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NDP Wants New Probe into Heed Spending
Kash Heed campaign manager Barinder Sall, admitting guilt, alleges more campaign overspending. Heed issues denial.
BC Liberal MLA Kash Heed: 'Move forward.'
BC Liberal MLA Kash Heed's 2009 campaign manager, Barinder Sall, is alleging additional election overspending took place -- and the NDP is calling for a new investigation after Sall pled guilty Friday to Election Act violations.
Sall alleged in media reports since sentencing that "close to $40,000" in election spending was not accounted for, on top of $5,500 in overspending Heed has already admitted to and been fined $11,000 for.
Sall also alleged that additional amount includes two cheques for $6,000 issued to him and campaign worker Sameer Ismail from Heed's government-funded constituency account a month after the election.
That issue was first raised by 24 hours newspaper and The Tyee last month but not discussed in court Friday.
Forensic audit ruled out Sall's version: Heed lawyer
Heed's lawyer, David Gruber, in an interview Monday, strongly rejected all Sall's allegations.
"Mr. Sall is telling people there was $30,000 or $40,000 extra spent. In the forensic audit Blair Mackay Mynett did, I'm confident they would have found any other overspending," Gruber told 24 hours and The Tyee, declining further comment.
Both NDP MLA Leonard Krog and Heed's 2009 NDP opponent Gabriel Yiu are calling for a new Elections BC investigation.
B.C. Solicitor General Shirley Bond told Krog in the legislature Monday to contact the police if he has new information.
Elections BC's Don Main acknowledged receiving the requests but had no comment.
Repeated messages to the BC Liberal Party communications director, Jehn Benoit, were not answered by deadline.
Heed campaign manager's plea bargain
Sall admitted to wrongdoing in a guilty plea bargain deal that saw serious Criminal Code obstruction-of-justice charges dropped that could have brought up to a 10-year jail sentence.
Instead Sall was fined $15,000, given one year's probation and ordered to perform 200 community service hours.
The charges came after Heed's campaign distributed a vicious and inaccurate leaflet trashing the NDP but didn't report the costs -- exceeding election spending limits.
Sall and the leaflet mailing firm owner, Dinesh Khanna, admitted lying to mislead RCMP and Elections BC.
Khanna was fined $6,000, given 90 days probation and 50 hours of community service.
But no explanation was made in court about the $6,000 in cheques paid to Sall and Ismail.
Sall alleges in media reports he used the constituency account money to pay for the leaflet.
But Gruber told 24 hours last month that Heed signed both cheques because he "understood the cheques to be for services rendered to the constituency office."
'Matter is over... move forward': Heed
And late Monday Heed issued his own statement saying: "This matter has been thoroughly examined and a forensic audit has been conducted. The matter is over and it is time to move forward."
During sentencing on Friday, provincial court Judge Joe Galati told Sall and Khanna that: "They should consider themselves fortunate in the outcome of this case. Both of them, but especially Mr. Sall, had taken actions to circumvent the laws."
But Galati said he took into account that both men had no criminal record, showed remorse, were of past good character and had pled guilty, making a three-week trial unnecessary.
Yiu said outside provincial court in Vancouver that he was "very disappointed in the sentence," while NDP MLA Bruce Ralston said the case leaves Heed's legitimacy as an MLA in doubt.
"The laws were broken outrageously," Ralston said. "Voters must be asking themselves if it was a fair election."
'Sad precedent for democracy': NDP's Yiu
Yiu was even more critical about the whole situation.
"This is a sad precedent for democracy in B.C. -- will the RCMP actually spend the time to investigate Election Act violations in the future?" Yiu asked.
In court, Special Prosecutor Peter Wilson outlined the details of the plea bargain and how Crown and defence counsel had agreed to a statement of facts in the case.
The charges came after a complaint from the NDP when a Chinese-language leaflet appeared in the riding falsely claiming that the party would legalize cocaine, heroin and prostitution as well introduce a "death tax."
The statement of facts also says Sall arranged for $5,900 worth of radio advertising on Fairchild and AM 1320 -- Chinese radio stations -- and disguised the expenditure as third-party advertising by two persons who did not sponsor the ad. Sall paid for the ads through his business.
Sall a convicted 'pariah': judge
Sall's lawyer Richard Peck made a lengthy statement about the significant negative impact the charges had on Sall's reputation and ability to earn a living.
"This has been terribly depressing for him. He was on the cusp of signing a very significant consulting contract when this broke -- he did not get the contract. He has not been employed since April 2010, has incurred substantial debt, spent his life saving and some of his RRSPs and has been shunned by organizations he was involved with," Peck said.
Wilson agreed in his summation, explaining in part why he agreed to the sentencing deal.
"Mr. Sall has become a pariah in the community," Wilson said.
Khanna's lawyer David Unterman also said his client, owner of North American Mailing, has suffered since the events of May 2009.
"His business has become terrible as a result," Unterman said, noting that Khanna was "relatively unsophisticated with regard to the Elections Act."
Sall and Khanna were both given two years to pay their fines.
