big time. I predict 10 seats in the next election.

    Good God, is Carole James that stupid? Affirmative action has been a failure and to try to take it to the political level is downright dangerous. Are the NDP insane?

    Here we have the Liberals on a spit, ready to shove a shiv in and where's James? Oh yes seeing if a gay/lesbian'/native/ transsexual/dyslexic individual will run in politics. Are the Liberals paying her? no one can be that stupid. I just can't believe it.

  • Grumpy

    4 years ago

    BC Mary........

    .....you are welcome to use any of this as you wish. But as I stated, it is rumour, but it is interesting to see if CN Rail mothballs, BC Rail. If Carole James played her cards right, she could make it a grand election issue, but she hasn't the ability to see beyond the nut-bars in her party (see above).

    I see so many missed opportunities to stab the Liberals and twist the knife, yet navel gazing is the only thing the NDP can do. With Harcourt sitting on the new TransLink board, will make it a no-go target. We are ill served by everyone!

  • kootcoot

    4 years ago

    I'm grumpy TOO!

    I may not use the name, it's taken, but boyo boy, grumpy is right.

    Quote:
    We are ill served by everyone!

    We're served? I mean other than in the sense of we're almost done like toast and ready to be served to whomever Gordo is selling us.

    Joy, since you think it is such a good idea, the affirmative action, you better run next time. If we have to have women, lets get some that are politicians as well as having the right genitalia. You young male NDP hopefuls out there, with Gordo's fixed election schedule, you may have time for a sex re-assignment procedure. Think of the upside - you could fulfill TWO quotas at once. The way I see it the BC NDP has to make a choice - a leadership change, or some sex changes.

    The legislature is already about as relevant as a bridge club. I also agree with grumpy that the Liberals are such a low hanging fruit/target, for an opposition with a clue, that is.

  • Skywalker

    4 years ago

    Interesting observation.

    If you read David Schreck's lastest post you might start to wonder what it will take for the NDP to do a little soul searching. Surely some of them scan the tyee. No individual from any of the groups listed by Grumpy has ever been excluded from a party. None have ever been denied full participation in its affairs. None have been denied running for the nomination. The only time they are rejected is by the leader or the party brass. That has happened in all political parties even the NDP. It could be avoided if the local constituency organization had the cajones to resist. Often they are sheep themselves. So if someone from the groups rumpy mentions wanted to run, what is there to stop them from working to become the person everyone feels deserves their confidence. NOTHING!

    If there are not enough women in office, it is not that the opportunity is denied them. It is not even that party members make it more difficult. Just maybe the reasons have nothing to do with the party policy.

    So now because the few that want a free ride and are not acceptable to the party membership because they have not proven themselves to be the best candidate, the party engineers want to circumvent democratic processes.

    Is it any wonder we don't have a strong opposition. Back in 2004 a bunch of folks decided to select on the basis of gender. Some genuinely thought Carole was the best person but there were also many who thought that it was time for a woman and would have votes for Wilma Flintstone. Many of them were insecure men cowered by women with illusions of competence. (I was being kind in an earlier post with a similar phrase).

    Even today only a few of the NDP even dare to stay silent on this issue and some of the men in caucus whose nominations are secure are "sucking up" to the power behind the leader.

    That is why Campbell gets away with all this nonsense. That is why the opposition is soft. That is why anyone in the NDP caucus who shows a thirst for liberal political blood is either shifted to a different role or gets their hands slapped.

    O.K I admit it, I'm grumpy too. So I will stop now as that is enough.

  • TTTT

    4 years ago

    Skywalker - G West - Grumpy

    yeah the recent policy decision has pretty much pushed me to the greens for good - libs a little too suspect to keep in power but obviously this insane move will make the ndp toast for decades to come.

  • TTTT

    4 years ago

    Politics is a bloodsport and social workers

    are not cut out for it on principle.

    painful truth, but there it is.

  • Skywalker

    4 years ago

    TTTT

    I know I said I would stop but I have to remind you that we could use the Dave Barrett of old and he was a social worker. It is not just social work that sometimes has mice.

  • Grumpy

    4 years ago

    A quote - apt I think.

    During times of universal deceit, telling the truth becomes a revolutionary act.
    George Orwell

  • Bailey

    4 years ago

    Appeal to Justice

    I would hope that Justice Bennett would see that the most important potential of this case is the opportunity to get the evidence exposed in all it's tangled glory.

    Although the defence is probably justified in moving for dismissal due to abuse of process, that would not in any way serve either the defendants or the cause of justice, I think.

    The Basis and Mr Virk would be left without any further recourse and with their reputations completely destroyed; sacrificed to protect their masters.

    Much better I suggest, if she were to deny the motion and proceed with evidence. Leave the question of abuse of process to the Appeals court after the trial.

    In that case the evidence will be aired, the opportunity to demonstrate the complicity of bigger villains will be taken, and if, as I suspect, these three are shown to be minor actors in a much larger case, they will likely be discharged on appeal anyway. Easy enough by then to show undue delay by the crown, probably.

    They would in such a case be shown to be merely unwisely loyal men who followed their legitimate superiors too far down a bad road.

    If the motion succeeds here, they will always be thought corrupt and worthless men who got off on a technicality, while the far more guilty ones who gave the orders and breached a far greater trust will never be named in public.

    I think that would be a real miscarriage of justice, and would erode whatever confidence survives in British Columbians, in both the processes of government and the committment of the courts to real justice.

  • Jeffrey J.

