Friday, October 29, 2010

David Basi house arrest conditions tightened after alleged violation of release terms

Aneal and David Basi outside court October 18 with lawyers Erin Dance & Michael Bolton - Bill Tieleman photo

Only two weeks after his suprise guilty plea bargain suddenly ended the BC Legislature Raid trial in BC Supreme Court, David Basi reappeared before Associate Chief Justice Anne MacKenzie again and had his house arrest conditions tightened.


CTV BC reports that Basi was charged with violating the conditions of his sentence for breach of trust and fraud for passing on confidential government information on the $1 billion privatization of BC Rail in 2003.

CTV BC quotes Basi as saying outside court: "It was a stupid mistake."

Canadian Press is reporting that a ban on publication of the hearing was imposed by MacKenzie, who was the trial judge, but that she agreed to tighter restrictions on Basi that were requested by the Crown.

Basi was represented by his defence lawyer, Michael Bolton, while Special Prosecutor team member Andrea MacKay, Province court reporter Keith Fraser says.

Basi and Bob Virk, both BC Liberal government ministerial assistants in 2003, were sentenced to 2 years less a day house arrest under a set of restrictions that allow them to work, shop, exercise and attend legal and medical appointments. Aneal Basi - the third government aide facing money laundering charges related to benefits obtained by Basi and Virk - had his charges stayed.

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35 comments:

DPL said...

So how much are we paying for his legal beagle for Basi's "mistake". Wonder when he will get caught with another mistake? My God, why isn't the guy in the slammer

Anonymous said...

This sounds pretty fishy to me Bill. I can't wait to find out what the alleged violation is once the publication ban is lifted. I smell an rcmp rat!! Who else would have the gall to waste more court resources and time on this!!

Anonymous said...

BILL:

After seven years of political madness, legal dirty-tricks and just plain massive criminal behavior, what makes you think it would all stop with a sudden guilty plea 10 days ago!

As I told you years back, "everybody is dirty in this business" the cops, the politicians, the courts, the business community and especially the beautiful BC media.

Hell if the Virgin Mary came down from heaven on a good will visit to BC she would be working the streets at Main & Hastings within 24 hours.

The GREAT SATAN

Anonymous said...

What's is the alleged violation? Why all the secrecy? Makes one wonder if we are living under a totalitarian regime!

Anonymous said...

So, who is responsible for paying Bolton's fees when Basi breaches his conditions and has to appear in court?

Is he on the hook, or are we?

As for the publication ban...WTF?


This just gets more bizarre.

GAB

Anonymous said...

CBC TV seems to think this is because he gave them an interview outside of his own home - at Bobby Virk's place!

Norm Farrell said...

It seems he sat down for a TV interview with Bobby Virk, at Virk's house. Perhaps they were exercising together and did the interview during a break. Otherwise, should he be visiting a friend.

Other possibilities could include them now working together in a home based business or one of Basi's children attending a birthday party or other event at Virk's with Dad caring for his child.

My favored explanation though is that the judicial system is being sensitive to complaints that the house arrest was so lax it was effectively nonsense. This court appearance reported by everybody at the same time (who issued the press release?) seems to be good old fashioned window dressing.

I blogged more extensively about the need for Justice Mackenzie to go on the public record.

http://northerninsights.blogspot.com/2010/10/judges-must-be-seen-to-be-independent.html

Canadian Canary said...

A thought just occurred to me: Why was reporting of Basi's original sentencing not banned, but Basi's re-sentencing is banned?

Am I wrong in thinking that the media and others were allowed to report freely on Basi's sentencing?

It's not as if the jury is coming back; the trial is over.

So, why is the judge still continuing with a ban on publication (or imposing a new one), for something ostensibly so simple?

The stench, I can smell it starting to rise again...

Will we ever be able to trust a BC Supreme Court judge again?

Anonymous said...

I don't think there is an agency or a service, that isn't corrupt in BC. Campbell, Hansen, DeJong and the BC Liberals, have dirtied everything they have touched. We saw long ago, the corruption in the judicial system, and, the corruption within the RCMP. The people knew from day one, Campbell's corrupt sale of the BCR trial, was just another farce and was found laughable. I find it utterly amazing, how much people are willing to sell their souls for.

kootcoot said...

"It seems he sat down for a TV interview with Bobby Virk, at Virk's house. Perhaps they were exercising together and did the interview during a break. Otherwise, should he be visiting a friend."

