Thursday, October 13, 2011

BC Liberal MLA & former Solicitor General Kash Heed's revised election financing report brings call for new Elections BC investigation

BC Liberal MLA Kash Heed

Kash Heed 2009 election campaign financing again called into question over $6,000 unaccounted for in new court-orderd amended financial report to Elections BC

NDP candidate Gabriel Yiu wants new investigation by Elections BC



Bill Tieleman's 24 hours/The Tyee column


Thursday October 23, 2011

By BILL TIELEMAN, 24 HOURS COLUMNIST 

A former provincial NDP candidate is again raising questions about Liberal MLA Kash Heed’s previous election campaign and the financing of it.


Gabriel Yiu, who narrowly lost to Heed in the last election, is calling for a new investigation after a second election financing report filed last month by Heed did not account for or address $6,000 in post-election payments to two campaign workers.


“Elections BC has a responsibility to pursue this,” Yiu told 24 hours. “No explanation has been given why constituency account funds were used to pay the two campaign staff.”
Heed filed on Sept. 28 a new and amended election financing report as ordered by the B.C. Supreme Court in his campaign overspending case.


In August, Heed was fined $8,000 for violating spending limits by $4,000 in his Vancouver-Fraserview riding in May 2009 but was allowed to keep his seat in the Legislature. That overspending was separate from the two cheques, although both were part of the investigation of the Elections Act violations.


In his ruling in the case, B.C. Supreme Court Chief Justice Robert Bauman concluded that Heed had “acted in good faith in these matters” but that “responsibility for the conduct of the campaign rests ultimately with the candidate.”


Bauman, however, did not specifically address the matter of the cheques.


The $6,000 in payments were made June 24, 2009 from Heed's government constituency office account: A $4,000 cheque to campaign manager Barinder Sall and a $2,000 cheque to campaign worker Sameer Ismail, both co-signed by Heed.


RCMP Sergeant John Taylor alleged in a search warrant application Oct. 22, 2010 those payments were “reasonable grounds for believing” Heed might have committed breach of trust by using such funds for “political purposes,” which is prohibited.


Heed was never criminally charged in the case.


His lawyer, David Gruber, told 24 hours by email that: “At the time Sgt. Taylor swore in a 93-page search warrant application on October 22, 2010, Mr. Heed had not been asked any questions by the RCMP concerning the cheques to Mr. Sall and Mr. Ismail referred to therein.”


“We were asked to provide Mr. Heed’s evidence on October 27, 2010, and provided it to the RCMP on October 28, 2010 which was that he understood the cheques to be for services rendered to the constituency office. That evidence was considered by the RCMP and by the special prosecutor, Mr. Peter Wilson, Q.C.”


When asked for an explanation about what the cheques were for, Gruber pointed to the April, 2008 statement by the Criminal Justice Branch, which states “there is insufficient proof that ... Mr. Heed knowingly made payments to campaign staff for election-related purposes following the 2009 General Election.”


Gruber continued: “As such, Mr. Heed considers the matter closed, and does not anticipate any further legal action.


But neither Gruber nor Heed explained what the cheques for were for.


Elections BC told 24 hours the special prosecutor declined to recommend charges but declined further comment. 


The RCMP deferred to the special prosecutor.


However, Wilson also declined comment, referring to the same statement from the Criminal Justice Branch quoted by Heed’s lawyer.


Heed’s campaign admitted violating Election Act spending limits when it anonymously distributed a flyer to thousands of voters making false claims about the NDP and was fined $8,000.


Neither Barinder Sall – who faces criminal charges connected to the overspending but unrelated to the cheques – nor his lawyer Richard Peck responded to requests for comment. 


Sall and co-accused Dinesh Khanna are to appear in court Oct. 28, where guilty pleas are expected by the Criminal Justice Branch.


.

20 comments:

Anonymous said...

This is the big story?

Well it is "big".

As in "big deal". We've been down this road before, and once again soon with Balinder Sall's show in court soon.

