Erik Bornmann, Basi-Virk key Crown witness alleged to have bribed government officials, passes New York State bar exam

Key witness passes NY bar exam

Basi-Virk trial

June 14, 2007

By BILL TIELEMAN, 24 HOURS

Erik Bornmann, the subject of police allegations filed in B.C. Supreme Court that he bribed two provincial government officials involved in the $1 billion B.C. Rail privatization, has passed the New York State bar examination required to become a lawyer, 24 hours has exclusively learned.

Bornmann is the key Crown witness in the trial of ex-ministerial aides David Basi and Bob Virk. They face breach of trust and fraud charges for allegedly taking benefits to provide inside B.C. Rail information to Bornmann, then a lobbyist for OmniTRAX, one of the bidders.

But Bornmann could become a New York lawyer there if he successfully completes two more tests, says John McAlary, Executive Director of the New York State Board of Law Examiners.

"Mr. Bornmann passed the exam but he is not certified for admission," McAlary told 24 hours from Albany, New York. "He's not been admitted to the New York bar because he's missing his Multistate Professional Responsibility Exam."

"That ethics exam is required to be admitted," McAlary said. "He may have taken the test but not filed it with us."

McAlary said Bornmann must also be approved by the New York State Supreme Court's Appellate Division.

"The Appellate Division would do a background check and determine if he passed the 'good character' test," McAlary said.

When told by 24 hours of allegations that Bornmann bribed public officials, McAlary responded: "That would be unusual, even in New York."

Bornmann's lawyer George Macintosh declined to comment when contacted by 24 hours.
McAlary confirmed that Bornmann passed the New York exam in July 2006.

Bornmann left an articling law student position at the Toronto firm McCarthy Tetrault after 24 hours reported about it last year.

Bornmann also withdrew an application for admission to the Law Society of Upper Canada in Ontario prior to a 'good character' hearing scheduled for November 2006.

Bornmann's lawyer at the time had asked that the media and public be banned from that hearing or a publication ban be imposed.

Ontario Law Society to discuss scheduling of Erik Bornmann's "good character" hearing at meeting Tuesday July 3

The key Crown witness in the breach of trust and fraud trial of former BC Liberal ministerial aides David Basi and Bob Virk - lobbyist Erik Bornmann - continues his efforts to become an Ontario lawyer on Tuesday July 3 in Toronto.

The Law Society of Upper Canada confirmed Thursday that a scheduling meeting will be held Tuesday to discuss when Bornmann's "good character" hearing will take place.

In November 2006 that "good character" hearing was delayed due to the impending trial of Basi and Virk.

As I reported exclusively in 24 hours and this blog, the hearing into Bornmann's "good character" resulted from a complaint to the Law Society. Police have alleged that Basi and Virk were bribed by Bornmann to obtain confidential government documents related to the $1-billion B.C. Rail privatization. Bornmann was a lobbyist for OmniTRAX, one of the bidders.

Law Society Communications Manager Lisa Hall said today that the July 3 meeting of the Hearing Management Tribunal is to deal with scheduling the Bornmann hearing not the "good character" issue itself.

"The merits are not being spoken to," Hall said. She was unable to say if the scheduling meeting was open to the public or the media.

Anyone admitted to the bar must be of "good character" according to Bar Society regulations.

Those regulations read in part:

"Part VI: Good Character Requirement

10. Good Character

(1) In order to be admitted into the Licensing Process, an applicant shall be of good character.

(2) A student shall be of good character.

(3) In order to determine whether the applicant or student is of good character, the Society may require the applicant or student to provide information and/or supporting documentation regarding good character."

Bornmann has also attempted to gain admission to the New York State bar as a lawyer and has passed the New York bar exam, as reported in 24 hours and this blog exclusively last month.

Bornmann's lawyer, Bryan Finlay, had asked in November 2006 to delay the "good character" hearing until after the Basi-Virk trial, which was then presumed would take place in the spring of 2007 but has since been delayed.