Yeah, Basi and Virk along with Kampbell, Coleman, Les, Heed and ther rest of the cabinet should all be working out together in the yard at Okalla!

Anonymous said...

6:56 If you want to know what's going on, you, as a citizen of the world are entitled to attend Basi's court appearances, and listen, you just can't stand on the corner of Granville and Broadway, or anywhere else, and shout out I KNOW SOMETHING YOU DON'T KNOW AND I CAN'T TELL YOU. Its non-news in the eyes of the Judge.

As to the $6million plea deal it was that same judge who lifted the ban as soon as she heard that there was to be a deal which allowed the Press to repeat everything, correctly, to the World.

Its all quite simple, straight forward, that's why we depend on the Press to spend day after day reporting on the crimes made against the honest people outside OUR court rooms. Telling truth happens inside the courtroom.... such as this which happened yesterday ...http://www.vancouversun.com/business/story+former+senator+Lawson+true+substance+fact+lawyer+says/3751883/story.html

Sun story on former senator Ed Lawson 'true in substance and fact,' lawyer says

"He told Sewell he must reject Lawson's testimony, as his memory was "so poor or there are such serious issues about his credibility that his evidence must be ignored.""

Witness Brown's demise of being demoted to being a mere Deputy Minister, at full pay. Now these two instances you can shout out.

Anonymous said...

I didn't understand originally that the "house arrest" meant he could still work. This guy's "work" includes taking in a Broncos game. Under that definition whatexactly does "arrest" mean?

JJ said...

Lots of good questions here and a lot of secrecy. I've heard that you know everything there is to know about BC Rail, the trial and everyone involved. If that's the case Bill, then tell us what's really going on or if you're not permitted to report because of any ban then what are the underlyng reasons why you can't tell us directly. Or optionally admit you're as clueless as the rest of us.

Anonymous said...

Anti corruption laws are lax in Canada compared to the rest of the Western World; can't you tell?
This is a "F.U" moment from a Liberal insider.
If or when the NDP take office I sincerely hope an investigation into these people will be the second thing on the new agenda.
The first! an independent financial audit...

off-the-radar said...

It looks to me like Basi is being punished for speaking to the press.

Anonymous said...

http://www.vancouversun.com/pdf/BasiVirk.pdf

http://www.vancouversun.com/pdf/BasiVirk2.pdf

The two links above are statements of fact regarding Basi and Virk for October 18, 2010

Put them on a prominent place, your refrigerator door, otherwise within another week, these pieces of documents will disappear off of the internet.

DPL said...

Now that the court has given out a sentence( a pretty feeble one for sure)why is there still a publication ban? This could go on for years and it seems that until the judge decides otherwise, anything those guys do will not be reported. One of the anons says ,just go to the court house and sit down. She or he should be aware by now that what happens can not be reported.

Anonymous said...

I read in another media report that it was actually Basi’s lawyer that requested the ban on media publications and the judge agreed to it. Any idea Bill who really requested the ban ?

Paul said...

Global TV senior investigative reporter John Daly interviewed both David Basi and Bobby Virk in an exclusive interview.

John Daly: "Some are suggesting you’ve been bought, is that true?"

David Basi: "No comment on that, you’ll have to ask the Office of the Attorney General."

WOW

1. If they weren't bought off, why didn't he simply answer "NO"?

2. Why did he redirect the question to Office of the Attorney General?

3. Why can't he "comment on that"?

4. Why did Mike Mike de Jong and most of the MSM claim that all of the plea details were before the public?

And here's a question that Gordon Wilson (http://gordonfdwilson.com/) asked on his blog:

"How it is possible that two deputy ministers can, with a stroke of a pen, agree to dip into the provincial treasury to pay out $6 million in legal fees for two self-confessed criminals while the Vancouver School Board is closing schools and displacing hundreds of elementary school aged children due to lack of funds?"

Paul said...

Rafe Mair (http://thecanadian.org/):

"Where have the Liberal lickspittles who sit as MLA’s having sworn to do the people’s business been, and where are they now?"

"By sitting on their hands, they actively support this disgraceful corruption.

"Are they devoid of principles?"

"Does their love of office and the salaries and perks mean that they are prepared to ignore this disgusting settlement?"

G West said...

Anon 7:29...those two documents WON'T disappear - in my view.

In fact, they'll persist and remain as the only actual record of the case and what Basi and Virk have agreed to plead guilty to.

