AFTERNOON BC SUPREME COURT UPDATE
More fascinating defence allegations again this afternoon.
And you know there is blood in the water when sharks show up all the way from Victoria!
NDP MLAs Leonard Krog and Mike Farnworth, critics for Attorney-General and Public Safety respectively, attended court today to take in the proceedings.
Krog told me this afternoon that: "The Premier's office, the BC Liberal Party, the Crown and the RCMP all have a lot of questions to be answered about this case."
Kevin McCullough, defence lawyer for Bob Virk, raised several more issues this afternoon about the deal with key Crown witness Erik Bornmann, including detailed references to a news story I wrote in 24 hours newspaper last year revealing that Bornmann was articling to become a lawyer in the major Toronto law firm of McCarthy Tetrault.
Bornmann left McCarthy Tetrault after the story appeared. McCarthy Tetrault and Bornmann had at least one thing in common - their strong support for former Prime Minister Paul Martin.
McCarthy Tetrault donated over $100,000 to Martin's federal Liberal leadership campaign, while Bornmann was a key backer and organizer in BC.
Late in the day McCullough raised a controversial email alleged obtained from the computer of PilotHouse Public Affairs - the provincial lobby firm owned by Bornmann, former Province columnist Brian Kieran - another key Crown witness - and Jamie Elmhirst, former Liberal Party of Canada BC president, who has been subpoenaed to testify in the case.
The email between the three lobbyists allegedly discussing then-Deputy Minister of Finance Paul Taylor, now ICBC CEO, and how he provided advice to Kieran during a fishing trip on how to sign up the BC Automobile Dealers Association as new clients.
That email, leaked to me at 24 hours but not published, later found its way into the Globe and Mail newspaper. As I've previously reported, I have declined a request from the RCMP to tell them where I obtained the email.
More later at this blog.
EARLIER REPORT FILED AT 1 P.M.
The defence in the trial of former BC Liberal government ministerial aides David Basi and Bob Virk today alleged the Crown has deliberately refused to disclose details of a secret immunity agreement with key Crown witness Erik Bornmann.
And Kevin McCullough, lawyer for Virk, alleged in BC Supreme Court that Special Prosecutor Bill Berardino actually cancelled an immunity deal with Bornmann after the former provincial lobbyist implicated in the BC Rail deal told media he had been cleared of any wrongdoing by the RCMP and Special Prosecutor.
But McCullough says that ultimately the deal was not terminated and alleged that both the RCMP and the Special Prosecutor allowed Bornmann to falsely claim he had been exonerated in order to continue his highly-paid business lobbying the Gordon Campbell government for corporate clients.
These are defence allegations only, unproven in court and the Crown has not yet responded to them. The defence is arguing a disclosure application before Justice Elizabeth Bennett.
McCullough alleged that Bornmann's statement to media that he had been exonerated was false.
"Mr. Bornmann had bribed public officilas, had made submissions that he had committed criminal offences," McCullough alleged.
McCullough also alleged that the Special Prosecutor had been "stonewalling" all defence requests for details about the deal, why it was apparently cancelled in a phone message to Bornmann's lawyer and why despite knowing Bornmann had not been cleared neither the RCMP nor Berardino corrected the record.
"When the Special Prosecutor chose to cut the immunity deal with Mr. Bornmann they were obligated to disclose the details," McCullough said. "It's an absolute stonewall to providing that information."
On Tuesday in court Janet Winteringham, Berardino's associate, had objected to McCullough's characterization of Berardino's conduct in the case, saying it amounted to an allegation of "prosecutorial misconduct."
McCullough also said it was strange that the RCMP had never requested the financial or tax records of Erik Bornmann in their investigation.
McCullough said that Aneal Basi, a former government communications aide alleged to have laundered payments by Bornmann to David Basi for confidential government information on the BC Rail deal, was actually issued a T-5 income tax receipt by Bornmann but that was never sought by RCMP.
