Dr. Brian Day & Canadian Medical Association declare war on Medicare

Bill Tieleman’s 24 Hours Column
Tuesday August 21, 2007

Watch out for new CMA boss

By BILL TIELEMAN

The public has tasted private health care - and they like it.

- Dr. Brian Day, March 30, 2006

Charge! The Canadian Medical Association has declared war on our public health-care system.

And tomorrow, Canada's doctors install as their commander-in-chief the most radical and outspoken health-care privatization advocate in the country.

Dr. Brian Day becomes president of the CMA weeks after the organization representing Canada's physicians said its members should be able to work simultaneously in both the public and private health-care sectors.

That position is so extreme even Conservative Prime Minister Stephen Harper rejects it. Last year in a letter to then-Alberta premier Ralph Klein, Harper warned the province to back off the same approach the CMA now favours. And rightly so.

"Dual practice creates conflict of interest for physicians as there would be a financial incentive for them to stream patients into the private portion of their practice," Harper wrote on March 31, 2006. "Furthermore, dual practice legitimizes queue-jumping as it provides an approved mechanism for patients to pay to seek treatment at the front of the line."

But don't expect Day, owner of the controversial private Cambie Surgery Centre, to worry - he has previously argued to "repeal the Canada Health Act" that protects the public system.

And Day has described Medicare, our public health system, as a "Berlin Wall" blocking patients from treatment, and like "Aeroflot" - the former Soviet Union airline.

Fortunately, some doctors disagree.

"As CMA members and physicians, we need to ask our association why, if some physician resources are being underutilized, isn't the CMA advocating for solutions that would increase patient care to all Canadians, on the basis of need, within the public system?" asks Dr. Danielle Martin, chair of Canadian Doctors for Medicare.

And a British organization called the National Health System Consultants' Association wrote to Day last week warning him not to make the same mistakes that England has.

"In closing, we must conclude that neither payment by results, the increased use of the private sector nor the 'patient choice' agenda have proved their worth. On the contrary, they have resulted in a destabilized and damaged public service", Drs. Jacky Davis and Peter Fisher concluded.

Ironically, Canada's doctors chose Day despite the fact that until elected, he had never attended a CMA convention or been involved with the B.C. Medical Association.

Now the radical outsider is in charge and the CMA is pushing for the public to get much more than just a "taste" of health-care privatization. If successful, it will be a bitter one.

Year of Guccis and Guinness in B.C. - year end round up column in 24 hours newspaper

Year of Guccis and Guinness in B.C.

By BILL TIELEMAN

Last year we said, "Things can't go on like this," and they didn't; they got worse.

- Will Rogers

Here's what kind of a year in politics 2006 has been: No one wanted to be caught dead in federal Conservative International Trade Minister David Emerson's shoes - except maybe B.C. Liberal Finance Minister Carole Taylor.

That's because while Emerson entered the Guinness Book of World Records for the fastest political defection ever, Taylor caught heat for introducing the provincial budget in a $600 pair of Gucci pumps.

But one thing is clear - they both stepped in it!

After January's minority Conservative election victory, Liberal Vancouver-Kingsway Member of Parliament Emerson took all of 48 hours to become a card-carrying Tory.

And Emerson, who swore to voters he would be Stephen Harper's "worst nightmare," instead sucker punched his constituents and joined the Conservative cabinet. De-elect Emerson signs will last longer than Rona "Clean Air Act" Ambrose will as environment minister.

Meanwhile, in February Taylor took the tradition of finance ministers wearing a new pair of shoes on budget day to unheard-of extremes. The $600-Guccis, plus $84 in tax, cost far more than a month's worth of social assistance for the poor. Marie Antoinette, eat your heart out!

If such political cynicism makes you sick, go to a medical clinic - a private one. 2006 was year of the for-profit physician, with controversial private healthcare booster Dr. Brian Day becoming the president-elect of the Canadian Medical Association and B.C. doctors Mark Godley and Don Copeman opening new private facilities.

Day, who actually said before his election that Medicare was a "health monopoly that Bozo the Clown could run" and that a "Berlin Wall" stops patients from getting medical treatment, will become the voice of all Canadian doctors.

Now let's remove that lump from the area around your wallet!

Day has the ear of B.C. Liberal Premier Gordon Campbell, who made him the very first speaker at the government's "Conversation on Health" - an invitation-only consultation on Medicare.

From conversations to conversions on the road to Damascus - that's what happened to Campbell on First Nations. In opposition, Campbell actually tried to stop the Nisga'a Treaty with a lawsuit and then held a divisive and insulting referendum on native rights in 2002.

But now Campbell is aboriginal people's best friend, fighting Harper for money and signing treaties himself.

Lastly, Dec. 28 marks the third anniversary of the police raid on the B.C. Legislature.
While former B.C. Liberal ministerial aides David Basi and Bob Virk still await trial, Erik Bornman, who is alleged to have bribed them, is now trying to become a lawyer.

Whoever said the wheels of justice turn slowly must have come from B.C.

Basi-Virk - Bombshells in BC Supreme Court - Defence alleges RCMP instructed not to suggest organized crime connected to BC Legislature Raid but did

BASI-VIRK

More bombshells fired by defence in wild day of court pre-trial hearing

By Bill Tieleman

The following story will appear in Friday's 24 hours newspaper in a shorter version and on The Tyee's The Hook

The RCMP was directly instructed by a Special Prosecutor that “organized crime” had “not penetrated the B.C. Legislature” but used the phrase anyway to justify a December 28, 2003 raid there to seize documents, it was alleged in B.C. Supreme Court Thursday.

Defence lawyer Kevin McCullough, representing one of three former B.C. government aides facing corruption charges, read from a recently disclosed document that indicated David Harris, a member of the Special Prosecutor team, told the RCMP their planned news release was wrong two days before the raid.

“There was a lengthy voice mail from David Harris regarding the news release – that it gives the impression that organized crime had penetrated the Legislature – this is incorrect,” McCullough read. “Do not leave the impression that organized crime has penetrated the Legislature.”

But one day after the raid RCMP spokesperson John Ward told media that "organized crime has stretched into every corner of B.C.” and had reached “epidemic proportions in B.C.”

McCullough said the fact that the RCMP disobeyed instructions was critical to defence arguments that the investigation into his client Bob Virk and co-accused David Basi and Aneal Basi was “tailored and targeted” against them and away from elected government officials.

“Despite being told in the new disclosure not to do that, they did it. That’s very important to the defence,” McCullough said.

McCullough also raised the possibility of conflict or perceived conflict that could affect the case because forest company Doman Industries had hired the law firm of Harris and Bill Berardino while it was employing lobbyists Erik Bornmann and Brian Kieran of Pilothouse Public Affairs – both now key Crown witnesses. Berardino, who is the lead Special Prosecutor, was not in court today.

And McCullough read from another document that said a former provincial deputy minister had approached police, alleging he believed Harris and Berardino had received confidential leaked information from Doman Industries.

“These apparent leaked documents came from [David] Basi,” McCullough told Justice Elizabeth Bennett. “This wasn’t disclosed to us until the last month.”

“The interconnectedness of various players is highly ironic,” McCullough said, while adding he was not casting any aspersions on Harris or Berardino.

Special Prosecutor Janet Winteringham said that: “I’m not going to respond to allegations regarding Doman Industries – this is a disclosure hearing.”

And there were many more startling revelations at the day-long pre-trial disclosure hearing.

McCullough also carefully raised the issue of possible conflict regarding the role and withdrawal of the first Special Prosecutor in the case, Josiah Wood, currently a provincial court judge who has also served as justice of the BC Supreme Court and BC Court of Appeal.

Wood was briefly Special Prosecutor prior to the BC Legislature Raid, leaving that role on December 8, 2003. At that time he was practicing law with the firm of Blake, Cassels & Graydon.

“I am casting zero aspersions – I’m casting no negative aspersions on Mr. Wood,” McCullough began.

“The reason one would withdraw is due to a conflict when there’s potential of bias or perception of bias,” he said.

“If we learn the RCMP didn’t do or investigate certain things related to the conflict it may be very relevant,” McCullough said.

“If, for example, the basis of the conflict was that the clients of the firm were BC Rail, Mr. McLernon [John McLernon, chair of BC Rail] the TD Bank, CIBC, it may be the conduct of the RCMP towards these organizations may have been poor or failed to deliver on the task,” he said.

Justice Bennett asked how long Wood was counsel on the case.

“Hard to say, but it’s clear a significant amount of work was done December 5, 6,7 [2003]. All day meetings, all day advice. That type of advice matters very much to us,” he replied.

“The RCMP were not following advice. They were getting advice but not following it,” he said.