Investigations cost money. This has been covered.

What about covering exactly why did the NDP want passwords for NDP leadership candidates' social media which was ruled offside by the Privacy Commmissioner?

What exactly was the purpose for the request? What was the intention?

Ken in Victoria said...

Well, this is a very interesting article on a so called "star candidate". In the election was not the true "star candidate" Mr. Wally Opel. He is certainly as "star" right now in the "missing women" inquiry.
To conclude, the principals in the the article including Mr. Heed if found guilty should spent time in jail. Tough on crime policy must be for all. How come political criminals receive only a slap on the behind. Stuff their behinds in crow bar hotel. Others will pay attention.

Kareem in Kenya said...

THIS was the big story you were working so hard on? Here I thought you might actually tackle a real issue, like Translink or the Occupy movement. But no, just more of the same anti-Liberal propaganda. What a huge shock. You're a true one trick pony, and your trick is getting really tired. But go on, keep thinking you're a good "journalist," and keep feeding the ignorant masses the same regurgitated vomit you continue to spew out.

Anonymous said...

google "jack crone kash heed" the results are stunning

The depth of corruption of this government really has now lower limit.

Anonymous said...

the BC Liberal investigators like Terrence Robertson will continue to let Kash Heed of the the hook, but dont worry
Heed will never be elected to anything again..
poor Kash . regarding his campaign all he could say is "i dont know nothin'"

Anonymous said...

Yawn, normally I will read your entire articles in the 24, but this time the story was so boring I couldn't even finish it.

Anonymous said...

A good summary of Kash's sordid trajectory into politics from:

http://www.canada.com/vancouversun/news/westcoastnews/story.html?id=23a53a3a-731b-4612-ab95-58ac4afa5f2c


an excerpt:

Feb. 23, 2009: Heed resigns as chief constable from the West Vancouver Police Department. He is never brought to task on an allegation that he interfered with an investigation of a child-pornography case. Heed is accused of leaking information to a police-board member who worked at the same company as the accused in the case, West Vancouver resident Jack Crone, a former senior executive at RBC Dominion Securities. The complaint is dropped because Heed resigns before it is filed, taking advantage of a legal loophole that allows police officers to avoid an investigation by the province's independent Office of the Police Complaint Commissioner. The office reviews the case and agrees the Police Act doesn't apply to ex-officers. Crone is later sentenced to four months in prison for possession of child pornography after police found 1,200 disturbing photos and videos of children engaged in sex acts on his computer

...only to become a BCLiberal moments after he "quits".

Anonymous said...

Hard to believe that the BC Liberals are still defending this schmuck. It makes you wonder what kind of dirt he has on them.

Anonymous said...

anon pab wrote:

"...the story was so boring I couldn't even finish it."


Really? and yet you take the time to comment about it?

Are you the same anon pab complaining this is the "worst blog ever" ...yet you keep coming back. Get help.

North Van's Grumps said...

"Both payments were reportedly drawn from an account that had been allocated by the Office of the Legislative Comptroller for the new MLA's constituency office. But, according to police, neither man had done work for the constituency."

Source: http://blogborgcollective.blogspot.com/2011/01/mla-remuneration-indemnities-and.html

Anonymous said...

As I have said in the past, make a list of liberal ministers and backbenchers who have been in trouble with the police, Elections BC, the courts, the land commissions, the federal gaming police, etc. No better still make a list of the liberals who have not
"lawyered up", the list would be very short. It's time for a change in our provincial government. Maybe some honesty?

Kam Lee
government.

Anonymous said...

As I have said in the past, make a list of liberal ministers and backbenchers that have been in trouble witht he police, elctions BC, the courts, the land commisions, the federal gaming police, etc. No better still make a list of the liberals who have not "lawyered up", the list would be very short. It's time for a change in our provincial government.

Kam Lee

Dave McPherson said...