The real question is how the crown got these two boyos into the 'frame' the 'statement of facts' describes.

We know what the price of that picture is; and we know why the Basi Boyz agreed to sign their names to that agreement; what we don't know is how what's meant to be a fair, impartial and 'blind' system of justice got so bent out of shape since 2003.

Those are the questions you're not going to see answered in the press or elsewhere UNLESS some truly enterprising journalist(s) file an FOI request for all the documents tabled in the court during the trial and its run-up.

If someone does that, there is still a chance the whole truth will come out.

I'd be willing to make a financial contribution to the costs of that effort.

How about the rest of you?

Anonymous said...

GWest, as a tangent from your FOI-request proposal......can't there be an injunction filed against the whole proceeding because of the illegal appointment of Bill Berardino?

i.e. I mean wipe the slate clean of anything he's done, including the limitation of warrants and the exclusion from investigation of elected officials? I realize any evidence that might have been seized in 2003 has now been tucked away or destroyed, but the main issue would be to overturn the results of the whole trial, and also to open up charges against those who rigged the sale of BC Rail (not just tried to rig the sale of the Roberts Bank line).

Such an injunction, I expect, might have to be brought in at the federal level "as if", as it's clear there's no one in the juridicial community in BC, nor in the police, who gives a good-god-damn about all this.

I'd be curious, though, to know what Justice Bennett is thinking over her morning coffee these days.....

PS this is my third posting of this; the first got a blogger note telling me to sign in (I already was), then the second time I got a blogger error wanting me to report an error code that they hadn't been able to post it; I'm trying again to see what happens, but I strongly suspect that a lot of BC blogs are getting interference from political-surveillance technologies, whether "official" or private organizations of one kind or another. Beware of phish, and of info-sharks, and remember that the secret police aren't all that good at being secret.....

PPS make that four times...

PPPS five.....

PPPPS six......

PPPPPS seven, eight, and counting....

Posting this as anonymous, as it seems my gmail/google login is also blocked.....hmmmmm

Skookum1

concerned citizen said...

G West: I could only afford to contribute a hundred dollars or so, but I would happily do so.

What is the cost or price of integrity?

Anonymous said...

Don't forget, Campbell's favorite quote, shred, shred, shred. Campbell, Hansen, De Jong and the BC Liberals, are the masters of dirty tactics. How many Liberal ministers have been under investigation for corruption now? BC people, have been lied to, have been deceived and thieved from, by the worst corrupt BC government, in Canadian history...The BC Liberals. They should be banned, from the face of the earth.

BC Mary said...

G West,

I'll contribute to the costs of a F.o.I. request for copies of those Basi-Virk documents.

Tell me how. And where.

Thanks.
.

Anonymous said...

@G. West

If you were to successfully apply for intervenor status before Nov. 17, then you would be able to look at all the files the defense was able to wrangle out of the BC Liberals... probably cheaper and faster than the FOI route too.

Do you know any adventurous lawyers?

G West said...

Interesting...and heartening. I have a notion Bill may know a bit about FOI requests - although this one would definitely be a DOOZIE.

Maybe he can tell us how to get started...my main concern is that the request gets filed and put on the record so that any move to shred the evidence is thwarted.

Over to you Bill....

Bill Tieleman said...

JJ & Anon 9:16 - of course I know why the publication ban exists - and of course I can't tell you without violating it!

But if you read my item and all the other posts here you will know what I know - the reason.

G West - I've had offline discussions about FOIing all the evidence - here's the multiple problems - first - the wiretap transcripts and RCMP notes etc would never be released except in a trial under defence request - an FOI is extremely unlikely to be successful now.

Second - the sheer volume of evidence - a million or more pages - means the cost of getting just one photocopy would be monumental - literally tens of thousands of dollars minimum.

A public interest appeal could be launched to reduce or eliminate that fee but with no guarantee of success.

I don't oppose in any way efforts to obtain the evidence but caution any who think this will be easy or stunningly illuminating and replace the information that would be revealed had the trial proceeded. I seriously and unfortunately doubt that will be the case.

Anonymous said...

Campbell's Fantasy Ride is Over

Global TV is reporting: "BC Liberals in Crisis"

"Unusual and urgent caucus meeting being planned for this coming week."

BC Liberal Party Whip John van Dongen issued an "urgent order" in calling the meeting.