Then McCullough raised the role of former BC Liberal Finance Minister Gary Collins, who employed David Basi as his senior Ministerial Assistant.

“Mr. Collins was a [RCMP] target December 5, 9, 12. He was under surveillance December 12,” McCullough said. “That was all happening when Mr. Justice Wood was on.”

“I have yet to see any sign that this was mentioned to Mr. Wood, that surveillance would be going on.

McCullough was referring to extensive police video surveillance of Collins when he had dinner at Vancouver’s upscale Villa del Lupo restaurant with two executives from OmniTRAX – one of two bidders for BC Rail and the company that hired lobbyists Erik Bornmann and Brian Kieran.

Bornmann and Kieran are alleged to have provided bribes to David Basi and Bob Virk in exchange for receiving confidential government documents about the BC Rail sale. They are both now key Crown witnesses against Basi, Virk and Basi.

The issue of the unidentified former deputy minister also received considerable time in court.

McCullough outlined an unusual complaint made to RCMP.

“In 2007 we received disclosure of a complaint made by an individual. I believe he was a lawyer at one point in time – a senior lawyer.”

“This person was a deputy minister of – at one point – one of the ministries involved in the trial,” McCullough continued. “This person makes a call to the RCMP alleging that Doman Industries had received certain information that this person viewed as confidential.”

“He advised he was previously working for Doman and that he believe that David Harris and – I take it – Berardino Harris – had received the confidential leaked info.”

“The former deputy minister complains that information had been leaked to Doman – that this information was provided for litigation and that Berardino Harris received this information.”

“This former deputy minister was working on a consultant basis for Doman. It appear that Berardino Harris at some point were acting for them and it appears that Bornmann and Kieran were also acting for them.”

At this point Special Prosecutor Winteringham interjected that she did not have the document and had not heard the information in it before.

McCullough then dropped another bombshell:

“These apparently leaked documents came from [David] Basi,” he said.

Bennett then asked when McCullough and the defence obtained the document.

McCullough replied that it was received in disclosure in the spring of 2007 but that he had not realized the importance of the conflict issue.

Then a former New Democratic Party cabinet minister’s name suddenly came up. Quoting from another document, McCullough read:

“I also don’t believe Moe Sihota or Rick Doman had any motive but the best interests of the employees.” Sihota was a minister under the Mike Harcourt and Glen Clark NDP governments, while Doman was CEO of Duncan-based Doman Industries, which has since been taken over by Western Forest Products.

Even more strangely, McCullough said the RCMP had obtained a document regarding the death of Erik Bornmann’s mother “for whatever reasons and we want to look at it.”

“The defence wants to be in the same position as the prosecution in regard to the star witness,” McCullough argued.

As if that wasn’t enough news for one day of court, the Supreme Court of Canada early today granted the Special Prosecutor leave to appeal two lower BC court rulings regarding testimony of a secret witness in the BC Legislature Raid case.

The decision will likely delay by up to a year the start of the trial of former BC Liberal government aides David Basi, Bob Virk and Aneal Basi on corruption charges related to the 2003 privatization of BC Rail.No reasons for granting leave were given by the Court.

Michael Bolton, defence lawyer for David Basi, said outside BC Supreme Court that some pre-trial issues could be dealt with despite the decision but that it would definitely delay the start of the trial.

“It’s possible the appeal could be heard in March 2009,” Bolton said, but then the Supreme Court of Canada will take an undetermined amount of time to make its decision.

“It’s pretty difficult to predict” how long that would take, Bolton said.

The central issue is whether defence lawyers for the accused can be present in the courtroom to hear arguments as to whether a secret witness will give testimony in the trial.

The Crown argued that no one but Special Prosecutor Bill Berardino and his legal team and BC Supreme Court Justice Elizabeth Bennett should be permitted to hear the evidence, with defence lawyers, media and the public excluded in order to protect the identity of the witness.

But Bennett ruled the defence could be present for initial arguments provided they give an undertaking not to disclose any information discussed in court with anyone, including their clients.

The BC Court of Appeal upheld Bennett's ruling in a split 2-1 decision when Berardino appealed, leading the Special Prosecutor to seek leave to appeal at the country's highest court.

David Basi and Virk face breach of trust charges for alleging providing confidential government information about bids for BC Rail to lobbyist Erik Bornmann, who was then employed by one of the bidders.

Aneal Basi is charged with money laundering for allegedly being a conduit for payments.A police investigation originally connected to Victoria drug dealing eventually expanded into a full-blown political corruption case, culminating in a raid on the BC Legislature on December 28, 2003.

Basi, Virk and Basi were charged in 2004 but the case has been plagued by lengthy pre-trial hearings on disclosure of evidence to the defence.

The province and RCMP have resisted disclosing some evidence for a variety of reasons, including cabinet privilege, solicitor-client privilege, informer privilege and secrecy required regarding police techniques.

A pre-trial hearing on vetting more than 300 RCMP documents continues today at BC Supreme Court and is unaffected by today's Supreme Court of Canada judgment.

But Special Prosecutor Bill Berardino and defence lawyers must now confer with BC Supreme Court Justice Elizabeth Bennett, who is hearing the case, about whether any other pre-trial motions can continue prior to the secret witness issue being adjudicated by the Supreme Court of Canada.

In July, Virk's lawyer Kevin McCullough told me outside the court that an appeal to the Supreme Court of Canada would result in a significant delay to the start of the trail.

"If the Special Prosecutor appeals this matter to the Supreme Court of Canada it's going to impact and delay this case," McCullough said. "We are hoping that doesn't happen."

"Our clients are anxious to get on - they've had their lives on hold for four and a half years and any further delay is something that neither counsel nor their clients are looking forward to. I hope it doesn't happen," he said in July.

The short text of the Supreme Court of Canada ruling means a long delay in the trial.

Here is that announcement:"GRANTED Her Majesty the Queen v. Bobby Singh Virk et al. (B.C.) (Criminal) (By Leave) (32719)

The motions to expedite the application for leave to appeal and to seal the responses by the respondents Udhe Singh (Dave) Basi and Bobby Singh Virk are granted.

The application for leave to appeal and the applications for leave to cross-appeal are granted.

Coram: McLachlin / Fish / Rothstein"

BC Legislature Raid Revisited - New Info from Disclosure of Evidence Hearing

Leg Raid Hearing Intrigue
What we learned about star witness, rail deals, RCMP conduct

You can also view the article and comments here:
http://thetyee.ca/News/2006/11/09/LegRaid/

By Bill Tieleman

Published: November 9, 2006

TheTyee.ca

"Take nothing on its looks; take everything on evidence. There's no better rule."

-- Charles Dickens, Great Expectations, 1861

We know a lot more about the Dec. 28, 2003 police raid on the B.C. legislature following last week's four-day B.C. Supreme Court hearing into a defence application for disclosure of evidence.

But we still don't know nearly enough to figure out what the hell happened or why it's taken almost exactly three years to get to the still-planned Dec. 4 trial date for former B.C. Liberal government ministerial aides David Basi and Bob Virk and former government communications staffer Aneal Basi.

The disclosure hearing provided lots of fascinating teasers as to what the trial might expose -- from police surveillance of then-finance minister Gary Collins as he dined with a U.S. bidder for the privatization of B.C. Rail in a fancy downtown Vancouver restaurant to a defence question as to why the $1 billion B.C. Rail deal itself wasn't cancelled.

There's also new evidence from both in and outside the courtroom about Erik Bornman, the controversial former lobbyist and ex-Paul Martin aide. Bornman has turned Crown witness against Basi and Virk, who police allege were bribed by Bornman, leading to breach of trust charges against them.

And defence lawyers raised for the first time the possibility of a mistrial or a miscarriage of justice as they argued for more disclosure.

Every which way, indeed

And yet like a Russian matryoshka nesting doll, there's always something more underneath that changes the picture dramatically.

The biggest challenge for both journalists and the public -- not to mention Justice Elizabeth Bennett, who will preside over the case -- is in following what is undoubtedly the most complex political scandal British Columbia has ever seen.

To get some idea of the scope of what the RCMP call "Project Every Which Way," consider that there are more than 100,000 pages of evidence, including dozens of wiretap transcriptions, interview statements, police notes, bank statements and tax records of the accused and untold government documents.

The police organizational chart alone was said in court to have filled several walls and included even embattled RCMP Commissioner Giuliano Zaccardelli, whose approval was needed for wiretaps involving questions of Parliamentary privilege.

Justice Bennett, who acquitted former B.C. premier Glen Clark in 2002 in another high profile breach of trust case, herself said at one point in the proceedings on Oct. 30 that she would: "Probably be a very good juror because I don't remember any of the media reports on this case."