This is an important story about the potential inadequacy of our legal system in dealing with very serious illegal acts that undermine the very core of what we should concern ourselves with, the democratic process of elections. Without confidence in that, we are a very shakey society indeed.

"no big deal" well yes a very big deal, unless you are among those who want it so desperately to be ended and forgotten, because you support those who screwed up.

There are a number of balls dropped by all involved.

Two special prosecutors, the judge, the investigating officer and even elections BC, all have explaining to do in my opinion.

The most incompetent job I have ever seen in attempting, in concert, to sweep things under a rug.

Thanks for not letting it go Bill and thanks for your insights and recognizing its importance.

Anonymous said...

This is an important story about the potential inadequacy of our legal system in dealing with very serious illegal acts that undermine the very core of what we should concern ourselves with, the democratic process of elections. Without confidence in that, we are a very shakey society indeed.


No we're not. Politicians do make errors, and Heed isn't the first one nor is he the last.

While a concern, yes, but I would be more concerned about getting drunk drivers off the road, and if they kill someone, they should lose their licence PERMANENTLY!. But namby pamby lawyers disagree.

So change it when the NDP becomes govermment.


"no big deal" well yes a very big deal, unless you are among those who want it so desperately to be ended and forgotten, because you support those who screwed up.

Just like the NDP screwed up?

Thanks for not letting it go Bill and thanks for your insights and recognizing its importance.

I'd like Bill to address other concerns if he is supposed to be some kind of advocat. Let's start by ensuring the NDP WILL ensure that anyone who drinks and drives and is found guilty really gets penalties, and those who KILLED someone as a result of drinking and driving loses their licence PERMANANTLY!

Anonymous said...

As I have said in the past, make a list of liberal ministers and backbenchers that have been in trouble witht he police, elctions BC, the courts, the land commisions, the federal gaming police, etc. No better still make a list of the liberals who have not "lawyered up", the list would be very short. It's time for a change in our provincial government.

Kam Lee


There is no "federal gaming police" Kam..
Why just them? Let's start at the beginning:

Robert Bonner (Social Credit).
Robin Blencoe (NDP
David Stupich (NDP)
Glen Clark (NDP)*

*found not guilty in courts of law.

Anonymous said...

Good post Bill.

There are so many BC citizens, fed up with the corrupt judicial system in this province.

If a politician needs to get away with a DUI....A special prosecutor gets them off. As did a special prosecutor let Kash Heed get away with his fraud.

There is a two tiered judicial system in BC. The everyday citizens, do not get away with a criminal DUI. We don't have access to special prosecutors either.

Campbell's theft and corrupt sale of the BCR trial....Was the biggest, corrupt and sleazy farce, probably in all of Canada's history.

Damn right investigations cost money. However, if politicians stopped their corruption and thieving. We wouldn't need expensive investigations.

Anonymous said...

Damn right investigations cost money. However, if politicians stopped their corruption and thieving. We wouldn't need expensive investigations.

Exactly. Applies to both parties.

Example: If Dvid Stupid was as honest as he said he was and not skim off the bingo profits, there wouldn't have been any need for costly investigations. Same for Glen Clark, and others going back to Rober Bonner.

Enough of the Spin said...

And what about all the NDP SINS THAT YOU WERE A PARTY TO BILL? Can we all say hypocrites and back room hacks. Yes, kash Heed should be held accountable but so should all of your NDP buddies. Enough all ready. You and the Shrecks and Kierans etc. etc. should just go away. You people can't see past your own agenda's and clean up Victoria once and for all. (That means not avoiding the sins of your prefered parties) That's right, you all have to go, start from scratch and maybe, just maybe this province will stand a chance. Adrian Dix, Christy Clark the baggage is overwhelming. Two of the most disingenuos people we may ever meet.

Anonymous said...

Absolutely stunning. BC Liberals are still equivocating. No shame what so ever.

Anonymous said...

Enough of the spin is the furthest thing from a Liberal. problem is enough of the spin tried to get Bill to address an issue that both parties are up to their eyeballs in and he balked.