Finlay wrote on November 21, 2006 to the LSUC: "Consequently we would ask that this hearing be adjourned to July 2007 to set a date. It may be that if the criminal trial is further delayed, there will be a need to proceed with this Hearing without further delay. Erik's professional life cannot be held in abeyance for years."

Bornmann's lawyers had wanted the media and public excluded from the originally-scheduled hearing or a publication ban imposed. At that time Vancouver lawyer Dan Burnett said in an interview that his client, Global Television, was planning on arguing against such a ban or exclusion had the hearing proceeded.

Erik Bornmann - key Crown witness in Basi-Virk case - has April 21 hearing in efforts to become Ontario lawyer

The ongoing efforts of Erik Bornmann, the Crown’s key witness in the breach of trust case against former B.C. government ministerial aides David Basi and Bob Virk, to become an Ontario lawyer will take another step on April 21 in Toronto.

On that date the Law Society of Upper Canada will hold a Hearing Management Tribunal to determine the next steps in Bornmann's much-delayed application to the bar.

Bornmann was to be the subject of a “good character” hearing last year to determine his admissibility as a lawyer because of complaints regarding his role in the Basi-Virk case. Bornmann is alleged by police to have provided benefits to Basi and Virk in exchange for confidential government information on the $1 billion privatization of BC Rail.

At the time Bornmann was retained as a lobbyist for OMNITrax, the American company that was one of the bidders for BC Rail. Neither Bornmann nor OMNITrax is facing charges.

Bornmann’s lawyer had last year requested an adjournment so that it would take place after the trial but lengthy delays have ensured trial will not start until well after April 21. The next major pre-trial hearings, scheduled for three weeks court time, begins May 5 and will deal with so-called BC Rail "vets" - the vetting of documents related to the deal that may be introduced as evidence.

An official with the Law Society of Upper Canada told me today that the April 21 hearing will not be the "good character" hearing, which will be open to the public and media, but will deal with the next steps in that process.

The Society's regulations read in part: "Part VI: Good Character Requirement

10. Good Character

(1) In order to be admitted into the Licensing Process, an applicant shall be of good character.

(2) A student shall be of good character.

(3) In order to determine whether the applicant or student is of good character, the Society may require the applicant or student to provide information and/or supporting documentation regarding good character."

Bornmann has previously requested a closed hearing or publication ban on the deliberations.

Bornmann has also attempted to gain admission to the New York State bar as a lawyer and has passed the New York bar exam, as reported previously here.

Basi-Virk key Crown witness Erik Bornmann decision on becoming lawyer in Ontario reserved by Law Society

Erik Bornmann

The Law Society of Upper Canada has today reserved its decision on whether to allow Eric Bornmann - the key Crown witness in the Basi-Virk/BC Legislature Raid case - to become a lawyer in Ontario.

Bornmann, the former BC lobbyist who admitted paying money and other benefits in exchange for confidential government information from former BC Liberal  Ministerial Aides David Basi and Bob Virk on the sale of BC Rail in 2003, applied to be admitted to the bar several years ago after graduating with a law degree from the University of BC.

No timeline for a decision on Bornmann's application has been given by the Society.

The Bornmann application and another to New York State to practice law there were both broken by me in 24 hours newspaper.

.

Erik Bornmann's "good character" hearing to become Ontario lawyer held over to April 26 - Basi-Virk Crown witness faces opposition

The "good character" hearing on Basi-Virk key Crown witness Erik Bornmann's attempt to become a lawyer in Ontario has been held over until April 26, the Law Society of Upper Canada confirmed today.

Bornmann, who police say provided ex-BC Liberal ministerial aides David Basi and Bob Virk with money and benefits in exchange for confidential government information about the sale of BC Rail in 2003, is required to pass what a Society spokesperson called a "licensing hearing" before he can be admitted to the bar as a lawyer.

Bornmann completed his law degree at the University of BC and previously applied to both the Ontario and New York state law societies for admission as a lawyer but was unsuccessful to date.

A two-day hearing that began in Toronto yesterday was not long enough to complete the process, the spokesperson said in an interview Tuesday.

.