Friday, April 27, 2007
Thursday, April 26, 2007
Ex-Finance Minister Gary Collins meets Prem Vinning, former BC Liberal staffer caught in phony talk show call
EXCLUSIVE
By Bill Tieleman, 24 hours
[NOTE: A shorter version of this story was published Thursday in 24 hours.]
Former B.C. Liberal Finance Minister Gary Collins had a lunch meeting Wednesday with an ex-staff member of Premier Gordon Campbell’s office who resigned after being caught making a phony call to Campbell during a talk show .
Prem Vinning quit his job as the premier’s Asia-Pacific trade and economic development director in January 2005 after 24 hours’ reporter Sean Holman identified him as the caller to an M-Channel television who said his name was “Peter.”
After Vinning resigned Campbell said: "It's always good to say who you are. Clearly it was a mistake. He's done the right thing."
While neither Collins nor Vinning volunteered to 24 hours yesterday what their meeting was about when spotted in the Cactus Club at Broadway and Granville, Collins did admit he was “in the news” a lot as a result of allegations in the breach of trust trial of his former ministerial aide David Basi.
The defence alleges that Basi was paid $20,000 by the B.C. Liberal Party to organize and make fake calls to talk show programs and to set up phony protests to embarrass political opponents. Those allegations are unproven in court and Campbell has repeatedly refused to answer questions on the issue, saying it is inappropriate to comment.
Vinning only had his job for three days when called M-Channel asking Campbell about what he was doing to improve highways for truckers.
"That's a very, very good question," Campbell replied on air.
Vinning is a veteran B.C. and federal Liberal Party organizer. Collins recently quit his job as CEO of Harmony Airways to become a senior vice-president of Belkorp, a Vancouver investment firm owned by Stuart Belkin.
By Bill Tieleman, 24 hours
[NOTE: A shorter version of this story was published Thursday in 24 hours.]
Former B.C. Liberal Finance Minister Gary Collins had a lunch meeting Wednesday with an ex-staff member of Premier Gordon Campbell’s office who resigned after being caught making a phony call to Campbell during a talk show .
Prem Vinning quit his job as the premier’s Asia-Pacific trade and economic development director in January 2005 after 24 hours’ reporter Sean Holman identified him as the caller to an M-Channel television who said his name was “Peter.”After Vinning resigned Campbell said: "It's always good to say who you are. Clearly it was a mistake. He's done the right thing."
While neither Collins nor Vinning volunteered to 24 hours yesterday what their meeting was about when spotted in the Cactus Club at Broadway and Granville, Collins did admit he was “in the news” a lot as a result of allegations in the breach of trust trial of his former ministerial aide David Basi.
The defence alleges that Basi was paid $20,000 by the B.C. Liberal Party to organize and make fake calls to talk show programs and to set up phony protests to embarrass political opponents. Those allegations are unproven in court and Campbell has repeatedly refused to answer questions on the issue, saying it is inappropriate to comment.
Vinning only had his job for three days when called M-Channel asking Campbell about what he was doing to improve highways for truckers.
"That's a very, very good question," Campbell replied on air.
Vinning is a veteran B.C. and federal Liberal Party organizer. Collins recently quit his job as CEO of Harmony Airways to become a senior vice-president of Belkorp, a Vancouver investment firm owned by Stuart Belkin.
Wednesday, April 25, 2007
Premier Gordon Campbell refuses to comment on Basi-Virk trial allegations of media manipulation; defence to request cabinet BC Rail files
Premier won't comment on trial claims
By SEAN HOLMAN & BILL TIELEMAN, 24 HOURS
Premier Gordon Campbell was put on the hot seat by both media and the New Democrat opposition yesterday over defence allegations in a B.C. Supreme Court case that his B.C. Liberal government and party had secretly manipulated the media.
But despite intense questioning inside and outside the Legislature, Campbell maintained he will not address the allegations until the trial of ex-government aides David Basi, Bob Virk and Aneal Basi on breach of trust charges related to the $1-billion privatization of B.C. Rail is over.
