Tuesday, June 16, 2009

More Patrick Kinsella documents, more delays in Basi-Virk "trial that never ends"

Whatever "business advice" BC Rail paid BC Liberal insider Patrick Kinsella $297,000 for has produced another 66 documents that the defence in the BC Legislature raid case wants access to.

And once again developments in BC Supreme Court have resulted in yet another supreme delay in the proceedings.

With 10 lawyers in attendance, Justice Elizabeth Bennett heard extended arguments from the defence, Kinsella's legal counsel and BC Rail's attorney

It all amounted to postponing resolution of the defence request for Kinsella's contracts, reports, payments and other documents for his work with BC Rail.

The pre-trial hearing of David Basi, Bob Virk and Aneal Basi - the three former BC Liberal government aides facing corruption charges regarding the $1 billion privatization of BC Rail - was told that because there are more documents related to Kinsella's work it would be premature to hear arguments from his lawyer James Sullivan on why some of them should not be released to the defence.

But Kevin McCullough, representing Virk, argued that if BC Rail agrees to providing the documents in their possession, Sullivan has no avenue to block it.

"If the Corporation [BC Rail] doesn't object to releasing the 66 documents, that's it - we get them," he told Bennett.

And McCullough questioned whether Sullivan can even make arguments about the BC Rail-held files.

"Does Mr. Sullivan have any sort of standing regarding BC Rail documents subsequent to their decision [on releasing them]? he asked.

Mike Bolton, representing David Basi, said "there is some merit in postponing our friend's response," referring to Sullivan.

Sullivan took the same view.

"I agree with Mr. Bolton - it is premature to make submissions in what is effectively the midst of document production. At some point we'll have to reschedule this hearing," he said.

And rescheduled it was, until July 23, with additional dates of August 18-20 also set aside for the Kinsella matter. The defence is also seeking Kinsella and his companies' own records in addition to BC Rail documents.

That delay led a frustrated New Democratic Party MLA Leonard Krog, in court for the hearing, to say in an interview that: "This is the trial that never ends."

The pre-trial hearing continues Wednesday with lawyer Ed Montague, representing 17 BC Liberal MLAs - including Premier Gordon Campbell - responding to a defence request for their emails related to the BC Rail sale.



Anonymous said...

More documents that BC Rail has from Patrick Kinsella?

I wonder if the delay allows for the government to review the material so that they are able to deflect and spin the message about the "consulting work" Kinsella did without commenting on a case that is before the courts.

BC Rail should hand the documents over - no more delay!

Eleanor Gregory said...

What do you mean, the "trial that never ends"? The trial hasn't started.

Anonymous said...

Another day, another delay, and yet another victory for the delay at all costs defence legal team who just racked up a few more thousand in billable hours. I wonder what they will go fishing for next….

DPL said...

Things are moving along. Just think of the books that will be written when this thing finishes. Too bad that unless someone ends up guilty we will be paying the shot for the efforts of all those "learned friends"

Anonymous said...

Further proof that democracy and rule of law has failed in British Columbia.

Our sociopathic premier and his gang of free-enterprise mafia in the cabinet, the party, the courts and police forces, and especially in our dirt-bag "beautiful" media have turned BC into a cross between Entertainment Tonight and the Third Reich.

Even the Iranians have figured out that if you want a better life you have to take it to the streets.


Norman Farrell said...

My ancient, aging granny says, "If they have nothing to hide, why are they working so hard to hide things."

Anonymous said...

Bill I had a good laugh when I read the comments from anonymous 6:41. The government staffers and their well connected friends who are feeling the heat have now resorted to accusing the defence lawyers of delaying the trial and for "fishing". I guess the proof is in the pudding so to speak. All our questions will be answered when we finally het the 66 documents that bc rail just found.
Maybe anonymous should call his friends in government and get his/her talking points ready for the next battle that's just around the corner, the one for emails from the premier and other ministers.
But then again, if they have nothing to hide they could turn all this over to the court and let the court decide what's relevant and what isn't. Seems to me that would cut through a lot of delay!

Anonymous said...

I'd take it to the streets myself,except, with a faslified police record and a life-time ban on my name, no media in the world will talk to me!
Know who the real terrorists are...
those who protect beautiful BC.

Anonymous said...

