Basi-Virk defence hammers at secret Erik Bornmann immunity deal to be key Crown witness, alleges it was cancelled over Bornmann actions at one point

AFTERNOON BC SUPREME COURT UPDATE

More fascinating defence allegations again this afternoon.

And you know there is blood in the water when sharks show up all the way from Victoria!

NDP MLAs Leonard Krog and Mike Farnworth, critics for Attorney-General and Public Safety respectively, attended court today to take in the proceedings.

Krog told me this afternoon that: "The Premier's office, the BC Liberal Party, the Crown and the RCMP all have a lot of questions to be answered about this case."

Kevin McCullough, defence lawyer for Bob Virk, raised several more issues this afternoon about the deal with key Crown witness Erik Bornmann, including detailed references to a news story I wrote in 24 hours newspaper last year revealing that Bornmann was articling to become a lawyer in the major Toronto law firm of McCarthy Tetrault.

Bornmann left McCarthy Tetrault after the story appeared. McCarthy Tetrault and Bornmann had at least one thing in common - their strong support for former Prime Minister Paul Martin.

McCarthy Tetrault donated over $100,000 to Martin's federal Liberal leadership campaign, while Bornmann was a key backer and organizer in BC.

Late in the day McCullough raised a controversial email alleged obtained from the computer of PilotHouse Public Affairs - the provincial lobby firm owned by Bornmann, former Province columnist Brian Kieran - another key Crown witness - and Jamie Elmhirst, former Liberal Party of Canada BC president, who has been subpoenaed to testify in the case.

The email between the three lobbyists allegedly discussing then-Deputy Minister of Finance Paul Taylor, now ICBC CEO, and how he provided advice to Kieran during a fishing trip on how to sign up the BC Automobile Dealers Association as new clients.

That email, leaked to me at 24 hours but not published, later found its way into the Globe and Mail newspaper. As I've previously reported, I have declined a request from the RCMP to tell them where I obtained the email.

More later at this blog.

EARLIER REPORT FILED AT 1 P.M.

The defence in the trial of former BC Liberal government ministerial aides David Basi and Bob Virk today alleged the Crown has deliberately refused to disclose details of a secret immunity agreement with key Crown witness Erik Bornmann.

And Kevin McCullough, lawyer for Virk, alleged in BC Supreme Court that Special Prosecutor Bill Berardino actually cancelled an immunity deal with Bornmann after the former provincial lobbyist implicated in the BC Rail deal told media he had been cleared of any wrongdoing by the RCMP and Special Prosecutor.

But McCullough says that ultimately the deal was not terminated and alleged that both the RCMP and the Special Prosecutor allowed Bornmann to falsely claim he had been exonerated in order to continue his highly-paid business lobbying the Gordon Campbell government for corporate clients.

These are defence allegations only, unproven in court and the Crown has not yet responded to them. The defence is arguing a disclosure application before Justice Elizabeth Bennett.

McCullough alleged that Bornmann's statement to media that he had been exonerated was false.

"Mr. Bornmann had bribed public officilas, had made submissions that he had committed criminal offences," McCullough alleged.

McCullough also alleged that the Special Prosecutor had been "stonewalling" all defence requests for details about the deal, why it was apparently cancelled in a phone message to Bornmann's lawyer and why despite knowing Bornmann had not been cleared neither the RCMP nor Berardino corrected the record.

"When the Special Prosecutor chose to cut the immunity deal with Mr. Bornmann they were obligated to disclose the details," McCullough said. "It's an absolute stonewall to providing that information."

On Tuesday in court Janet Winteringham, Berardino's associate, had objected to McCullough's characterization of Berardino's conduct in the case, saying it amounted to an allegation of "prosecutorial misconduct."

McCullough also said it was strange that the RCMP had never requested the financial or tax records of Erik Bornmann in their investigation.

McCullough said that Aneal Basi, a former government communications aide alleged to have laundered payments by Bornmann to David Basi for confidential government information on the BC Rail deal, was actually issued a T-5 income tax receipt by Bornmann but that was never sought by RCMP.