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
BASI-VIRK
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 ......
UPDATE 1
The following statement was just received from MLA Dave Hayer:
Dave Hayer
News Release
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."
-30-
UPDATE 2
ICBC has just contacted me to say they will not comment either because this matter was raised in the courts.
23 comments:
How many Campbell government MLAs have been under investigation by the RCMP?
Why was the public not informed?
Does the ICBC matters involve Paul Taylor?
This is very troubling and flies in the face of "no elected officials are under invesitgation."
Anon 11:46 you ask
"Why was the public not informed?"
but the public was informed. By the Premier himself. He said no government officials were under o almost five years after the fact the defense has proved that even in the ledge case this sitting premier cannot open his mouth and tell the truth.
Bill:
So…we have further more proof that the RCMP lied when they stated that “no elected officials were under investigation”. This, of course, once again raises interesting questions about the RCMP’s “special” relationship with the Premier and the former Solicitor General.
But the more interesting question is: Why did Mr. Seckel fail to appoint a special prosecutor to investigate this allegation?
In other words: What did the Deputy Attorney General know and when did he know it?
Bill,
More questions for this Special Prosecutor:
1. Why didn't the Special Prosecutor not notify the Provincial Governement about the activities and allegations made regarding Jamie Elmhirst and Brian Kieran?
2. Why didn't the Special Prosecutor not notify the Law Society of Upper Canada about the statements made to the RCMP by Erik Bornmann?
3. Did the Special Prosecutor notify the Goverment about the investigation regarding Dave Hayer?
Once again we are witnessing a troubling series of events where Bill Berardino is not serving the public interest by notifying the various public bodies of these actions.
Dave Hayer can't comment because the issue is before the courts.
Who writes this stuff ?
It must be Stone-Walley !
At this point it may be better asked, who in the BC & Federal Liberal Parties isn't under investigation . . . or isn't a crook ?
The best solution is forget the courts, just call the ORKIN MAN to exterminate all of this vermin.
The GREAT SATAN
For the record, the defence lawyers are not simply making "allegations".
The admission that MLA Dave Hayer was under RCMP investigation came from RCMP documents disclosed on Monday.
This is not a case where lawyers are drawing inferences or making caims without any source. The investigation of Dave Hayer, BC Liberal MLA came from the RCMP documents.
The RCMP and the Special Prosecutor need to explain what the hell is going on here.
Bill this is yet another bizarre and troubling twist in this warped saga.
We now have irrefutable evidence from rcmp documents of a cover-up invovling a member of premier campbell's government!! Correct me if I am wrong but didn't the rcmp state several times that "no elected officials are under investigation". The truth has been exposed for all to see, not only was the former Minister of Finance Gary Collins under investigation but the MLA from Surrey, Dave Hayer was also under CRIMINAL investigation.
I have one simple question for the Premier of the Province of BC;
WHAT DID THE PREMIER KNOW AND WHEN DID HE KNOW IT????
So Hayer sez:"I am unable to comment on anything that comes out of any case that is currently before the courts."
I'm shocked whood da thunk?
I guess he must attend StoneWally's seminars covering Obfuscation 101 for Dummies!
Thanks Anon-O-Above @ 1:50pm.
Just to clarify.....does your statement that the RCMP documents were 'disclosed' in court on Monday mean that they are now publically available for viewing and/or that the precise wording of who was investigated and for what was enunciated in the court room?
Thanks again.
.
Being a bit of an old dog I remember most fondly the Black & White "Untouchables" TV series from the early 1960s.
Each week Robert Stack as Eliot Ness . . . kicked politically-incorrect ethnic criminal butt all through Chicago.
The narration by real life 1930s & 40s crime reporter Walter Winchell made it even better.
Watching BC Premier Al Capone and the rest of his temple mob of gangsters loot the BC treasury seems like just a lot of 60s nostalgia.
Bill you should get your own TV or radio show and do a Walter Winchell gig.
The GREAT SATAN
This is off topic, but still might be of interest.
I follow american politics too closely for a 'good' Canadian, but there are a few commomnalities between us and the US.
For instance: Did you know that the republicans routinely used non-government email accounts to do official government business? This illegal use of outside email accounts was first brought forward a few years ago in regards to what was happening in DC.
Now republican Vice-Presidential candidate Sarah Palin has brought the issue to the fore again with the revelation the she used Yahoo accounts (gov.palin@yahoo.com and gov.sarah@yahoo.com) to do official business with. [more info on wikileaks.org]
All of which makes me wonder if those BC Liberal scamps have, yet again, borrowed a page from their american cousins and are 'hiding' emails in non-government accounts to avoid FoI requests? --> Sorry folks, nothing in our email system that covers the info you want.
There is truth, and there is the whole truth!
Dave hayer and Campbell will be in Surrey on Thursday Sept 18, 10:00 am at Surrey memorial hospital:
East Building
South Lounge, adjacent to the Cafeteria
13750 96th Avenue
Surrey
Media should ask him face to face
The Premier will also be at the Surrey Sheraton Guilford Hotel, at noon, Thurs Sept 18th., to give a keynote address at the Surrey Economic Summit.