James Sullivan, a lawyer for Kinsella, said that the news of the B.C. Rail documents, generally e-mails, left him “very concerned.”

The above quote sounds like someone who may have some emails which raise more questions around the "work" that Kinsella did for BC Rail regarding the sale.

I trust that the Judge will find the emails relevant.

Kam Lee said...

Gordo is the ringleader of this cover-up. He is helped by the media, the courts, the lawyers, etc. If he is not guilty, why are they covering up so much. Let's go knock on his door, get past the 225 or so loopies and slaves within his office. Buck up gordo, be a man, not a filthy, slimy lier! We all know its you. Five years is way to long to keep the secret. Grow some balls gordo!

Anonymous said...

Thats right Anonymous 6:41. The delay is all the fault of those no good defence lawyers. After all weren't they responsible for that internal rcmp memo entitled "DO NOT DISCLOSE" - you know the one where the rcmp had a cosy chat with kelly reichart who then passed the message on to the premier about the investigation. You remember the memo don't you?

Darn those defence lawyers are so dastardly!!

And wasn't it the defence lawyers who came up with this "mystery witness" and appealed it to the SCC causing yet further delay?

Its probably the defence lawyers making up all those emails between "blabby deputy ministers" and their lobbyist friends.

You know the government and their friends have hit rock bottom when their spin doctors start blaming defence lawyers for delay.

Anonymous said...

2:03pm is clearly an idiot. What do you think the defence strategy is? It’s all about delay, delay, delay and glorified fishing trips with no facts and baseless allegations. You partisan nutjobs are wishful thinkers if you cannot see the obvious legal strategy being employed.

Mark my words; this trial is going nowhere.

Anonymous said...

To Anonymous 7:31 why don't you put your money where your big mouth is. Instead of giving us your uninformed hill billy nonsense why don't you ask Bill or a civil lawyer where this is going?

I will go one better, let's make a private wager with Bill Tieleman - he will keep my identity confidential and he can do the same for you. Why don't you wager all those chqs you collect courtesy of your good friends!

Its going to see the inside of a court room, there is no doubt in my mind.

By the way, how's your friend Brian er I mean Jethro?

Anonymous said...

To Anon 8:06

Take it easy on Anonymous 7:31. That kind of brilliant analysis is worthy of our respect. After all, only a brilliant mind like that could come up with such an earth shattering revelation devoid of any shred of evidence or proof.

Thats right, its all the defence lawyers fault. This whole thing could be avoided if they just went away.

He's probably one of those "insiders" that advised the government they would balance their budget lol!!

Anonymous said...

The stage for Basi\Virk ever going to trial has been etched in stone back in Ontario.


Crown lambastes judge in police-corruption case

Brief cites errors in dismissal of charges against Toronto officers
- Globe and Mail

Of course the headline out here in BC will be slightly different.

DPL said...

Bill will have to update the story before some anons start arguing among themselves, or threaten to beat each other over the head.
This court case isn't a popularity contest, its supposed to eventually get the folks sworn in and let the chips fall where they may. We are fortunate that some folks are trying to keep us up to date

Anonymous said...


I enjoy reading the many points of view posted by your readers. Some are more interesting than others. I wish to add some legal background so that the reader may understand how the defence application apply to the case.

The indictments facing the accused include accepting benefits from lobbyist. All the allegations stem from the government's privatization of BC Rail.

The issue of benefits are key in a breach of trust case. The Crown (Special Prosecutor) must prove that the benefits accepted by the accused are criminal in nature and that the accused were acting on personal interest rather than the political interests of the BC Government lead by Premier Gordon Campbell.

Having stated that background, let me give the reader a quick legal 101 of the applications by the defence regarding emails and benefits giving to MLAs and Cabinet Ministers.

The application, as I understand it, is for materials that are in the possession of the government not the RCMP or Special Prosecutor. The materials would be held by the BC Government and it's related agencies.

For example, if an MLA had received hockey tickets for the World Junior Hockey Championships held in Vancouver a few years ago, this would be covered by the application. The acceptance of the hockey tickets should be filed with the conflict of interest commissioner and/or the MLAs office as a memo. If the defence can establish a pattern where accepting of gifts and hockey tickets are an acceptable practice under the Gordon Campbell government then the accepting of a gift by the accused cannot be criminal in nature.