    4 years ago

    Excellent Coverage

    Excellent coverage Bill Tieleman and Tyee. This should be on the front page of the Vancouver Sun, but is sadly missing. This is an incredibly explosive story, featuring BC's Premiere, BC's Finance Minister, interference with the RCMP, interference with interviewing witnesses, and the list goes on. A May 3 Globe and Mail article says it all:

    "MARK HUME, Globe and Mail Update - May 3, 2007 — The solicitor general of British Columbia “intervened” in a politically explosive RCMP investigation by heading off police before they could interview one of the most powerful members of cabinet, the Supreme Court of British Columbia was told yesterday.Defence lawyer Michael Bolton said an RCMP investigative team was set to fly to Hawaii to track down Gary Collins, then finance minister, the day after police raided the B.C. legislature on Dec. 28, 2003.The police wanted to tackle Mr. Collins with questions about his trusted ministerial aide, Dave Basi, as soon as possible after the sensational raid, which generated massive news coverage in B.C. {Snip}But Mr. Bolton said police decided not to go, even though they had cleared their Hawaii visit with the FBI attaché in Vancouver, after solicitor general Rich Coleman's office contacted senior officers.“The government is concerned that Collins and Reid could inadvertently expose cabinet confidences,” said an RCMP briefing note on the solicitor general's concerns, which Mr. Bolton read in court.“The solicitor general intervened,” said Mr. Bolton. “The solicitor general has become very involved in the investigation . . . [He's] making investigative decisions such as when to interview Mr. Collins.”

    I'll be watching this ongoing coverage with great interest. Thanks so much.

  • TTTT

    4 years ago

    i don't know skywalker - he was from a different era

    not the new neutered dogma.

  • realisticman

    4 years ago

    Here's a use for the tracks

    http://www.salon.com/tech/htww/2007/10/15/bangkok_train/index.html

  • G West

    4 years ago

    very interesting day

    There was some really smelly stuff trickling out of the Legislature today.

    Good pointed questions being asked about Paul Taylor and Pilothouse - KPMG and blindness and a Premier who can't seem to answer a single question any more.

    Details available here:
    http://bctrialofbasi-virk.blogspot.com/

    Look for the column headed
    Brian Kieran to Erik Bornman: get Omnitrax together with the new CEO of Partnerships B.C. ....

    Alternatively, you can update at Bill's place:
    http://billtieleman.blogspot.com/
    too.

    He also has some interesting speculation about goings-on at YVR. As much as Jack Poole might wish it were so, this baby isn't going to just fade away. The real colours of this city and province are starting to muddy the waters - glowing poisonously like the iridescent rainbows of an oil spill in a peaceful harbour.

    http://billtieleman.blogspot.com/

  • G West

    4 years ago

    Just in from the courts

    The special prosecutor has asked for the exclusion of the public, the press and THE DEFENCE COUNSEL when arguments are presented concerning whether or not certain 'secret' witnessess should be allowed to testify in camera before the judge. See details as they become available at:
    http://bctrialofbasi-virk.blogspot.com/

    and also at:
    http://billtieleman.blogspot.com/2007/11/special-prosecutor-in-basi-virk-drops.html

    Are we in danger of becoming a police state here in British Columbia?

  • G West

    4 years ago

    I don't know what's going on in Justice Bennett's court

    But it certainly is interesting.

    The Supreme Court of Canada has recognized that limitations on public access to the identity or testimony of a witness can assist the administration of justice in a number of ways, including:

    • maximizing the chances that witnesses will testify because they will not be fearful of the consequences of publicity;
    • protecting vulnerable witnesses (for example, child witnesses, police informants, and victims of offences allegedly committed by > organized groups);
    • encouraging the reporting of sexual offences; and,
    • protecting national security.

    But the court had been clear that an open and public legal system is crucial to the proper administration of justice.

    Limitations on the ability of members of the public, including the media, to hear and pass on to the citizens the content of testimony of various witnesses reduces the information available concerning a tribunal and its processes. Permitting such measures tends to diminish public scrutiny of the tribunal and the evidence upon which it bases its decisions.

    IN SHORT IT BRINGS THE WHOLE ADMINISTRATION OF JUSTICE INTO DISREPUTE.

    All of the foregoing applies especially in the current case, a case in which there is:
    1) no hint of "National Security";
    2) no involvement of minor citizens or their families;
    3) no sexual content;
    4) little if any fear of compromising investigating officers and, I believe there is:

    ABSOLUTELY NO PRECEDENT IN SUCH A CASE FOR EXCLUDING DEFENCE COUNSEL FROM THE PROCESS

    This case is moving into very strange territory and the average citizen should be concerned...especially since the MSM appears not to be!!!!!!

  • G West

    4 years ago

    It has been suggested elsewhere

    It has been suggested that Berardino may be relying upon an argument sustained by the SCC in connection with a hearing to do with a police informer.

    In that case a police informant wanted to give testimony without being identified.

    http://scc.lexum.umontreal.ca/en/2007/2007scc43/2007scc43.html

    This concerned the Air India case and a witness who also fighting deportation to a foreign country to face criminal charges there.

    The ratio in the case is very specific to the Air India matter and the case itself was just rendered (Oct 11, 2007) which would seem to lend credence to the suspicion that the special prosecutor is clutching at straws. A handful of straws which would not even have been available to him if he had already provided evidentiary discovery to the extent the Court has already ordered.

    Save for his own serial foot dragging, this case would already have been before the bar - at the latest this summer and this current exceptional – secret witness nonsense would not (could not) even have been contemplated.

    To my way of thinking, this rationale is so clearly invented – when was it, exactly, that the first ‘sniff’ of secret witnesses was hinted at in this case? I think it was mid-October – just a few days after the Supreme Court threw the Special Prosecutor a life preserver of sorts – ill fitting though it is.

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