Virk's lawyer Kevin McCullough alleged Monday the B.C. Liberal Party paid David Basi $20,000 to run a "dirty tricks" campaign involving top Campbell advisors that included phony talk-show callers and fake protestors.
One variation of Campbell's repeated response: "I'm not going to talk about any issues that arise out of this court case until such a time as the court case is complete."
Meanwhile in B.C. Supreme Court, McCullough accused Special Prosecutor Bill Berardino of "stonewalling" defence disclosure requests about a deal granting immunity from prosecution to key Crown witness Erik Bornmann.
McCullough told Justice Elizabeth Bennett that repeated defence efforts to obtain information it needs have been blocked.
That brought an objection from the Crown's Janet Winteringham, who said McCullough's allegations amounted to an accusation of "prosecutorial misconduct."
McCullough also served notice that the defence will file a motion on Friday requesting disclosure of all relevant government documents related to the B.C. Rail deal, including confidential cabinet documents and e-mails between ministers and possibly the premier.
By SEAN HOLMAN & BILL TIELEMAN, 24 HOURS
Premier Gordon Campbell was put on the hot seat by both media and the New Democrat opposition yesterday over defence allegations in a B.C. Supreme Court case that his B.C. Liberal government and party had secretly manipulated the media.
But despite intense questioning inside and outside the Legislature, Campbell maintained he will not address the allegations until the trial of ex-government aides David Basi, Bob Virk and Aneal Basi on breach of trust charges related to the $1-billion privatization of B.C. Rail is over.
Virk's lawyer Kevin McCullough alleged Monday the B.C. Liberal Party paid David Basi $20,000 to run a "dirty tricks" campaign involving top Campbell advisors that included phony talk-show callers and fake protestors.
One variation of Campbell's repeated response: "I'm not going to talk about any issues that arise out of this court case until such a time as the court case is complete."
Meanwhile in B.C. Supreme Court, McCullough accused Special Prosecutor Bill Berardino of "stonewalling" defence disclosure requests about a deal granting immunity from prosecution to key Crown witness Erik Bornmann.
McCullough told Justice Elizabeth Bennett that repeated defence efforts to obtain information it needs have been blocked.
That brought an objection from the Crown's Janet Winteringham, who said McCullough's allegations amounted to an accusation of "prosecutorial misconduct."
McCullough also served notice that the defence will file a motion on Friday requesting disclosure of all relevant government documents related to the B.C. Rail deal, including confidential cabinet documents and e-mails between ministers and possibly the premier.
Tuesday, April 24, 2007
"Stonewalling" alleged by defence in Supreme Court and NDP Opposition in Legislature in Basi-Virk case
"Stonewalling."
That's what defence lawyer Kevin McCullough alleged Tuesday in BC Supreme Court that Special Prosecutor Bill Berardino has been doing in response to repeated requests for details of a deal lobbyist Erik Bornmann cut for immunity from prosecution for testifying against three ex-government aides.
Across the water in Victoria, the New Democrat opposition were saying Premier Gordon Campbell was "stonewalling" too - refusing to answer their repeated question about earlier defence allegations that Campbell's top staff had been involved in a "dirty tricks" operation involving paid media manipulation and fake protestors.
Facing repeated questions from both the NDP in the Legislature's Question Period and the media outside, Campbell dodged and dodged some more.
“I’m not going to talk about any issues that arise out of this court case until such a time as the court case is complete…I don’t believe it’s appropriate to talk until this case is complete,” Campbell said, in several similar variations.
But the allegations weren't going away in BC Supreme Court either, where defence lawyers for ex-ministerial aides David Basi and Bob Virk and ex-government communications aide Aneal Basi attacked the Special Prosecutor's conduct.
"We've been pounding for a year and a half to get details of the Bornmann deal," an exasperated McCullough told Justice Elizabeth Bennett. "The only reasonable inferrence one can draw is that he [Berardino] is stonewalling."
