Opinion

Seven Big Questions for Heed Campaign Case

Citizens will be looking for answers from the continuing investigation.

By Bill Tieleman, 11 May 2010, TheTyee.ca

kash-heed.jpg

Kash Heed: Campaign mysteries persist.

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"There is a cloud over the report." -- B.C. Attorney General Mike de Jong

While much national laughter has been rightly directed at the sight of a hapless Premier Gordon Campbell popping ex-Solicitor General Kash Heed out and in and out of cabinet like a clock cuckoo, serious questions remain unanswered about allegations of political fraud.

The strange tale of Chief Kash and Mr. Heed is far from a cold case, with even the legitimacy of the MLA for Vancouver-Fraserview's election in doubt.

The appointment Friday of veteran lawyer Peter Wilson as the new Special Prosecutor to replace Terry Robertson, the man who "cleared" Heed of any possible involvement in political dirty tricks that resulted in both criminal and Election Act charges against B.C. Liberal Party campaign officials is just a start.

Robertson resigned as Special Prosecutor shortly after giving Heed a glowing all-clear while recommending that his campaign manager Barinder Sall, financial agent Satpal Johl and supporter and mailing house owner Dinesh Khanna be charged with multiple alleged offences.

Sall and Khanna both face Criminal Code obstruction of justice charges and all three are charged with Election Act violations for their parts in allegedly distributing a vicious and untrue anti-New Democratic Party flyer aimed at the riding's substantial Chinese-Canadian community that was both unauthorized and not included in Heed's campaign financing.

The result could be not only jail time and fines, but Heed losing his seat and a by-election ordered, regardless of Heed's repeated statements that he neither knew of nor was at all involved in the Chinese-language mailer.

If it is found that the flyer was indeed sent by the campaign and the cost pushes campaign spending over the legal limit, Heed's election could be tossed out.

Much more to learn

But as troubling a situation as it already is, there's much more to learn as a police investigation continues.

Here are some of the questions that need to get answered.

1. Mailings mystery. The same flyer was mailed into two other ridings with sizeable numbers of Chinese-Canadian voters -- Vancouver-Kensington and Vancouver-Kingsway. Who was responsible for those mailings and will more charges be laid?

2. Sall's job. Barinder Sall has been described as "campaign manager" for Kash Heed. But did he also have any other roles in the B.C. Liberal election campaign in other east side ridings or centrally?

3. Nailing down numbers. The Heed campaign revised downward its election expenditures report to Elections BC from an original amount of $63,203 to a lower $60,762 -- almost $10,000 below the $70,000 spending limit. Why?

4. Liberal early response. The virulent anti-NDP flyer targeting its Vancouver-Fraserview candidate Gabriel Yiu became a news story in early May 2009, just days before the May 15 election. Did the B.C. Liberal Party take immediate steps to investigate the mailing? What were they?

5. Campbell's steps. When did Premier Gordon Campbell learn of this mailing and what steps did he take to investigate it before the original appointment of Kash Heed as Solicitor General -- B.C.'s top cop?

6. Robertson's OK. Why was Robertson, a known major contributor to Heed's personal campaign, still appointed as Special Prosecutor to investigate alleged electoral fraud by key staff in that campaign?

7. RCMP's response. Why was Robertson able to dismiss direct RCMP questions about his apparent conflict of interest in making a $1,000 donation to Heed's campaign and continue on to "exonerate" Heed?

Once again British Columbia is rocked with allegations of political corruption and once again there are significant mysteries and serious consequences for those involved.  [Tyee]

23  Comments:

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  • Takuan

    2 years ago

    7. RCMP's response

    because they see themselves as some sort of praetorian guard that can make or break caesar, depending on how the goodies flow.

    All the more reason the RCMP should be expelled from BC post haste. They pollute our politics as well as our public life.

  • North Vans Grumps

    2 years ago

    Kash Heed

    I see you've used a photo of Kash Heed in a police uniform, is that use permitted after he's been elected as an MLA?

    Question #8. Mr. Heed has stated that he knew nothing of the dirty tricks brochure, what if one of those charged thus far, decides to tell a different story.

  • Mooney

    2 years ago

    Kash

    the cop, does not seem to to realize that he obtained public office through acts of fraud, and therefore, he is not entitled to hold that office.

    Funny how police and elected officials have so much trouble grasping basic elements of justice, when their own ass is in the fire.

  • Frank

    2 years ago

    Kash Heed

    In spite of running a blatantly illegal campaign, one thing is for sure, he always thinks he's done nothing wrong.