Having attended a good portion of the four-day hearing, it's easy to have some sympathy for not only the judge -- who will rule on the disclosure application on Nov. 14 -- but all involved.

Yet this case is critically important.

It involves allegations of influence peddling in a $1 billion privatization deal, wiretapping that accidentally included Premier Gordon Campbell, intentional police surveillance of the finance minister, allegations of police misleading a Supreme Court justice and much, much more.

So to try and find some discernable direction that helps explain "Project Every Which Way" it's best to break down the new information into component parts.

1. ERIK BORNMAN, CROWN'S STAR WITNESS

The Crown's key witness, Erik Bornman, was once again the subject of considerable speculation in the defence lawyers' application for disclosure of evidence.

That application, filed by Bob Virk's lawyer Kevin McCullough, David Basi's lawyer Michael Bolton and Aneal Basi's lawyer Joseph Doyle, provided new information about Bornman's upcoming central role in the trial.

Bornman was nicknamed "Spiderman" after entering a locked federal Liberal Party office -- which allegedly contained the B.C. membership list during the time of the leadership battle between Paul Martin and Jean Chretien -- through the ceiling.

Bornman was registered as a lobbyist for OmniTRAX, the U.S.-based rail company that bid for B.C. Rail against eventual winner CN Rail. Another bidder, CP Rail, bailed out of the bidding because it claimed there was a "clear breach" of fairness in the process, due to other bidders receiving confidential information.

Bornman is alleged in police documents to have provided bribes to David Basi and Bob Virk in exchange for confidential government information on the B.C. Rail bidding process. Those allegations were made in a police "Information To Obtain" search warrant application made public previously and have not been proven in court.

Belated disclosures alleged

The defence application filed Oct. 30, 2006, states that the special prosecutor, Bill Berardino, provided a disclosure package to the defence on Sept. 16, 2005 that "included a number of significant materials which had previously not been disclosed."

Among them was, the application states, "A previously undisclosed 25-page statement taken from Erik Bornman from Dec. 28, 2003."

McCullough pointed out in B.C. Supreme Court that Dec. 28, 2003, was "the day of the searches. It obviously should have been disclosed previously."

On that day Bornman's home office for lobbying firm Pilothouse Public Affairs in Vancouver was also searched by police, as was Pilothouse's Victoria office run by lobbyist and former Vancouver Province political columnist Brian Kieran, who will also reportedly testify as a Crown witness against the accused.

[Pilothouse closed down in the months following the raid, to be replaced by K&E Public Affairs in 2005, a joint venture of Kieran and Jamie Elmhirst, currently president of the Liberal Party of Canada in B.C.]

In April 2006 Kieran announced his "inevitable retirement" after a well-paid career lobbying the B.C. Liberals and before that, the B.C. NDP government on behalf of major multinational forest companies and others.

As The Tyee reported at that time, a large volume of information related to several search warrants was released to the media, including allegations that Bornman and Kieran paid almost $30,000 to the accused in exchange for confidential government information on part of the B.C. Rail deal. K&E also appears to have closed shop.]

Questions linger

There are many questions arising from the disclosure that Bornman made a 25-page statement to police.

Why would Bornman make such an extended statement to police the very day his home and business were searched?

Did he have legal counsel present?

Had Bornman been aware previously of the police "Project Every Which Way" investigation?

Did Bornman make an offer to turn Crown witness that very day, or even previously?

Or did "Spiderman" fold like Superman on ironing day in the face of police pressure?

None of these questions can be answered before the trial but they raise intriguing possibilities.

Faces legal hearing

Bornman was also creating news while the court proceedings were being heard.

I reported on Nov. 3 in 24 Hours that Bornman will be under the scrutiny of the Law Society of Upper Canada in Toronto starting Nov. 21, where the budding lawyer faces a special admissibility hearing on his request to be admitted to the bar.

Global TV's Keith Baldrey has since then reported that Bornman's lawyers are attempting to have the Law Society hearing held in private despite common practice that such proceedings are open to the public and media.

In 2006 Bornman was a $1,300 per week articling law student at the prestigious law firm of McCarthy Tetrault, which donated $118,000 to the 2003 Paul Martin Liberal leadership campaign that Bornman was a player in.

But in July 2006, Bornman resigned his post following an unknown person laying a complaint against him with the Law Society, as I reported exclusively in 24 Hours Aug. 1.

The Society has a "Good Character Requirement" that asks if the applicant has been involved in criminal proceedings, fraud or other misconduct.

One of Bornman's Toronto lawyers, Nikiforus Iatros, refused comment when I contacted him Nov. 2.

McCarthy Tetrault's Communications Director Doug Maybee said in an e-mail to The Tyee Nov. 8 that Bornman has not returned to his student articling position at the firm, leaving open the question as to where he might be articling.

The other lawyer working for Bornman, according to Law Society documents, is Bryan Finlay, Q.C., a senior counsel at WeirFoulds LLP.

Finlay has also represented WestJet in litigation with Air Canada, the Toronto-Dominion Bank in an $80 million case and a high profile 1995 defamation case in the Supreme Court of Canada representing an unsuccessful appellant in Hill v. Church of Scientology.

WeirFoulds corporate slogan is: "Gain and protect advantage."

2. B.C. RAIL

On Nov. 25, 2003, little more than a month before the Legislature raid, Canadian National bought B.C. Rail for $1 billion in one of the biggest privatization deals in Canadian history.

The deal was extremely important politically for B.C. Liberal Premier Gordon Campbell -- and it broke his 2001 election promise not to sell the longtime Crown corporation.

Campbell was keen on privatizations and public-private-partnerships or P3s as a means of reducing both the size of government and government debt.

The B.C. Liberals fudged the sale, calling it a renewable "lease" in which the province retained the rail line itself and rail bed. But it was soon learned that the 60-year lease -- giving British Columbians just $16.6 million a year to give up their profitable railroad -- could actually be renewed for up to 990 years -- giving the Liberal's "New Era" promises a new meaning.

But the B.C. Rail privatization first announced on May 13, 2003, was at one point on the verge of collapsing.

Dwindling bidders

There were just three bidders: Canadian National, Canadian Pacific and U.S. railway giant OmniTRAX, based in Denver, Colorado.

Then in a private letter to the B.C. government sent Nov. 21, 2003 -- just days before CN was announced as the buyer -- Canadian Pacific dropped out of the bidding, claiming that CN had been given confidential government information unrelated to the Basi-Virk case, leading CP to believe that the government's handling of the B.C. Rail sale was "extremely prejudiced".

"By allowing CN access to B.C. Rail's customers at a time when CPR was prohibited by its confidentiality agreement from contacting such customers, the province has, whether intentionally or not, provided CN with an unfair competitive advantage," says the letter -- obtained by the Vancouver Sun through a Freedom of Information request -- and sent by CP's lawyers to a CIBC consultant handling the bid for the B.C. government.

That left just two bidders -- CN and OmniTRAX. Were OmniTRAX to drop out as well, the B.C. government's vaunted privatization of B.C. Rail and the alleged "competition" to provide taxpayers with the best deal would be shot.

And CN, who gave $60,000 to the B.C. Liberal Party in the two years before the 2001 election, could look like it low-balled its offer, knowing there were no other bidders.

So, as at least one possible defence theory may go, there was huge pressure on B.C. government officials to keep OmniTRAX in the bidding.

Basi was ministerial assistant to then-finance minister Gary Collins, while Virk was ministerial assistant to then-transportation minister Judith Reid.

Could that pressure have resulted in someone authorizing government information to be passed along to OmniTRAX to encourage their continued participation?

Again, only the trial can answer that speculation.

Roberts Bank riddle

The second part of the B.C. Rail equation is that a second, smaller privatization of the Roberts Bank Port Subdivision was cancelled in March 2004 by the B.C. government after the RCMP said the process was compromised by the leak of confidential information.

OmniTRAX, in a consortium with Burlington Northern Santa Fe Railway, CP, and CN were all bidders on the Roberts Bank rail line, estimated to be worth up to $70 million.

According to a police search warrant ITO sworn by RCMP Corporal Andrew Cowan, the residence of Bruce Clark -- a federal B.C. Liberal executive and brother to then-deputy premier Christy Clark -- was searched because:

"I believe that CLARK received documents pertaining to a Request for Proposal and presentations regarding Roberts Bank. I believe that CLARK has had meeting with BASI. I believe the items sought will be found at..." Bruce Clark's Vancouver home address, the ITO concludes.

It should again be pointed out that the ITO contains unproven allegations that have never been tested in court.