That accusation drew an objection from Janet Winteringham, Berardino's co-counsel.
"I want to raise an objection regarding defence allegations about Mr. Berardino's conduct. That conduct could or would amount to prosecutorial misconduct," she said. Winteringham said she would have more to say about the defence attack when the Crown responds later in the hearing.
Berardino is not in the courtroom and Winteringham said after the hearing that Berardino is away for "a few weeks" without further explanation.
Also today in BC Supreme Court - McCullough gave Justice Elizabeth Bennett notice that the defence would be requesting extensive cabinet and ministerial documents related to the $1 billion privatization of BC Rail, including files and emails between ministers, possibly including the premier.
And McCullough spent most of the day criticizing Special Prosecutor and RCMP conduct in allowing key Crown witnesses Erik Bornmann and Brian Kieran to continue their lucrative lobbying business after allegedly admitting to providing bribes to Basi and Virk for information related to the BC Rail deal.
McCullough also criticized the Special Prosecutor and RCMP for allowing Bornmann to article for his law degree in Toronto at McCarthy Tetrault. A letter from Basi's lawyer Michael Bornmann was cited in which Bolton said a story I had written in 24 hours newspaper August 1, 2006 was the first evidence that Bornmann was articling student.
In that letter Bolton wrote: "We ask that the police takes steps forthwith," noting that Bornmann's alleged bribery should come to the attention of the Law Society of Upper Canada.
The hearing now adjourns for two days, resuming on Friday April 27.
See 24 hours for my story on the hearing in Wednesday's edition.
That's what defence lawyer Kevin McCullough alleged Tuesday in BC Supreme Court that Special Prosecutor Bill Berardino has been doing in response to repeated requests for details of a deal lobbyist Erik Bornmann cut for immunity from prosecution for testifying against three ex-government aides.
Across the water in Victoria, the New Democrat opposition were saying Premier Gordon Campbell was "stonewalling" too - refusing to answer their repeated question about earlier defence allegations that Campbell's top staff had been involved in a "dirty tricks" operation involving paid media manipulation and fake protestors.
Facing repeated questions from both the NDP in the Legislature's Question Period and the media outside, Campbell dodged and dodged some more.
“I’m not going to talk about any issues that arise out of this court case until such a time as the court case is complete…I don’t believe it’s appropriate to talk until this case is complete,” Campbell said, in several similar variations.
But the allegations weren't going away in BC Supreme Court either, where defence lawyers for ex-ministerial aides David Basi and Bob Virk and ex-government communications aide Aneal Basi attacked the Special Prosecutor's conduct.
"We've been pounding for a year and a half to get details of the Bornmann deal," an exasperated McCullough told Justice Elizabeth Bennett. "The only reasonable inferrence one can draw is that he [Berardino] is stonewalling."
That accusation drew an objection from Janet Winteringham, Berardino's co-counsel.
"I want to raise an objection regarding defence allegations about Mr. Berardino's conduct. That conduct could or would amount to prosecutorial misconduct," she said. Winteringham said she would have more to say about the defence attack when the Crown responds later in the hearing.
Berardino is not in the courtroom and Winteringham said after the hearing that Berardino is away for "a few weeks" without further explanation.
Also today in BC Supreme Court - McCullough gave Justice Elizabeth Bennett notice that the defence would be requesting extensive cabinet and ministerial documents related to the $1 billion privatization of BC Rail, including files and emails between ministers, possibly including the premier.
And McCullough spent most of the day criticizing Special Prosecutor and RCMP conduct in allowing key Crown witnesses Erik Bornmann and Brian Kieran to continue their lucrative lobbying business after allegedly admitting to providing bribes to Basi and Virk for information related to the BC Rail deal.
