Stunning 100% win for Basi-Virk defence in disclosure application; Justice Bennett scathing on RCMP, Special Prosector

Justice Bennett criticizes "substantial failure to respect the disclosure rights of the accused"

It's not often one side in a court case gets everything it asked for a legal application but that's exactly what happened today in BC Supreme Court, where Justice Elizabeth Bennett granted every request made by defence lawyers for David Basi, Bob Virk and Aneal Basi - the former government aides facing serious charges in the BC Legislature trial.

Justice Bennett - in a 37-page written decision - effectively rips the RCMP and Special Prosecutor for failing to adequately disclose evidence to the defence.

"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 continues: " 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."

" In terms of police notes, I make the following order:

Every police officer or civilian who touched or spoke about this investigation, regardless of what branch of the investigation they were involved in and regardless of rank or role undertaken will review every piece of papter he or she has and ensure it is submitted to the Crown forthwith. This includes but is not limited to notes, briefing notes, continuation reports, e-mail and anything marked 'not for disclosure'," Bennett wrote.

Justice Bennett also ordered Special Prosecutor Bill Berardino - missing from the entire disclosure proceedings, including today - to provide written answer to questions from the defence on the immunity agreement with key crown witness Erik Bornmann, the former provincial lobbyist.

That agreement in particular will now see the light of day, after Special Prosecutors said there was no written deal - even though that his Crown policy.

Justice Bennett was unequivocal in her decision, which she read in court:

"There is no question that the defence is entitled to all of the details of any arrangement with Mr. Bornmann. Such arrangement is generally not protected by any privilege," Bennett wrote.

"There have been too many wrongful convictions based on informant information which was obtained in dubious circumstances. I do not make such a link at this time; however, that is the reason that the defence is entitled to full disclosure when dealing with immunity agreements," she said.

Justice Bennett also ordered that the defence have access to review seven file cabinets of information related to the drug charges file that first triggered the BC Legislature raid. While the defence will not be permitted to view the documents themselves, they will be able to know what documents are there and whether the documents have either been disclosed or marked not for disclosure appropriately.

More on this decision later on this blog and in 24 hours newspaper on Tuesday.

Both sides will be back in BC Supreme Court on Thursday June 7 at 10 a.m. to deal with further details and presumably scheduling for the defence's Charter of Rights application, as well as another defence disclosure application.

That application will ask for documents relating to the BC Rail privatization deal and could reach into very politically sensitive files right into the office of BC Premier Gordon Campbell.