At the defence disclosure application hearing that began Oct. 30, 2006, lawyers McCullough, Bolton and Doyle state that on Dec. 8, 2005, they received: "a number of significant materials which had previously not been disclosed, including:

"The notes of Superintendent McRae from the period of Dec. 18, 2003, through March 10, 2004. These notes contain a significant detailing of communications between the RCMP and the Senior Government officials with respect to the decision to cancel the bidding process for the Robert's Bank Port Subdivision, the subject of Count 10 on the Indictment herein."

It was at this point in the hearing that McCullough posed the question on the main B.C. Rail deal itself.

"The Roberts Bank count -- the bid is cancelled. That's a very, very significant issue. Why cancel Roberts Bank and not B.C. Rail?" McCullough asked.

Like many other questions raised, it has so far gone unanswered.

3. RCMP BEHAVIOUR AND MISTRIAL MUSINGS

The defence disclosure application challenged the actions of both the RCMP and the Special Prosecutor in this case, challenges that Bill Berardino vigorously rejected for the most part.

And while some agreements were reached in court between the defence and prosecution by hearing's end, Justice Bennett will still render a decision Nov. 14 on the application request that defence lawyers gain access to a top-secret "project room" where the RCMP stores its evidence.

But whatever the decision, the defence application hearing has thrown a light on a series of unusual RCMP activities, as well as other information coming to attention outside the court.

Media leaks and RCMP house buying

One intriguing hint was thrown out when the defence said it had requested "Inspector Zack's missing report into media leaks" in its application and earlier that they sought a "report prepared by Insp. Zack into the media links [sic] and media strategy."

The defence lawyers wrote that: "Inspector Zach's media report dealt with the considerable number of media leaks in this case. These leaks resulted in significant publicity, especially with respect to the raid of the Legislature. Such publicity had a profound deleterious effect on the fair trial rights of these accused persons."

Other complaints by the defence include failure to provide some of the notes of several RCMP officers involved in the investigation when requested.

These notes, since received, included those of Corporal Andrew Cowan, who swore the Information To Obtain search warrants and is a key investigator, a Sergeant Buerk, who they say plays "an active part" in the case and was involved in the effort to have Erik Bornman become a Crown witness.

"Sgt. Buerk's notes were not provided. How could the Special Prosecutor be unaware that Sgt. Buerk's notes were not provided, given that Sgt. Buerk is present for the April 5, 2004, meeting between Sgt. Finner and Cpl. Cowan wherein Sgt. Finner's notes indicate that a discussion is held and an agreement is made that Bornman will be treated as a witness? Is there a more important meeting?" reads the application.

House deal

But if the Supreme Court was hearing important information on the RCMP's behaviour, other odd facts surfaced outside.

Corporal Cowan, as has been previously reported, has had the unusual experience of buying a house from David Basi's family in 1999, including dealing directly with Basi and, according to Basi, raising issue with problems found at the house.

In addition, a consultant who was considering hiring David Basi in 2004 has told The Tyee and some other media outlets that Cowan visited him at his home along with another officer, making it clear it would be a mistake to continue having a working relationship with Basi.

Cowan told The Globe and Mail he couldn't comment on these allegations because the case is before the court.

And for the first time, Basi lawyer Michael Bolton suggested Crown and RCMP handling of the prosecution could result in an application for a mistrial, raising the possibility that the case might never be heard in court.

On Oct. 31 Bolton spoke of a failure to disclose evidence and a lack of proper inventories of that evidence -- subsequently strongly disputed by Berardino -- and then told Justice Bennett that: "This is a prime example of a case that's a serious candidate for a miscarriage of justice or a mistrial down the road because of the failure of disclosure."

Privilege issues

Then there's the challenge of parliamentary privilege affecting much of the evidence gathered for the prosecution.

As has been previously reported here and elsewhere, the wiretapping of David Basi's government-issue cell phone only happened after the RCMP had been twice turned down by judges concerned about the privilege question.

On the third attempt the defence alleges that the RCMP did not tell the judge hearing the wiretap application that two earlier applications had been rejected or that the address indicated on the application was in fact the street address of the B.C. legislature.

B.C. Liberal Attorney-General Wally Oppal, himself a former B.C. Supreme Court judge, expressed his concern about the possibility that police had misled a judge and that Premier Campbell had been intercepted speaking to Gary Collins on the wiretap.

"I don't know whether they mislead the judge. It would bother me if they did," Oppal said. That led to New Democrat MLA Leonard Krog, a lawyer and opposition critic, to tell Oppal to be quiet if he doesn't want to be the cause of a mistrial.

"High profile prosecutions have failed in the past because politicians felt compelled to make comments in public that were later deemed prejudicial," said Krog.

TRIAL DATE: MORE DELAY?

So, given the massive amount of evidence, the complexity of the issues, the privilege question, the admissibility of wiretaps and a host of other vexing problems, can one realistically expect the trial to being on Dec. 4?

After all, this has probably been one of the most often delayed trials for a major case in B.C. judicial history. Even getting any of the search warrant information released took almost a year.

But Michael Bolton, David Basi's lawyer, told The Tyee outside the court on Nov. 2 that while there will be more delays, Dec. 4 still stands.

"Certainly we'll be starting something -- the Crown's privilege claims," Bolton said. "The first week of January we'll have a voir dire [a mini-hearing on contested evidence] on the admissibility of wiretaps and the authorization to intercept."

Meanwhile, at least one of the key players in the case isn't letting the pressure get to him.
Crown witness Erik Bornman has a new website featuring his amateur photography and noting his enjoyment of "food, wine and independent film."

And apparently while not yet a lawyer and while facing an admissibility hearing in front of the Law Society, Bornman claims in his bio online that he has: "has actively participated in...the provision of pro bono legal service to the public."

If and when this trial ever happens it will be standing room only at B.C. Supreme Court.

Related Tyee articles:
Leg Raid Case Lurches to Life
Erik Bornman: Spiderman in a Web of Intrigue
Premier Scrambles to 'Restore Trust'

BC Conservative Party front bench takes shape with Stockwell Day, Chuck Strahl & John Cummins all bailing out of federal Conservatives in next election!



John Cummins



Stockwell Day



Chuck Strahl

The BC Conservative Party got a huge potential boost today with Prime Minister Stephen Harper announcing that cabinet ministers Stockwell Day and Chuck Strahl and MP John Cummins were all leaving federal politics and will not seek re-election.

The BC Conservatives are seeking a new leader and any one of those three would give it instant credibility - and appeal to those who don't want to salute Premier-Designate Christy Clark and her increasingly federally Liberalized BC Liberal Party.

Having any of the three running in the next provincial election would also be a significant achievement - and scare the devil out of the BC Liberals, who of course fear any even slight split in their federal Conservative/federal Liberal coalition that could help the BC NDP win, as similar right-wing splits did in 1972, 1991 and 1996.

But the timing may be coincidental and not the jolt in the arm the provincial Tories hope for - federal election fever has a way of sorting out those running again from those who aren't.

Nonetheless, it can't be making Clark and her top advisors too comfortable - and if the BC Conservatives were lucky enough to get all three senior federal cousins to join up, it would be a stunning development in BC politics.

They would be teaming up with old MP colleagues from the Reform Party and Canadian Alliance however, including BC Conservative supporters Randy White, Darryl Stinson, Jim Hart, Andy Burton and Reed Elley.

There's also former BC Premier Rita Johnston and former Newfoundland Premier Brian Peckford on board at the BC Conservatives as advisors.

Here is Prime Minister Stephen Harper's statement today:

"STATEMENT BY PRIME MINISTER STEPHEN HARPER


Prime Minister Stephen Harper issued the following statement regarding Chuck Strahl, Stockwell Day and John Cummins not seeking re-election:

“I would like to thank Ministers Chuck Strahl and Stockwell Day, as well as Member of Parliament, John Cummins for their extraordinary dedication to public service throughout the years. I look forward to working with them in the best interest of Canada until the end of their mandate.

"They have served Canadians and their constituents with distinction.

“Stockwell has an outstanding record of achievement throughout his time in Parliament. Since his debut in public service in 1986, as a Member in the Legislative Assembly of Alberta, Stockwell’s leadership has inspired all of us.
From his role as Leader of the Official Opposition in 2000, to his success in several ministerial positions, Stockwell is respected and admired by all of his colleagues, his constituents and Canadians across the country.

“Since first elected to Parliament in 1993, Chuck has tackled each of his roles with passion and enthusiasm, and with tremendous achievement. Throughout his various ministerial positions, Chuck has worked tirelessly to improve the lives of Canadians.

“John has been a dedicated member of Parliament since 1993. Throughout this time, he has made an important contribution to Parliament, to our party and, in the last five years, our Government. He has earned enormous respect for his work on behalf of his constituents and all Canadians.