McCullough also criticized the Special Prosecutor and RCMP for allowing Bornmann to article for his law degree in Toronto at McCarthy Tetrault. A letter from Basi's lawyer Michael Bornmann was cited in which Bolton said a story I had written in 24 hours newspaper August 1, 2006 was the first evidence that Bornmann was articling student.
In that letter Bolton wrote: "We ask that the police takes steps forthwith," noting that Bornmann's alleged bribery should come to the attention of the Law Society of Upper Canada.
The hearing now adjourns for two days, resuming on Friday April 27.
See 24 hours for my story on the hearing in Wednesday's edition.
Premier Gordon Campbell Alleged to Know About Paid Media Manipulation at Basi-Virk Trial Hearing, with Own Staff Involved
Premier Alleged to Know of Paid Media Scam
Phony hecklers, fake protesters paid by BC Libs, says Virk defence.
By Bill Tieleman
Published: April 24, 2007
TheTyee.ca
Staff members in the office of Premier Gordon Campbell and the B.C. Liberal Party were directly involved in paid media manipulation, the defence in the B.C. legislature raid case alleged in B.C. Supreme Court on Monday.
And a defence lawyer claimed Campbell was aware that the B.C. Liberal Party was paying government staff on the side to organize stacked phone calls to talk radio shows.
The controversial allegations came fast and furious, and seemed to be aimed at building a case that the defendants were operatives constantly carrying out orders from top politicians in the B.C. Liberal Party, and therefore unlikely to act on their own in breaking the law in government dealings.
Kevin McCullough, lawyer for Bob Virk, the former provincial ministerial aide charged with breach of trust and fraud related to the $1 billion B.C. Rail privatization, outlined a litany of activities he alleged involved top government and party officials.
Among the new allegations McCullough made:
Wiretaps cited as sources
On Monday, Mike Morton declined to comment when contacted by my 24 Hours colleague Sean Holman in Victoria, while B.C. Liberal House Leader Mike de Jong refused to discuss the case, saying: "I'm not going to talk about what's going on in court today."
For his part, Premier Campbell said previously that he would not respond to what comes up in court.
But the allegations raised by McCullough were detailed and with each one he cited sources -- such as dates and times when RCMP wiretaps allegedly caught Basi and Reichert discussing dirty tricks; e-mails; RCMP "continuation reports"; and other evidence disclosed to the defence in preparation for the trial.
Ironically, this section of the court hearing in front of Justice Elizabeth Bennett is a defence disclosure application, where lawyers for Basi, Virk and former government communications aide Aneal Basi are arguing to get access to even more information they say has not been provided to them.
In addition to the allegations about the inner workings of media manipulation of talk shows and other political activities, the defence also provided many tantalizing comments that, while not spelled out, suggested interesting other angles on the whole case.
Stacking radio phone calls
Also included in McCullough's allegations Monday were statements:
That column specifically mentions, among others, David Basi, Erik Bornmann, Brian Kieran and Mark Marissen, who was then Martin's campaign director for BC and husband to then-Deputy Premier Christy Clark.
And so it went in court, allegation after allegation raised by the defence.
'Gord was yelling at Reichert'
It was at times as if the roof had been lifted off the giant ant farm that is the BC legislature, letting all in the courtroom have a sneak peak at what just might have been going on there in 2003.
But there were more details than ever before as well.
In the highly controversial allegation related to the $1 billion privatization of B.C. Rail, McCullough said B.C. Liberal Party Executive Director Kelly Reichert was taped by police in a call to Basi on Oct. 28, 2003, discussing a situation where Premier Campbell's Press Secretary Mike Morton sat with OmniTRAX, one of the companies bidding for the rail company, along with their lobbyists from Pilothouse Public Affairs, at a Liberal fundraising dinner.
"Reichert says he gave Gord a three-page memo on Saturday. Gord was yelling at Reichert because Mike Morton had fucked up. There was a dinner where Mike Morton is positioned with OmniTRAX -- he's at the Pilothouse table," McCullough said.