The morning keynote address will be by Mayor Rudy Giuliani who is flying in for the occasion.
As soon as Rudy's done, that should pretty much empty the building for lunch...considering the Premier, after curing any insomniacs, will be unavailable for a whole slew of appropriate questions, including on this latest fiasco over more Basi-Virk nonsense, and see today's 24hrs. for exceptional coverage by our colleague Sean Holman, on the travesty that is the MCFD. More embarrassment, more questions.
As usual, the Premier will "adjust his messaging".
Try, ducking out the back door. What a contemptible disgrace.
It just amazes me, or pisses me off, that so much corruption is tolerated!
WE need to bring the federal government into account with regards to public safety in BC! The province won't respect their citizens needs,& IF STOCKWELL DAY WON'T HOLD THE RCMP ACCOUNTABLE(?), then Peter Mackay should be called in!
This sort of reminds me of the time that the socreds started to implode as assorted members were being watched or when Lyin Brian has similar problems. People do eventually get tired of crooked or percieved to be crooked politician doing whatever they wisht to do. Their big supporteres of course never say anything in public, but those middle group of voters that swing elections are the ones who will do something.I never heard of a voter who ever votes socred, but somehow they kept winning. This court case has more twists and turns than a movie but hopefully the judge is getting disturbed by what she sees as well.
Pure and simple corruption.
The RCMP needs to be accountable!
Who would have thought, that good, doesn't prevail over bad!?
Only in Canada, eh!
Good cops should rise up and take back their authority. Why give it so freely to the US?
Answer to Gazetteer - no. No evidence is produced at pre-trial hearings that might be examined by the media or public.
This is a challenging part of reporting the story - allegations are made in court, defence lawyers quote from what they say and I have no reason to disbelieve are RCMP or government documents disclosed to them as evidence - yet we can see them.
That will change when - or if in this case - the actual trial starts.
But until then, it's just what the media and public can hear in court.
.
"Just what the public can hear in court" ... !!
Please, folks, go into court next time. Be there. Watch the players. Listen. Get fully informed. By being there, you let the judge and the lawyers know that the public cares.
Next pre-trial hearing is "next week". To discover exactly when, click onto the "Van Court Direct" link on my blog. Or on House of Infamy. The listings are updated at 6:30 AM on the very day of the hearing.
Law Courts Building. Smythe Street. Vancouver.
It's up to us, it looks like.
.
Thanks for the clarification Bill.
And regarding Anon @ Big Ol' Jet Airplane's (ie. 7:47) comment above about the Rovian use of outside rather than govenment Email accounts.....
Not sure if that is going on to any great degree in the current BC government but, if I'm not mistaken, did not a certain content consultant who likes to wear many different hats make it his policy to not write things down so that he couldn't be called on to explain them later?
.
Bill,
Where in the Crown Counsel Act do you find the sections that imply this:
Whenever an MLA is investigated a Special Prosecutor must be appointed.?
I'm not saying it's not so, I'd just like to see chapter and verse.
My reading of Sections 6, 7 and 8 indicates that the ADAG has an awful lot of discretion in such matters.
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.
Special prosecutors
7 (1) If the ADAG considers it is in the public interest, he or she may appoint a lawyer, who is not employed in the Ministry of Attorney General, as a special prosecutor .
(2) A special prosecutor must carry out his or her mandate, as set out in writing by the ADAG, and in particular must
(a) examine all relevant information and documents and report to the ADAG with respect to the approval and conduct of any specific prosecution, and
(b) carry out any other responsibilities respecting the initiation and conduct of a specific prosecution.
(3) If the ADAG appoints a special prosecutor , the ADAG must advise the Deputy Attorney General
(a) that a special prosecutor has been appointed, and
(b) the name of the special prosecutor .
(4) If, after a special prosecutor receives the mandate under subsection (2), the Attorney General, Deputy Attorney General or ADAG gives a direction to a special prosecutor in respect of any matter within the mandate of the special prosecutor , that direction must be given in writing and be published in the Gazette.
(5) Subject to the mandate given to the special prosecutor by the ADAG or to a directive referred to in subsection (4), the decision of a special prosecutor with respect to any matter within his or her mandate is final, but a decision not to approve a prosecution may be appealed by a law enforcement officer under the process established by section 4 (4).
Delay in publication
8 (1) The Attorney General, Deputy Attorney General or ADAG may direct publication in the Gazette of those matters referred to in section 5 or 7 be delayed if to do so would be in the interests of the administration of justice.
(2) A delay under subsection (1) must not extend beyond the completion of the prosecution or matter or any related prosecution or matter.
Thanks to G West for raising a good question - I believe that the word "must" in my article overstates the case but it has been accepted practice in BC for many years.
Special prosecutors have been appointed in almost all cases where politicians, their relatives or government staff have been implicated.
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