“I am both honoured and grateful to have worked with Stockwell, Chuck and John.

“Laureen joins me in expressing our gratitude, and wishing them and their families the very best in their future endeavours.”
 
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Bill Tieleman responds to Alex G. Tsakumis' allegations

Alex G. Tsakumis, Erin Chutter, Bill Tieleman at Brian Mulroney book launch in 2007

2 UPDATES AT END OF THIS ORIGINAL ARTICLE

I take no pleasure in responding to allegations posted on the blog of Alex G. Tsakumis today - no pleasure because Alex and I were once friends, until his behaviour ended that friendship suddenly several years ago.  I have no intention to go into the details.

In his post dated October 17, 2012 and titled "The Conspiracy Theorists in BC Know the BC NDP Numbers are Somewhat Soft: A Fear on the Left that the Right Will Unite" Alex makes a number of negative comments and casts several aspersions regarding my blog post on the BC Conservative Party's troubles and a previous column on that party's AGM.  Some posters on his blog do the same, along with his additional commentary.

I will not engage in a lengthy debate on the merits of the BC Conservative Party's dissidents, what role the BC Liberal Party or its members have played in these events or my motivation for discussing these issues.  

That I am a supporter of the BC NDP is hardly news and has always been well known.  In the blog item, I clearly indicated some would reject what I wrote because of that but they should debate the information presented.

Alex also writes that: "NOT ONCE, did Tieleman pay tribute to John vanDongen–who is, naturally, everyone’s hero." 

Completely wrong.  

I appreciate the work that Abbotsford-South MLA John van Dongen has done on the Basi-Virk/BC Rail case as an intervenor in Auditor General John Doyle's application for legal fee documents - and I have lauded him in my column and blog for that on September 18, even starting with a strong quote from van Dongen.  I attended at least part of every day of the BC Supreme Court hearing and spoke with van Dongen about it every day.

Later, after van Dongen quit the BC Conservatives and I was told he had been talking to BC Liberal MLAs Donna Barnett and Moira Stilwell, I called him up and interviewed him about it, as is only right, and reported his response.

I have not "gone quiet" on Basi-Virk - I've covered the case since day one on December 28, 2003, broken multiple stories, published a 10,000 word A-Z on Basi-Virk and will continue to report on it as I see fit and am able.  

But I won't take criticism like that from someone who not once attended a session of the Basi-Virk pre-trial hearings or the trial over all those years. 

Lastly, I do not disclose who my clients are any more than Alex discloses his clients or his sources of income or anyone else in the business world does.  

Nor do I need to "explain myself" to Alex G. Tsakumis.  Nor will I be posting anything on his blog.

UPDATE  7 p.m. - Alex G. Tsakumis tells me in an email that he attended seven pre-trial hearing days and one day of the trial - I accept his information and am happy to correct the record. 

UPDATE Thursday 7 p.m. - Alex G. Tsakumis has posted another article criticizing me.  I will refrain from much further commentary on it except to respond to this claim:

Tsakumis writes: 

"When I was still his colleague in 2009, three times in six months, while my column’s popularity at 24 Hours had easily eclipsed his, he took shots at me in his Tuesday column space. I went to my then editor and asked if we were a team or not. I don’t mind taking criticism, but for a colleague AND FRIEND to despicably group me together with climate change skeptics that allegedly were taking bribes from major oil companies, was beyond the pale. If it was anyone else alluding to that, I’d have immediately sued.

When he did it the last time, over my salient and factual positions against the lies told by his personal friend James Hoggan–a global warming doomsterist and climate change catastrophe propagandist, Tieleman attacked one last time.

That was it, I was on my way out the door–I immediately resigned as columnist–even though, the publisher begged me to find a way of staying. I wouldn’t without a published apology to me and my throng of readers. I wrote Tieleman three stinging, nasty emails–expletive laden and raw, telling him what a cheap shot artist I thought he was. (My then editor, I found out later was dating a PR consultant friend of Tieleman’s and Hoggan’s–thats why the cheap shot in Tieleman’s column was permitted). Your name, in this business, is everything and I wasn’t about to let someone, anyone, sully mine."

You can read the column I wrote here and decide for yourself but the only mention of Tsakumkis was as follows:

"James Hoggan’s new book Climate Cover-Up [Greystone Books] is a must-read for anyone concerned about the biggest, most pervasive effort ever at manipulating the media by some of the world’s largest and most powerful corporations.

Why, I’d even recommend it highly to my 24 hours colleague Alex Tsakumis, who has ripped Hoggan and CKNW AM 980 radio host Bill Good for two weeks straight about the issue for allegedly not providing “balance” on climate change.

[Disclosure – Hoggan and Good are friends of mine and I appear on Bill’s show every Monday – but Alex is a friend too.]"

.
Tsakumis quit 24 hours newspaper before he had read my column and before it was published.  

He did not contact me to ask what I had written in the column that evening.  I did not and do not have a "PR consultant friend" who was dating the editor.  

I do not recall taking "shots" at Tsakumis previously - certainly at that point he and I were still friends and he had not raised concerns with what I had written.

Again, I regret this situation but I will leave it to my readers to judge for themselves what happened.

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Basi-Virk wiretap alleges ex-Finance Minister Gary Collins involved with dirty tricks, media manipulation

Wiretap Said to Tie Collins to Media Tricks

Allegations pile up as legislature raid case unfolds.

TheTyee.ca

http://thetyee.ca/News/2007/05/04/CollinsWiretap/

By Bill Tieleman

Published: May 4, 2007

B.C. Supreme Court has heard a litany of allegations since the long-awaited case of the Crown vs. Basi, Virk and Basi began April 18.

And Wednesday, May 2, saw some of the most dramatic allegations to date, including the defence citing wiretap evidence that former B.C. Liberal Finance Minister Gary Collins was directly involved in media manipulation and political dirty tricks.

Almost all of the information produced in the defence disclosure application to date can be assigned to one of five key areas:

1. The alleged abuse of political power by key members of the B.C. Liberal government and the B.C. Liberal Party;
   
2. The alleged political manipulation of the $1 billion privatization of BC Rail;
   
3. The alleged pervasive influence of lobbyists on the B.C. Liberal government;
   
4. The alleged connections between the B.C. legislature raid and powerful players in the B.C. Liberal party, the federal Liberal Party of Canada-BC branch and the Paul Martin leadership campaign;
   
5. The alleged abuse of the power of the Royal Canadian Mounted Police in this investigation.
   

And despite some media reports to the contrary, the mounting allegations add up to a case on its way to becoming a huge story with the potential to become a major political scandal.


The case exploded when police armed with search warrants carted materials out of the B.C. legislature and RCMP spokesperson ominously linked it to drug dealing, organized crime and corruption but in the years since then it has been regularly derided as minor and inconsequential, involving small-time, non-elected players in a trial that's been endlessly delayed.

As the allegations and evidence begin to pile up, however, it becomes clear this case touches everyone from former Liberal prime ministers Paul Martin and Jean Chretien to former RCMP Commissioner Giuliano Zaccardelli to B.C. Liberal Premier Gordon Campbell.

And its search beam is illuminating everything from one of the biggest privatization deals in Canadian history to paid media manipulation and paid dirty tricks to top cops related to top B.C. Liberal party officials to provincial lobbyists with deputy minister pals.

Watchers of the unfolding case would do well to recall what the legendary Deep Throat told Carl Bernstein and Bob Woodward in the movie All The President's Men: "You tell me what you know, and I'll confirm. I'll keep you
in the right direction if I can, but that's all. Just... follow the money."

Basi and Collins transcript

Wednesday's court proceedings in front of Justice Elizabeth Bennett provided an object lesson in why the charges of breach of trust and fraud against David Basi and his brother-in-law Bob Virk and a money laundering charge against Basi's cousin Aneal Basi are so important and explosive.

Dave Basi was once the most powerful ministerial assistant in Victoria, serving as then-finance minister Gary Collins' eyes and ears. Bob Virk was ministerial assistant to then-transportation minister Judith Reid, while Aneal Basi was a young communications aide in government.

Then Basi and Virk were charged with leaking confidential government documents on BC Rail to lobbyists representing OmniTRAX, one of the bidders for the then publicly-owned railroad, in exchange for money and benefits.

But on Wednesday it was clear that Dave Basi was much more than just a ministerial aide. He was perhaps the government's key political operative, as well as the top organizer in B.C. for the Paul Martin forces in the battle against Jean Chretien for control of the Liberal Party of Canada -- and the country.

Late in the day, Michael Bolton, the veteran lawyer who is defending David Basi, quietly set off multiple sticks of political dynamite by reading into the record a wiretapped cell phone conversation between Basi and Collins on October 31, 2003.