[See similar Tyee stories in: Politics and Rights and Justice.] ![]()




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Dan the socialist
29 weeks ago
Will Christy Clark allow
Will Christy Clark allow this? I wonder if Kash Heed is the only Lieberal to do this? The BC libs seem to have many shady snake oil salesman.. I just wonder if this may or may not be the top of the iceberg so to speak? These so called BC Libs are shadier than Chretien or Mulroney if you ask me...
Skywalker
29 weeks ago
Now if the MLA had a deck built...
..and if the MLA was NDP, the RCMP and the media would be crawling all over this issue like fleas on a dog. As anyone knows the rules don't apply to BC Liberals.
Fish-counter
29 weeks ago
Yet another bad, BC cop
What is new?
These bastards-in-blue should be kicked out of the province, with their pants around their welted backsides.
Henry Dorsett Case
29 weeks ago
BC Liberals are blatantly corrupt
"B.C. Solicitor General Shirley Bond told Krog in the legislature Monday to contact the police if he has new information."
...how about this:
"BC Liberal MLA Kash Heed's 2009 campaign manager, Barinder Sall, is alleging additional election overspending took place...close to $40,000" in election spending was not accounted for, on top of $5,500 in overspending Heed has already admitted to"
ForTheHacks
29 weeks ago
I just heard the good news...
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ForTheHacks
29 weeks ago
Sorry but in my glee
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igbymac
29 weeks ago
No need to ask, Bruce Ralston
"The laws were broken outrageously," Ralston said. "Voters must be asking themselves if it was a fair election."
C'mon now, Bruce. You know that I know that you know elections are never fair. The vote, like our conscious, is a commodity.
As for Heed, he's been outed publicly as a sketchy character for years. It just doesn't seem like this sort of thing concerns most folks. In fact, akin behaviors are almost necessary characteristics to rise up the ranks of power in the military, police or politics.
Of course there are a few exceptions. Very few, indeed.
pianosaurus rex
29 weeks ago
names please
“Yeah, I want Cash Heed gone. He isn't fit to be in the same caucus as some of the heroes that work for it and are members w/ honour.”
Please post some names of the “caucus heroes” that you so richly endorse. The ones with “honour”
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ForTheHacks
29 weeks ago
P Rex...
MLAs: Kevin Falcon, Mary Polak, Stephanie Cadieux & Christy Clark - and that's just getting warmed up
Staff: Maclean Kay, Stephen Harris and all the rest
igbymac
29 weeks ago
ForTheHacks, you should try
getting a little off-shore before trolling.
Christy Clark is knee-deep in the BC Rail scandal, just to start, and you have the audacity to put her in the 'honourable' camp?
Thanks for outing yourself so early.
pianosaurus rex
29 weeks ago
Just as I thought
Have a good time in Technicolor dreamland HTH.
Igbymac,
Not even worthy of engagement. Onward to other debaters/commenter’s and their points of view…
crankypants
29 weeks ago
Maybe
Maybe the real story here is not the cast of characters, but the solution brought forth by the Special Prosecutor, the courts and Elections BC. They have all set a precedence that should be the template for any future situations of this type and does not bode well for candidates adhering to the rules, no matter which side of the political spectrum they represent. The BC Liberal Party and their supporters may feel as if they won something here but there will be future elections and how will they feel when one of their opponents does the same thing and is rewarded for flaunting the rules. As far as Elections BC is concerned, they may as well burn the rulebook and just allow the candidates to do whatever they wish in their quest to get elected.
We have once again been shown that rules and laws are nothing more than a suggestion and the only real suckers are those that abide by them.
Jeffrey J.
29 weeks ago
Kudos to Mr. Tieleman
Bill Tieleman remains one of BC's top investigative journalists. Tenacious. Courageous. And informative.
Mr. Teileman has been highly praised by many, but it is always amazing to watch as even right-wing writers recognize Tieleman's tenacity. Latest accolade just out. Well worth reading.
http://alexgtsakumis.com/2011/11/02/basi-virk-will-the-boil-finally-be-lanced/
Keesh
29 weeks ago
Well Done Bill Tieleman
Another great article. Kash Heed only got a slap on the wrist for his wrongdoing. The question needs to be asked why the Chief Justice of the Supreme Court of B.C. had to hear the case against Kash Heed. The Chief Justice is a political appointment for the most part.
The Chief Justice knows what the political masters want and tries to get them that. This is why chose to himself preside over the Kash Heed affair and gave the desired result so the Liberals wouldn't be too damaged.
zalm
29 weeks ago
not to minimize all the good writing on this subject
...but there's a really good reason this has become an issue at all, and I wish Bill and especially Ian Mulgrew of the Sun had addressed it.
"The charges came after a complaint from the NDP when a Chinese-language leaflet appeared in the riding falsely claiming that the party would legalize cocaine, heroin and prostitution as well introduce a "death tax."
This is the biggest problem. There are many citizens in our town who cannot uphold the duties of citizenship and carry on a debate in either one of our native languages.
As long as this remains uncorrected - as long as learning English or French remains too much trouble - political sluts like Kash Heed, and Barinder Sall - and dozens of others in all parties and at all levels - will continue to play ethnic cards in their political high-stakes poker games, cards that are not only difficult to read, but rarely subject to scrutiny, even when they win big hands.
This waiting a generation or two for the kids to be raised in English and adopt the thinking of the Enlightenment before old-country prejudices get left behind is for the birds.