Sunday, September 13, 2009

BASI-VIRK - decision in BC Supreme Court Monday September 14 at 9 a.m. on Kinsella documents

Outgoing Justice Elizabeth Bennett is scheduled to rule on a defence application to gain access to the private records of BC Liberal Party insider Patrick Kinsella at 9 a.m. on Monday September 14 at BC Supreme Court.

Kinsella, the BC Liberals' 2001 and 2005 election campaign co-chair, was employed by BC Rail as a consultant for $297,000 over four years - including the key period when the $1 billion privatization took place.

Those records, it should be noted, are not the BC Rail documents which have also been requested.

I have unfortunately missed a few court appearances during my summer holidays - including word that the new trial judge replacing Bennett will be Justice Anne MacKenzie.

My legal sources tell me that MacKenzie has a background as a federal Department Of Justice drug case prosecutor prior to her appointment to the bench and a clear understanding of criminal law cases - which must be good news to the defence.

Mind you, few if any current BCSC justices could match the criminal justice background of Bennett.

That said, MacKenzie has her critics, most notably the RCMP over a case involving the Hells Angels and drug possession charges that resulted in a controversial acquittal of a full patch member.

"I am very, very disappointed," RCMP Chief Superintendent Bob Paulson, who headed the police operation, told CTV News. "I strongly disagree with the judge's decision."

The RCMP's estimated $10 million investigation had lasted more than two years and failed in its attempt to categorize the Hells Angels as a "criminal organization".

MacKenzie has also been the judge responsible for the extradition hearing of self-proclaimed "Prince Of Pot" Marc Emery on US drug trafficking charges.

I will be in BC Supreme Court for the decision and will post a story here when I have an opportunity later in the day.



Anonymous said...

Such an action would be the Basigate canary in the mineshaft for Campbell.

If, "AND I DOUBT" it will happen, a ruling by Bennett against Godfather Kinsella on this would likely provide the first smoking gun in nearly six years.

If Judget Bennett were to do this Premier Norman Bates will be following her into the political shower with a butcher knife.


DPL said...

Looks like the records will not become available, at least not right now.The stuff could come up again according to the articles read in other places. But Bill was in the room so I await his thoughts on the Judge's decision on Kinsella. Any one ready to head for the Appeals Court?

kootcoot said...

" Any one ready to head for the Appeals Court?"

IANAL, but I think we have to actually get to court (as in actually have a trial - which was originally scheduled for when?sometime in 2006, and then 2007....etc.) before it is possible to appeal anything!

But perhaps one should consult with the current government, because they know all about appealing any decision they don't like, at our expense. Of course they have it made, as even if they lose the appeal they have the option of just rewriting the law to make the whole exercise moot.