Reporter Catherine Urquhart stated "several sources" have said an "extraordinary caucus meeting has been called for later this week".

Crankypants said...

According to tonight's news, the Liberal caucus is having an unscheduled meeting called by the current party whip, John Van Dongen. Maybe cracks are finally appearing in the wall of silence.

No doubt this meeting will push for solidarity, but at some point even the lesser lights must be able to answer the questions their constituents are bound to be asking. Many of the Liberal supporters may have been happy to see the trial of Basi, Virk and Basi come to an abrupt end, but I doubt most of them were happy to find out that they were helping fund the costs of their defense.

Campbell & Co. may have been able to weather the storm over the HST, but I'm not so sure that their decision to forego the legal fees of B-V-B can be condoned by the majority of British Columbians, no matter what their political allegiance may be.

And, in my opinion, the loser in the B-V-B trial was the judicial system and the winners were their defense team of lawyers. Justice and the taxpayer were ill-served by the outcome while the lawyers made out like bandits.

Anonymous said...


Reporter Catherine Urquhart stated "several sources" have said an "extraordinary caucus meeting has been called for later this week"


Choosing the weapon, and nominating the executioner....theoretically, the caucus can select another leader, and after a trip to Government House or two, we'd have a new Premier. If I were them, I wouldn't keep him around until a leadership convention, I'd get a sane interim leader and get it over with. Every day in office their ship is all that extra bit unsalvageable.....

And if the new leader wants to redeem himself/herself to the public, scrapping the HST instead of waiting for the too-long-delayed referendum would be one thing; but ordering a commission of enquiry into the rigged bidding process and all that has ensued since would go a long ways.

I don't think they're that visionary though. Or that publicly-minded, only self-interested. And finding one of their own number who wasn't complicit in the dirty dealings with CN, well, that's not gonna be easy......

I swear I can hear the sound of a gallows being built....but it is Halloween, after all....

Skookum1
(can't sign into either blogger or gmail, must be something going on in the googleplex....)

Anonymous said...

This is good. So all of the bleeding chumps out there who feel so sorry for this guy because in the minds of a few, he's the "victim" in this pathetic tale, and now this guy breaches an easy to follow conditional house arrest. Plus on top of that he took largresse in a real estate deal.

The guy made the choice to do it, and he should have his assets freezed. Make it hurt, and hurt badly.

He could have decided not to go ahead with the idiotic steps in this monumental screw up by Campbell and the BC Liberals and walk out to start working away from politics, but he didn't do it.

It was his choice.

Anonymous said...

Bill I can't wait to see what this so called "Breach" was and how much money and court time has been wasted. I watched cbc the other night. Tony Parsons reported that basi and virk granted an interview to "A" channel. If that turns out to be the so called "breach" we really need some hard answers and fast. I want to know how this so called "breach" could be worthy of all the attention and all the resources that have been spent making it an issue.

What a ridiculous waste of time. The conspiracy theorist in me thinks this is a great smoke screen for Campbells disastrous speech!!

JJ said...

Sorry, Bill, I appreciate you not wanting to get in trouble by violating a publication ban but I have to say your riddle is something I would expect from a politician that is hiding something, like the evasive "I can't discuss that because it's before the courts" line the Liberals use all the time.

If it's so obvious that by "reading your item and all the other posts here I will know what you know - the reason" then haven't you provided enough information to communicate that reason to everyone here and therefore violated the publication ban?

Bill Tieleman said...

JJ - Court-ordered publication bans are serious - anyone violating it knowingly or otherwise can be hauled into court and jailed, fined or both.

I have not intention of disrespecting Associate Chief Justice Anne MacKenzie's publication ban.


Your earlier comment that I "tell us what's really going on or admit you're as clueless as the rest of us" poses a false choice. I do know what's going on and I can't tell you because of the publication ban - that's the truth.

I was not in the court for Basi's hearing - nor MacKenzie's ban - and so my information is second hand but accurate I'm sure.

I will repeat - there are several postings here that seem factually based - that's all I have to say until the ban is lifted.

I've never violated publication bans in this case before, even though I have argued vehemently against them, and I'm not starting now.

All I can tell my regular readers is that I disagree with almost all publication bans, including this one, but I don't make the rules and I'm not looking to make a crusade by breaking it.

Stay tuned for the November 15 hearing when hopefully the ban will be lifted but don't expect to learn a lot more than you already know.