The call takes place less than a month before the BC Rail sale to CN Rail is announced and as opponents to the planned deal are mobilizing against the B.C. Liberal government.

The call allegedly captures the type of media manipulation and political dirty tricks that have already been headlined previously in this case but this time Gary Collins is directly involved.

The following is a transcript taken from notes from Bolton's statement in court and is slightly abbreviated:

Collins: Hello.

Basi: Hi boss. Judith Reid was on Ben Meisner [at the time, a Prince George radio talk show host] -- she handled herself real well. There was only one call and it was ours.

Collins: Good.

Basi: Bill Vander Zalm will be on [radio] with Barb Sharp -- mayor of North Vancouver. [former B.C. premier Vander Zalm and Sharp both opposed BC Rail privatization]

Collins: Uh-huh.

Basi: I wanted to have the mayor of Squamish, who's a good friend of ours, rip Barb Sharp a new asshole. Is that okay?

Collins: Absolutely.

Basi: I called Jerry Lampert of the [BC] Business Council and said: 'Jerry, we need your help.' The Prince George Citizen might take an op-ed [opinion editorial article] but they don't want only positive pieces.

Collins: Well, you could do that....I want you to keep this completely to yourself because there's only two of us who know about this."

Basi: Okay.

Collins: I talked to the Premier. We want to put Colin Kinsley [mayor of Prince George] and the mayor of Squamish on the committee.

Basi: I'm going to call Ian Sutherland [mayor of Squamish] at home.

Collins: Uh-huh.

Basi: Then we're going to arrange calls and rip these guys up good.

Collins: Okay but don't tell Sutherland because it's the Premier who's going to call.

It should be noted again that the wiretapped conversation cited by Bolton is part of the defence allegations, which are unproven in court and to which the Crown has yet to respond.

Former North Vancouver City Mayor Barb Sharp was stunned when I called her Wednesday evening to get her reaction to the alleged comments.

"It's quite a shocker. I don't know what they were so upset about with me except that I was trying to keep BC Rail in North Vancouver," Sharp said. "It's quite inappropriate to talk about anyone that way -- what a terrible way to talk about people."

Collins’ lawyer and spokesman retained by taxpayers??

Victoria lawyer Clark Roberts has been in B.C. Supreme Court every day since the defence disclosure application began, representing Gary Collins and speaking on his behalf on several occasions to rebut defence allegations.

But Roberts left the court without speaking to the three remaining media -- myself for 24 hours newspaper and The Tyee, Rob Brown for BC CTV and Mark Hume for the Globe and Mail newspaper -- after Bolton's statement.

But Roberts himself disclosed some other interesting details earlier in the day, including that his fees for attending court daily from Victoria may be paid by B.C. taxpayers.

"I'm here to protect Mr. Collins' reputation," Roberts told journalists at a break in the proceedings.

When I asked if Collins is personally retaining him at his own expense, Roberts allowed that he may in fact be paid by taxpayers.

"Mr. Collins asked me to act for him but who is paying the bill is not clear at this time. I understand Mr. Collins has an indemnification as a former cabinet minister."

Roberts' role was actually raised the previous day in court by Virk's lawyer Kevin McCullough, who presented most of the aggressive defence case till Wednesday afternoon.

"In the case of Mr. Collins, he has a lawyer here every day. As best I can read in the newspapers, he's speaking for Mr. Collins," McCullough told Justice Bennett in asking that any witnesses for the subsequent trial be banned from attending the disclosure hearing.

McCullough also noted the presence of an RCMP officer who will be called to testify in the trial as one of the investigators.

"There will be a ban from here on in -- any witness cannot be in the courtroom," Bennett ordered immediately.

RCMP: failure to communicate?

The RCMP's role in the Basi-Virk investigation also took a beating from the defence in the past few days.

McCullough made sustained arguments he completed Wednesday that the RCMP has "tailored" its investigation in order to steer it away from elected politicians and towards Basi and Virk.

But nothing he did could have helped his case more than an unexpected phone call he received on Sunday, April 29, from a man named John Preissell.

Preissell, it turns out, had contacted RCMP in January 2005 to offer information he had about the role of provincial lobbyist Brian Kieran in the case. And after speaking to McCullough, Preissell made a surprise appearance in the courtroom Monday to give evidence.

Preissell told the court in sworn testimony as the case's unscheduled and first witness that the RCMP "didn't seem too interested" when he contacted them about Kieran, who is one of the Crown's key witnesses against the defendants.

McCullough found that amazing because first of all, special prosecutor Bill Berardino had never disclosed the Preissell tip to the defence.

And second, because Preissell testified under oath that Kieran had threatened him over a planned public campaign against Gary Collins about Insurance Corporation of B.C. issues. Collins was minister responsible then and Preissell at that time was owner of an auto body and glass repair shop having "red tape" trouble with ICBC.

"The bottom line was he [Kieran] threatened me repeatedly and said if we didn't back off of Mr. Collins we wouldn't get what we wanted," Preissell alleged. "I was actually afraid, I was very afraid."

Preissell said that at the time of the threat in the spring of 2003 he was a member of a group of the Auto Glass Survival Coalition and that another industry group he had been involved with had hired Kieran as a lobbyist.

"Kieran offered to work for the Coalition for free to embarrass ICBC but not to embarrass the minister of finance," Preissell testified.

When I contacted Kieran and read him Preissell's statement he declined comment.

"As per the past three years, I've been advised by my attorney that I should wait until I'm in court to say my piece," said Kieran, a longtime Victoria political columnist for The Province newspaper before becoming a lobbyist.

Railroading and the RCMP

Preissell's surprise appearance was followed by another surprise appearance the next day. The Crown discovered extensive notes of the tip received by veteran RCMP Sergeant Bud Bishop. And Bishop himself showed up in court.

However by the time McCullough had read Bishop's notes, he was barely able to control his anger.

"You've been hearing me repeatedly talk about the failure of the Crown and the RCMP to disclose," he told Justice Bennett. "These are comprehensive notes about BC Rail. They're not just about Mr. Preissell. Sergeant Bishop's notes were never disclosed in any way, period."

"But for Mr. Preissell phoning us, we would never have pursued this at all," McCullough said heatedly. "The special prosecutor has not met his disclosure obligations whatsoever."

It then turned out that Bishop's notes were indeed a treasure trove of information that included references to other public tips and mention of current B.C. Liberal Forests Minister Rich Coleman and former B.C. Liberal Deputy Premier Christy Clark.

"These notes contain details of conversations Sergeant Bishop had with a Terry Fergusson," about BC Rail issues, McCullough continued. Fergusson, he said, "complained about a flawed process, that he complained to Christy Clark about, that he was talking to Mr. Virk about the very flawed processes that were going on."

"Four MLAs wrote Christy Clark [or] saw Coleman," McCullough read from Bishop's notes. "He left out that Mr. Fergusson was having dealings with Christy Clark and seeing Minister Coleman. That begins to tell you, milady, how the B.C. Liberal government is operating."

Christy Clark did not respond to a request to comment on statements attributed to Fergusson. It later turned out that Fergusson is executive director of the National Historical Railway Society, a group that sued BC Rail in 1998 over money it claimed was owed to it.

The missing notes didn't anger just McCullough. Justice Bennett had sharp words for the special prosecutor as well.

"You see the problem with this?" Bennett asked Janet Winteringham, assistant to special prosecutor Bill Berardino, who is absent from the hearing.

"Yes," Winteringham answered.

"As you probably know, I practiced criminal law for 15 years before moving to the bench 10 years ago. What you're telling me is troubling, that these disclosures are coming at this stage," Bennett concluded.

Spiderman trouble

But that was far from the last thing troubling the defence. McCullough launched into a multi-day attack on the conduct of the special prosecutor and RCMP in connection with their dealing with former provincial lobbyist Erik Bornmann, who is to be the star witness against Basi, Virk and Basi.

Bornmann was a controversial character long before the B.C. legislature raid took place.

Nicknamed "Spiderman" after he entered a locked BC Liberal Party of Canada office through the ceiling, Bornmann was partners with Brian Kieran and former LPC BC president Jamie Elmhirst at Pilothouse Public Affairs.

Pilothouse was retained by BC Rail privatization bidder OmniTRAX to conduct government relations on its behalf and according to court documents, OmniTRAX spent nearly $300,000 on Pilothouse's services.

But when the final results of the BC Rail privatization were announced, OmniTRAX had lost out to CN Rail.

When the police executed search warrants on the B.C. legislature, they also searched the Pilothouse office and Bornmann's Vancouver home-office looking for evidence.