  • Camero409

    2 years ago

    Kash & Money

    Kash doesn't think he did anything wrong because he's like the rest of the LIbERalS, he wants his retirement pay. By that I mean his appointment to a Directorship of a multinational corporation. A goal all good LIbERalS have. I have said and I say again, follow the money!

  • Jeffrey J.

    2 years ago

    Basi/Virk: History Repeating Itself

    Based on Mr. Tieleman's incredible coverage for the past 7 years, we know that Basi and Virk appear to be fall guys for the real decision makers behind the offence. Every aspect of the Basi/Virk case supports this. They were expected to take a bullet for the family, but refused. Good for them and I salute their courage.

    Are Barinder Sall, Satpal Johl and Dinesh Khanna expected to do the same? Probably. I hope they are allowed the same choice as Mssrs. Basi and Virk and if so, they need to immediately contact defence lawyers Michael Bolton and Kevin McCullough for the top notch representation these courageous lawyers have provided to their clients.

    Kudos to all of those who have stood up to the authoritarian Liberal party that is systematically destroying a once great province!

  • Skywalker

    2 years ago

    Jeffrey J.

    I think you are on to something. Maybe they have not yet figured out that if they take the bullet they are "dead". They won't be able to hold any other political position, ever and any expectation of a political appointment will be so obvious that they won't even be considered. No one will run the risk.

  • mary jane

    2 years ago

    Not wanted

    If gordo wants him it can't be good
    Get rid of him soon

  • SharingIsGood

    2 years ago

    morality/ethics

    I wonder why Mr. Heed does not resign as an MLA? Certainly, he has gotten into the Legislature with more than a little possibility that it was through election fraud. Where is his moral fibre; where is the ethics of "Mr. Law and Order"? Though I can never imagine myself in a similar circumstance, if I were, I would be so humiliated that I would have to resign. Then again, I would have had to resign years ago if I were elected as a BC Liberal under Campbell and he refused to resign after his drunk driving affair. (Pun intended)

  • G West

    2 years ago

    Good point Sharing!

    Chief Heed didn't hesitate to 'really' resign as West Vancouver's Chief of Police when he was imminently subject to an investigation he could avoid because BC had such a lame and pathetic Police Act at the time...

  • crankypants

    2 years ago

    Suspicious mind

    What Heed knew or didn't know during the last election campaign will likely never known unless one of the Barinder Sall or one of his cohorts throws him under the bus, so to speak.

    My concern is that Terrence L. Robertson made his ruling on the case public before he decided to recuse himself. If the new special prosecutor sees things differently, can the accused use Mr. Robertson's findings to their advantage? If the new SP decides that Heed should be charged with an offence, could his lawyers call Mr. Robertson as a witness for Mr. Heed?

    In my opinion, Mr. Robertson has already succeeded in doing what he set out to do, which is to pull the rug out from under this whole fiasco. The simple fact that he had personally contributed to the BC Liberals made it obvious that he has partisan views.

    Will we ultimately see justice or a concerted whitewash of this whole issue?

  • Van Isle

    2 years ago

    The only way that the whole

    The only way that the whole sordid act will have an honest outcome is if 1 or both of the accused 'sings' that Kash was in the know.

  • morechatter

    2 years ago

    Robertson Jumps Ship

    Because he wanted to save himself from drowning in the sea of controversay that is about to unfold as many of those nagging questions come to light. I to could not understand how the RCMP could let Robertson go ahead despite knowing he was a personal contributor to Heed's campaign as RCMP make laughing stock of BC legal system. What where the motives of Kash campaign manager that he would resort to criminal behavior? What was in it for them? Had to be something as police are always looking for motive and I am curious too!

  • morechatter

    2 years ago

    What Was the Payoff

    The campaign manager gets paid either way win or lose and so did everyone else who has been charged so what was in it for them? Why would the criminal parties risk everything so Heed could be in office as the only one holding all the goodies is Heed.

  • morechatter

    2 years ago

    And #5 Take me to your leader

    Well I think we all know the answer to that as it wouldn't be a surprise if our fine leader was the master mind. Just my intuition as it has all the makings of Campbell sure win to victory as he is the type of guy who will resort to anything to win. And its why the big guys backing him. It was if Campbell got caught in the proveral cookie jar only he was going for a justice minister who dosen't have a problem with obstructing justice. I do believe its why he qualified for the job. Its an oponion just like the rest but I don't know its looking good for a system that is suppossed to uphold the law and not hold up the law.

  • ChrisB

    2 years ago

    While I'll agree ...

    ... that this case is another in a growing list of political problems for Gordon Campbell and the Liberals, I believe what really needs to be examined is the Ministry of Attorney General, and not just the Criminal Justice Branch, but the entire bureaucracy. It appears to be the most powerful institution in the province and quite out of control.