The defence application lists a number of specific benefits that may have been provided to MLAs and Cabinet Ministers. This strikes me that the accused know where the skeletons are and have some knowledge of the issues surrounding gifts.

The issue of delay has been commented a number of times. The law in this area is not clear, however I believe that the applications for materials outside the possession of the Special Prosecutor and the RCMP would NOT be part of the delay application from the defence. It would not be logical to claim that the documents from a third party (BC Government) regarding benefits to MLAs should be part of the Crown disclosure package. Remember that the RCMP were quick to state that no elected officials were under investigation.

The real issues regarding delay revolve around the Special Prosecutor's appeal to the Supreme Court of Canada on the issue around a secret witness and the many examples of non-disclosure that Justice Bennett has ruled on. That delay falls clearly at the feet of the Special Prosecutor.

While many will try to float various theories regarding the defence applications, it should be noted that given the outstanding decision from the SCC, the case would not even be in court until that matter was decided.


Anonymous said...

If anybody has any doubt whatsoever how utterly corrupt and dangerous the rcmp in BC have become go to the vancouver sun online and read about the stunning revelation of an email from Supt. Bent to RCMP Assistant Commissioner Mcintyre that clearly shows once and for all the tasering of Mr. Dziekanski was a pre-meditated act!

This directly contradicts sworn testimony under oath from not only all the rcmp officers involved but senior rcmp officers as well. It also contradicts their public statements as well.

This crooked bunch of corrupt unethical and morally challenged thugs with badges should be disbanded immediately in BC and a provincial force appointed forthwith.

The rcmp in BC have absolutely no credibility whatsoever, not one shred. For all the honest rcmp officers who serve with pride and dignity this is a very sad day indeed!

Sadly the rotten apples in this barrel outnumber the good ones. In addition, the stench from the rotten apples has started to affect the good ones as well. And whats the rcmp spin to combat this rcmp memo - the crown lawyer Helen Roberts stated "Bent was mistaken in his email". What a sick and pathetic bunch of individuals.

In a civilized society, when the police lose their moral authority to enforce the laws of the state, thats when our social and moral fabric begins to decay. Statutory authority without the moral authority to back it up means absolutely nothing.


DPL said...

The reason as I understand it, is that the horsemen work for lesser amounts that other forces. And of course they are a para military force as well. Mind you, if they finally get status as a union which has been fought against very hard by the senior boys, their price may go up as well.I've known a bunch of RCMP up to and including at least one Inspector. I trusted the ones I know and still do. Where they find the rejects is another story. Remember a few years ago, they shut down their training school so on reopening it, maybe they didn't check too closly on just what sort of guys and women they hired.

Anonymous said...

It has been an interesting week of email and document disclosures . . . first with the Kinsella League of Greed and now with background emails on the "premeditated" actions of the YVR Gestapo (sorry RCMP) to the inquiry.

These same police-liquidation actions were officially endorsed by el Presidente Campbell & General de Justice Stone-Wally within days of the YVR Tasering.

Pure & simple Government & Justice in BC has failed.

British Columbia has much more in common with "Columbia" the narco-nation and other 3rd world dictatorships than anything to do with the British nation or culture.


Leah said...

Perhaps one of the reasons for delay, obfuscate, obstruct is to take the taxpayers eye off the one hope they may have left:

July 14, 2009...one of two things can happen. (a) CN takes possession of land from North Van to Squamish. OR - (b) BC Rail can be repossessed. As we've still not seen ANY Bills of Sale or other legal documentation almost 5 years after said sale...I'd say it's time to repossess.

Thanks to BC Mary for that info...I've not seen it anywhere else!

Anonymous said...

WATERGATE 2009 . . .





Anonymous said...

O0opz... 4 years of email go POOF!

G&M - Mark Hume - "The provincial government may have destroyed all cabinet e-mails between 2001 and 2005, opening a huge gap in the official record despite a law that electronic files must be kept for at least seven years, the Supreme Court of British Columbia has learned."


DPL said...

Laws have never slowed St.Gordo and gang down. Reminds mwe of Ollie North back when the US was shipping stuff to Iran and he tried to delete all the files. Didn't work for Ollie and won't work for Gordo's buzy little beavers

Anonymous said...

The emails were Dobellisized. Hume's article was on the front page of the Globe. Don't see any mention in the Sun.