Soon afterwards the RCMP and the Special Prosecutor cut an immunity deal with Bornmann to testify against his former friends Basi and Virk, who had all worked together on the Paul Martin leadership campaign, McCullough outlined.

And it was that deal with Bornmann and the fact that the defence says it does not have any of the details about it, that troubles McCullough.

McCullough alleged that Bornmann and partner Kieran were both allowed to continue their lucrative lobbying business despite allegedly admitting to "bribing public officials" because of the deal.

He further alleged that Bornmann was also allowed to complete law school and begin articling at prestigious Toronto law firm McCarthy Tétrault despite his involvement in the BC Rail charges because of the special deal.

'Unfathomable'

McCullough said it was "unfathomable" that a lengthy statement Bornmann gave investigators in February 2005 was not disclosed to the defence.

"The Bornmann statement deals exclusively with Mr. Virk and Mr. Basi and Aneal Basi. It is to do with BC Rail and it is to do with the payments," McCullough said.

"Bornmann was not a bit player but the key player, a witness whose credibility was sullied from the get go and we don't get a statement from him," McCullough complained.

McCullough continued by alleging Bornmann was an unreliable witness who made false accusations against another likely Crown witness, Bruce Clark, brother of Christy Clark and an executive member of the Liberal Party of Canada BC.

"Bornmann provided statements regarding another potential witness. Mr. Bornmann alleged Mr. Clark bribed Mr. Basi," McCullough alleged. "A purported payment to Basi from Clark regarding Pacific Western Brewery -- Erik Bornmann stated Clark paid Basi for the information."

"Mr. Bornmann may have made one too many statements," McCullough continued. "Now the defence can rebut that statement. We understand that the allegation is not only untrue but it unfortunately compromised the good name of another. There's an indication he's making it up as he goes along."

"How did the police follow that up? Whether Mr. Bornmann was simply making false allegations in respect to Mr. Clark and Mr. Basi?" McCullough asked.

[Bruce Clark has previously told the Globe and Mail that he has already been investigated and cleared by police in that matter.]

Allegations and accusations

And so it goes in courtroom 54 as the allegations and accusations pile up.
What's sometimes stunning to remember given the number of revelations is that this is merely the preliminary defence disclosure application.

The defence will make a Charter of Rights application once this stage is complete and then, unless Justice Bennett halts the case altogether, the trial itself will begin and run for at least six months.

That means many if not all of the allegations to date will return to the courtroom but this time with witnesses called, cross-examination and evidence entered -- evidence that can be examined by journalists and the public.

During the current disclosure application stage, no evidence has been presented for the media or spectators in the public gallery to review.

But that hasn't stopped the defence from using the B.C. legislature raid case to give British Columbians its angle of view on the machinations of political power and the intersection of money, influence and government, even if only through allegations unproven in court.

Related Tyee stories:
Premier Alleged to Know of Paid Media ScamPhony hecklers, fake protesters paid by BC Libs, says Virk defence.
Basi-Virk Defence: Bold AllegationsPremier tipped off? Collins investigated pre-raid? RCMP 'bad faith'?
Will BC Rail Bomb Explode?Basi-Virk lawyers allege deal was rigged by BC Libs.

BC Legislature Raid was 4 years ago today - and still no trial

It is exceedingly hard to believe that the dramatic televised news of a police raid on the British Columbia Legislature was four years ago today - December 28, 2003 - and yet the trial of former BC Liberal government ministerial aides Dave Basi and Bob Virk and communications staffer Aneal Basi has still not taken place in BC Supreme Court.

I well remember that day. On vacation in Seattle, my cell phone suddenly started to ring constantly. When I finally answered I discovered the Legislature had been raided and that the offices of Dave Basi and Bob Virk were the targets.

The reason my cell phone was inundated with calls was because I had profiled Basi in my October 2, 2003 column in the Georgia Straight newspaper for a piece on all the connections between the federal Paul Martin Liberals and the Gordon Campbell provincial Liberals.

Every reporter who Googled Dave Basi got that column in their search.

Interestingly, as you read this piece over four years later, the number of players mentioned who were subsequently implicated in some way in this case is amazing, including key Crown witnesses Erik Bornmann and Brian Kieran.

So, as an ironic look back in time to just weeks before the raid, here is that column. Most of those with connections to the case are named in the second half of the column.

[Canadian Press reporter Camille Bains, one of the regulars at BC Supreme Court room 54, has done a good wrap-up look at the BC Legislature Raid case. Regrettably, neither the Vancouver Sun nor Province has noted this remarkable anniversary in their editions today, nor printed Camille's piece.]

The Basi-Virk trial is scheduled to begin in March 2008 and the pre-trial hearings will resume January 7, 2008. As always, stay tuned for more on this blog in the new year.

* * * * *

Bill Tieleman’s Georgia Straight Political Connections column
Oct 2-9, 2003

Local "Liberals" Prime B.C. for Martinizing

By Bill Tieleman

After promising to reverse the course of the hated Tory government, Paul Martin actually went on to embrace the policies of that administration with breathtaking enthusiasm, refashioning the role of government to an extent never dared by Brian Mulroney.

- Murray Dobbin, Paul Martin: CEO for Canada?

Forget "unite the right" merger talks between the Canadian Alliance and the Progressive Conservative Party.

A far more powerful right-wing alliance is being forged by two other political parties: the Paul Martin Liberal party of Canada and the B.C. Liberal party of Premier Gordon Campbell.

Unlike the loveless union that would result from a shotgun wedding between Alliance leader Stephen Harper and Conservative leader Peter McKay, the Paul Martin­-Gordon Campbell match is a joyful political same-sex marriage.

The connections between the federal Liberal Martinites and their B.C. Liberal counterparts are legion, though neither side is publicly announcing the love that dare not speak its name.

But from deputy premier Christy Clark on down, the B.C. Liberals are loaded with Martin disciples eager to help see Paul ascend to his rightful place as prime minister, stepping over the bodies of Jean Chrétien, Sheila Copps, and others who thwarted him.

Both Liberal parties see much to gain. The financially destitute B.C. Liberals, officially a separate party, desperately need money from Martin for projects they can't afford themselves.

The federal party needs provincial party help to elect more B.C. MPs.

The B.C. Liberals, of course, are "liberal" in name only. After the 1996 election choke, Gordon Campbell realized he needed the provincial Reform party's 10-percent vote for a Liberal win.

So he courted B.C. Reformers (and former Social Credit followers) like Richard Neufeld, now energy and mines minister, and Martyn Brown, now Campbell's chief of staff, to join his Liberal fold.

Then Campbell sold his liberal soul to win redneck votes, attacking the historic Nisga'a treaty and promising a divisive referendum on aboriginal treaties.

Paul Martin, for his part, will become the most right-wing federal Liberal leader ever. Author Murray Dobbin's new book, Paul Martin: CEO for Canada?, argues that Martin will easily displace former Conservative PM Brian Mulroney as Canada's farthest-right prime minister.

Dobbin's book makes a convincing case that Martin is a Gordon Campbell for all of Canada. For example, Martin waxed eloquent in his 1995 budget speech about slashing social-program spending down to levels not seen since the days when men wore fedoras and drove Studebakers.

"Relative to the size of our economy, program spending will be lower in 1996-97 than at any time since 1951," Martin extolled. Dobbin says that while Mulroney cut federal social-program funding by 25 percent over nine years, Martin axed it a further 40 percent in just four years.

B.C. suffered big time from the Martin cuts of the 1990s, losing at least $2.5 billion in health and social-program funding.

But Martin's B.C. campaign team still thinks Paul is the province's best friend. Led by Education Minister Clark's husband, Mark Marissen of Burrard Communications, the Martinites are a controversial group of Liberals, many working for Martin since his 1990 leadership loss to Chrétien.

Marissen is a communications consultant who has done well through the patronage of his former boss, Environment Minister David Anderson, and Martin.

A "BC Campaign Structure" federal Liberal document leaked to the Georgia Straight reveals another key member of the Martinite team with deep B.C. Liberal roots.

Former Paul Martin aide Erik Bornmann is a provincial lobbyist with Pilothouse Public Affairs Group, started by former Vancouver Province political columnist Brian Kieran. The Martin document shows Bornmann in charge of "operations".

The Pilothouse Web site says Bornmann has "over a decade of political experience inside both the B.C. Liberal Party and Liberal Party of Canada, serving in advisory and elected director capacities". Bornmann apparently earned the nickname "Spider-Man" for daring, gravity-defying feats connected to the federal Liberal membership.

Another key Martinite active in both Liberal parties is also a Pilothouse lobbyist. Jamie Elmhirst is a former David Anderson aide who recently served as ministerial assistant to Joyce Murray, B.C. Minister of Water, Land and Air Protection, after years with the B.C. Liberals in opposition.