    All the parties are now in damage control mode. The Law Society will do a little investigation and give Robertson a slap on the wrist. De Jong and Co. are going to ruminate about what changes need to be made to the special prosecutor process. How long will that take?

    It looks like Heed's days as an MLA are numbered and the NDP have as good a shot as they'll ever get at taking that riding when it's next up for grabs. That's not of any consequence to people like me, who won't vote at all if the only choice is an NDP or Liberal candidate.

  • Frank

    2 years ago

    ChrisB

    Was there a single riding last election that had only two people running in it? If one doesn't like the Libs nor the NDP one can usually find a third option.

  • Hermans Hermit

    2 years ago

    Vision BC Will Be the New Political Upstart

    Anyone dumb enough to vote for Gordo or that other stupid woman - what's her name - deserve what they get. The future Vision BC will be the answer to most people's angst and bring the record low voter turn-out back up.

    "Ian Baillie, who was named Vision’s executive director in March, told the Straight that he gets asked “almost everyday” by just about everybody about this matter."

    “People bring it up to me not in a negative way but more in a hopeful way,” Baillie said by phone, when asked what has become of talk of Vision going provincial as an alternative to the NDP."

    GO GREGOR GO!

  • Frank

    2 years ago

    Gregor

    He SHOULD run for premier as the head of his own party. His ego is too big to serve in anyone else's party and its always a good thing to have more choice available although I think even if we had 100 parties non-voters would still find excuses not to vote.

  • ChrisB

    2 years ago

    Frank

    "Was there a single riding last election that had only two people running in it? If one doesn't like the Libs nor the NDP one can usually find a third option."

    So I should have voted Green or ...? Given the state of our so-called representative democratic system, in my view voting is a waste of time. I'm putting a lot of time and effort into trying to change the system fundamentally - admittedly my motivation comes from having a personal axe to grind but so what?

    As for Vision going provincial, surely that has to be a joke. What is Mrs. Geoff Meggs, aka Jan O'Brien doing running the NDP if that is the real agenda? Oh right, she's in there to engineer its demise. Well, they sure picked the right person for that job.

  • Frank

    2 years ago

    ChrisB

    Don't take offence but it gets a little disheartening to hear people complain about government, comment on what they'd like to see and yet turn their back on voting.

    I'm happy to admit our electoral system sucks, its why I supported STV, but its all we have. We had the chance to get a new system and many of the same people who said the system is bad didn't even show up to vote in that referendum either.

    How will we ever get change if no one shows up to vote for it?

    As for the particulars of your post, yes, vote Green or Work Less or whatever. There must be someone out there who represents you to a greater degree than the others.

    And as for Vision, I'd be more than happy if they either shit or get off the pot. Anything would be better than staying in the NDP tent but spending all their time complaining about the NDP. They should go form their own party and see if everything they claim will turn out to be true in the real world.

  • crankypants

    2 years ago

    Voting for a party

    Voting for any specific political party is a waste of a vote. What they say during an election campaign and what they do when elected are often two different things.

    Once in power they become self-serving hypocrites. Even the few candidates that get into the game with good intentions fall victim to the reality that they must either toe the line or be ostracized.

    Our elected types are so honourable that they use every means they can to keep the electorate in the dark about as many things as possible. Just today it was announced that the Conservatives, Liberals and NDP refused Sheila Fraser the right to audit the MP's expenses on the federal scene. Only the Bloc supported her request. Considering that they spend over $500,000,000 of taxpayers money annually, one would think that they should have the decency to account for this size of expenditures.

    Our political system, both federally and provincially, is nothing but an old boys club. It is designed to be nothing but a self-serving and unaccountable institution.

  • Okanagan Orchardist

    2 years ago

    Perhaps slightly off topic, however…

    The last local election in the little town of Summerland had much the same things happen that are found in the Heed case. A third un-named party spent thousands of dollars on ads denigrating candidates running on a “smart growth” platform and supporting a “slate” that was eventually elected. The “slate” realized they would have to include the value of the ads on their financial disclosure sheets---however, they didn’t bother to consider that as anonymous contributions, it put them well above the limits in that category. Dum de dum dum. Another law broken was by the un-named party, as he (Mark Ziebarth) had not registered. So we waited a few weeks to see if any apology was forthcoming from mayor, council and Ziebarth. All proclaimed their innocence. A complaint was made with all sorts of supporting details to the RCMP on both the elected candidates and Ziebarth. The RCMP’s reaction? Sorry, folks, you are a couple of weeks late with this. Our reaction? Isn’t a crime a crime even though you don’t catch the criminals until a few weeks beyond some arbitrary deadline?

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