BC Liberal MLA Dave Hayer cleared by police
Statements made in this article, while made responsibly when originally written, have been determined to be unfounded by the RCMP. The allegations were unsubstantiated. The file relating to the allegation has been closed. No report was made to Crown Counsel and the RCMP did not ask for a special prosecutor.**
** Note from Bill Tieleman - the headline and statement above have been posted on Saturday May 12, 2012.
ORIGINAL ARTICLE POSTED SEPTEMBER 17, 2008
B.C. Liberal MLA Dave Hayer was under police investigation as part of the B.C. Legislature Raid case defence lawyers for two former ministerial aides facing corruption charges alleged in B.C. Supreme Court Wednesday.
Michael Bolton, representing David Basi, former aide to ex-Finance Minister Gary Collins, told Justice Elizabeth Bennett that new disclosure of documents to the defence revealed that Hayer was investigated on allegations that he and Basi were attempting to have “assessments or collections” of money owed to the Insurance Corporation of B.C.
“We’ve now got disclosure of the Basi-B investigation. It turns out it’s an investigation of MLA David Hayer regarding collaborating with Hayer to forgive ICBC assessments or collections against some of his constituents,” Bolton said. “It appears that David Hayer was under investigation at one stage.”
“That investigation fizzled out but originally we thought only Mr. Collins was under investigation. Obviously Mr. Hayer and Mr. Collins were at various times under investigation,” Bolton said.
“That’s important information we’re getting years down the road,” he added.
Neither Hayer, MLA for Surrey Tynehead nor an ICBC representative was immediately available for comment. Hayer's office said he was travelling with a BC Legislature committee seeking input on the BC budget and would forward an interview request.
NDP MLA Mike Farnworth said the government needs to “come clean” on what happened.
“We’ve heard in the past that no elected officials were under investigation and this flies in the face of that. What have they been covering up?” Farnworth said outside court.
Bennett also heard defence complaints about the volume of disclosure of evidence and the status of Freedom of Information requests.
Outside court Bolton said the defence has waived the right to appeal FOI requests to the Freedom of Information Commissioner and asked Bennett to rule on them herself.
“We sought all information relevant to the B.C. Rail deal and government contact with lobbyists related to the deal,” Bolton said of the FOIs filed with the premier’s office, the ministry of transportation and other government ministries.
The court is scheduled to begin another hearing September 29 on the vetting of approximately 1000 documents related to solicitor-client privilege claims filed by the government.
Special Prosecutor Bill Berardino said outside court he hoped to work with the defence to significantly reduce the number of documents to be vetted and the time it would take.
Bennett suggested that both sides may wish to discuss the matter with her in court next week.
The court also heard that a Victoria court will begin hearing breach of trust and bribery charges against David Basi and two Vancouver Island developers in early January.
Bolton said Justice Ernie Quantz has suggested that trial begin January 15, 2009 over allegations that Basi, Tony Young and James Duncan attempted to remove land from the Agricultural Land Reserve for a housing development.
Whenever an MLA is investigated a Special Prosecutor must be appointed. That appointment is also supposed to be published in the British Columbia Gazette so long as it does not affect the investigation.
I have placed a call to Bill Berardino to determine if a Special Prosecutor was indeed appointed and if he was that prosecutor.
The Crown Counsel Act reads:
Directions from Attorney General on specific prosecutions
5 If the Attorney General or Deputy Attorney General gives the ADAG a direction with respect to the approval or conduct of any specific prosecution or appeal, that direction must be
(a) given in writing to the ADAG, and
(b) published in the Gazette.
Policy directive from Attorney General
6 (1) If the Attorney General or Deputy Attorney General wishes to issue a directive respecting the Criminal Justice Branch policy on the approval or conduct of prosecutions, that directive must be given in writing to the ADAG and, in the discretion of the ADAG, may be published in the Gazette.
(2) If the Attorney General or Deputy Attorney General wishes to issue a directive respecting the administration of the Branch, that directive must, if requested by the ADAG, be given in writing and may, in the discretion of the ADAG, be published in the Gazette.
MORE TO COME ......
The following statement was just received from MLA Dave Hayer:
September 17, 2008
A statement from Surrey-Tynehead MLA Dave Hayer:
"I understand that allegations have recently been made in a court case. Out of respect for the independent judicial process, I am unable to comment on anything that comes out of any case that is currently before the courts."