Victoria insiders say that up to 60 percent of B.C. Liberal political staff are Martinites, including David Basi, ministerial assistant to Finance Minister Gary Collins.

The Marissen-Clark family connection with Martin is further cemented by Bruce Clark, Christy's brother, who serves on the Liberal Party of Canada's B.C. executive.

But despite media fawning over Martin's vaunted B.C. machine, a Liberal source says leadership voter turnout languished below 25 percent of the estimated 44,000 party members. That number raises questions about Marissen's ability to pull the vote when it really matters: the federal election expected by May 2004.

Speculation is rampant that several current B.C. Liberal MLAs, including Christy Clark, will run for the federal Liberal Party in that election, forcing multiple provincial byelections should they win. More on the Martinizing of British Columbia in a future column.

FOI shows Public Affairs Bureau officer reported to BC government on Basi-Virk case about NDP MLAs, Gary Collins' lawyer at Court - but what was cut?

Report shows gov't followed trial

BASI-VIRK

By BILL TIELEMAN, 24 HOURS

A Public Affairs Bureau officer reported to the B.C. government about media questions and the attendance of NDP MLAs and a lawyer representing former B.C. Liberal Finance Minister Gary Collins at pre-trial hearings in the B.C. Legislature raid case, a 24 hours Freedom Of Information request shows.

24 hours first disclosed Stuart Chase's attendance in May 14 and it became the topic of an entire question period in the B.C. Legislature, with Attorney-General Wally Oppal wrongly insisting Chase's duties were to assist the media and public but refusing to release his reports.

In fact, the 100-page FOI of Chase's reports and notes shows that he told the government who attended court and what questions media asked prosecutors and defence, as well as extensively detailing the case, in which former provincial aides David Basi and Bob Virk face breach of trust charges related to the 2003 privatization of B.C. Rail.

"Note that two NDP MLAs were in and out of the courtroom today, taking notes on what was being said," the April 27 report reads. "As far as the media is concerned, other than talking amongst themselves about the AG's new nickname, there were no comments or questions from media after the hearing today."

Oppal's nickname became "StoneWally" for not answering questions.

And Chase kept an eye out for 24 hours.

"The Canucks/GM Place ownership trial has started today, and it's creating a media frenzy that's dividing attentions away from the Basi trial. Bill Tielman, [sic] even, has barely been in the court room," reads Chase's April 30th report.

The FOI request had many sections removed.

24 hours has appealed that decision to the FOI Commissioner.

ADDITIONAL INFORMATION NOT PUBLISHED IN 24 HOURS

Chase and about 200 Public Affairs Bureau staff are political appointees hired by Order-In-Council – that is, the B.C. cabinet – and are employed “at pleasure” until their appointments are rescinded.

That was a change made by the B.C. Liberals in their first term - previously most government communications staff were public servants hired through the normal process and protected by their BC Government and Service Employees Union contract. Now they can be fired at any point by cabinet - which realistically means the Premier's Office.

Chase's reports are extremely detailed - and he shows a good eye for courtroom coverage.

In one dispatch Chase notes that president Justice Elizabeth Bennett was “visibly irritated” by a lack of disclosure of evidence to the defence and in another quotes Virk’s lawyer Kevin McCullough as alleging there might be “a privileged relationship that seems to exist between the RCMP and the B.C. Liberals.”

The severed sections were ruled "out of scope" - that is, out of the scope of my FOI request and therefore not disclosed.

But those severed sections come at very interesting junctures.

For example, here is what Chase wrote in handwritten notes dated April 23, 2007 leading up to an exclusion:

"March 29, 2006 News from Pilothouse P.A." - the next six lines are whited-out in the FOI.

In an article I wrote for The Tyee on that day's court hearing there were a number of defence allegations made, focusing on dirty tricks directed from staff in the office of Premier Gordon Campbell, in particular stacking radio talk shows with phony guests.

But there were also many references to Pilothouse Public Affairs and two of its partners, Erik Bornmann and Brian Kieran - both of whom are alleged by police to have provided bribes to David Basi and Bob Virk - and both of whom are now Crown witnesses not facing any charges. A third Pilothouse partner, Jamie Elmhirst, has been subpoenaed to testify in the trial.

Among the allegations made by the defence that day which I reported were:

"That key Crown witnesses against Basi and Virk -- provincial lobbyists Erik Bornmann and Brian Kieran -- were allowed by the RCMP and Special Prosecutor Bill Berardino to continue their lucrative lobbying business even after disclosing that they had "made serious bribes" to the two aides to obtain government information on the B.C. Rail deal.

That the RCMP knew Bornmann had lied to the media when he issued a statement saying he had been cleared of any wrongdoing but did nothing about it, not informing the government of the truth.

That there was "obviously some sort of deal" between Bornmann and the RCMP and Special Prosecutor to allow his lobbying to continue because he was acting as the key Crown witness."

And in another report dated Tuesday May 15, 2007 at 9:30 a.m. the initial 12 lines of Chase's report are removed. In notes from that afternoon over a full page is severed.

The first line from the 9:30 a.m. report that is included in the FOI reads:

"Bud Bishop was aware that Debrechyre had relationship by family to Kelly Reichert, only by way of the letter. First troubling issue to McCullough is the BC Liberal Party involvement in the issue. Recalled a comm b/t Reichert and Campbell that outlined charges which would be laid."

This section apparently refers to RCMP Sargeant Bud Bishop and RCMP Inspector Kevin DeBruyckere, who was in charge of the investigation despite being the brother-in-law of Kelly Reichert - who is the BC Liberal Party's Executive Director.

The "comm b/t" appears to be the communication between Reichert and Premier Gordon Campbell about possible additional charges that the RCMP were contemplating laying against David Basi over political dirty tricks he allegedly was involved in. Reichert, the defence alleged based on evidence disclosed to them, asked the RCMP not to lay charges as it would be embarrassing to the party. No charges were in fact laid.

Here is what I wrote for 24 hours about the court hearing May 15:

"Virk's defence lawyer Kevin McCullough alleged that the RCMP consulted B.C. Liberal Party Executive Director Kelly Reichert, who told Premier Gordon Campbell that criminal charges were recommended against Basi.McCullough alleged an "effort by Reichert to not have the charges approved. That reeks of political interference."

The allegations come from a June 24, 2005 RCMP report titled: "Kelly Reichert - Do Not Disclose."

McCullough said a recorded RCMP interview with Reichert was stopped but a conversation continued.

"After the tape was turned off Mr. Reichert was asked if the Liberal Party was comfortable being the victim in three payments to Basi. Reichert said frankly any good to the party by prosecutions would be outweighed by the embarrassment to the party, with the issue of the load of manure dumped on Jim Sinclair's lawn and sending people to the B.C. Federation of Labour convention," McCullough alleged.

Sinclair told 24 hours there were protesters at the Federation convention but that his home was never attacked. Sinclair asked why the RCMP would allegedly consult the Liberal Party but not the Federation."

Chase's notes are again whited-out in the afternoon session of court on May 15, starting just after McCullough tells Justice Elizabeth Bennett that he needs Bornmann's lawyer George McIntosh in court for cross-examination regarding the agreement reached with Special Prosecutor Bill Berardino that resulted in Bornmann becoming the key Crown witness and not facing any charges.

The severed section lasts for 36 lines, then continues with: "Letter noting Collins was not advised of surveillance - March 24, 2004. Facts are inconsistent with reasoning of Sgt. Debruckyer given the fact that he had knowledge of wiretaps. Mentioned the meeting w Claude Richmond again, w took place in Kamloops to get Richmond's permission to search the house."

So what was said in BC Supreme Court on May 15 that the Public Affairs Bureau wanted whited out between those two disclosed segments?

The FOI appeal may reveal that but fortunately, we can get some immediate idea from my own courtroom notes, which do not mirror Chase's but may be informative.

That afternoon defence lawyer McCullough was exploring the details of the Crown's deal with Erik Bornmann.

McCullough quoted from "RCMP Sgt. Finner's notes" in court [possibly Sgt. Pat Finner]:

"Mr. Bornmann said he'd received a letter from Mr. Berardino. I was aware that Mr. Berardino had spoken to the media and said that Mr. Bornmann's interpretation may be misleading to the public."

McCullough then drew his own conclusion: "Mr. Berardino, apparently was contacting the media directly. We have no disclosure of that....he was concerned that Mr. Bornmann was taking advantage of that self-exoneration so he could lobby, lobby, lobby and make money, money, money. So he could go on to a law career."

There were other topics that afternoon but Bornmann's deal was the main one. Why references to it were removed from the FOI request as "out of scope" is just another puzzling question in a very puzzling case.