Of course we now know that two of Pilothouse's partners, Erik Bornmann and Brian Kieran, are key witnesses for the Crown against Basi and Virk, while the third, former Liberal Party of Canada B.C. president Jamie Elmhirst, has been subpoenaed to testify in the trial.
Talk show fakery?
Then there were the multiple allegations of manipulating talk radio shows in Vancouver, Victoria and Prince George. Last week McCullough disclosed that Basi was paid $20,000 for two separate "media monitoring" contracts that he said were ""a highly political effort to sway public opinion through the use of radio shows and other events."
On Monday, McCullough went into considerable detail, saying he was quoting from an e-mail he alleged came from Premier Campbell's press secretary Mike Morton to David Basi.
"The first of these emails is from Mike Morton in the Premier's office. It's dated March 11, 2002," McCullough said.
"'Thanks Dave -- I'll let the premier know your team is in place, whereas MM's is not. The premier will be on John McComb's show -- there will be a call-in,'" McCullough read in court.
McComb is a radio talk show host at CKNW AM 980. It is not clear if the "MM" is Mike McDonald, the former B.C. Liberal caucus communications director in Victoria, but McDonald was referred to repeatedly by McCullough.
In one somewhat humorous exchange in court, McCullough read from the transcript of a call between Basi and McDonald.
"'Dave's asking Mike if he wants to make some calls to CKNW after the MLA is on,'" McCullough alleged.
Justice Elizabeth Bennett interjected: "Is this a Liberal MLA?"
McCullough: "Yes."
Bennett responded: "I should have known that."
McCullough also quoted a Nov. 23, 2003, document alleging calls being set up to apparently ambush NDP Leader Carole James.
"It's a call in response to Carole James -- she's going to be on the Bill Good Show tomorrow -- Mike asks him to 'get the posse together,'" McCullough said.
"They're not just lobbing softball questions to the premier -- they're setting the stage for calls to the leader of the Opposition," McCullough alleged.
In another intercepted call on Oct. 16, 2003, Reichert tells Basi that: "Three MLAs got killed on the Joe Easingwood Show -- just slaughtered." Easingwood is the host of a morning talk radio show on Victoria's CFAX station.
Concern about BC Rail deal
In other intercepted calls -- and McCullough said there were 43 of them between October and December 2003 alone -- there was significant discussion of the B.C. Rail deal.
McCullough referred to a call of Oct. 20, 2003, little more than a month before the B.C. Rail sale to CN Rail was announced.
"In that call, what are Mr. Basi and Mr. Reichert discussing? B.C. Rail polls -- and they both ask each other not to talk to anyone," McCullough alleged.
Then in a Nov. 17, 2003, call, McCullough claims: "Reichert was concerned about validators on B.C. Rail." The B.C. Rail deal was announced days later.
In response to a question from Justice Bennett, McCullough explained that validators are "the government's attempt to get shippers and communities on side" of the B.C. Rail privatization deal.
'Worry about FOI?'
In yet another wiretapped call, Basi shows his contempt for freedom of information laws, according to McCullough.
"Basi: send the e-mail to my work e-mail address."
"Reichert: Can I? I don't have to worry about FOI?"
"Basi: FOI is for those puritanical [inaudible]." McCullough claimed Basi said he deleted such e-mails.
Then back to media manipulation of radio shows.
McCullough quoted Reichert on Dec. 3, 2003: "Gary Collins was live with Bill Good today. Dave said all the calls were positive and, of course, prompted."
In another alleged reference to Press Secretary Mike Morton's role in media manipulation, McCullough said an RCMP-intercepted voice mail message Dec. 4, 2003, for Basi from Reichert said: "Morty wanted me to phone just to let you know the premier is on Terry Moore next Monday." McCullough said "Morty" was believed to be Morton. Terry Moore is a CFAX Victoria radio station host.
There was also extensive discussion by McCullough about the fact that B.C. Liberal Party Executive Director Kelly Reichert is the brother-in-law of RCMP Inspector Kevin DeBruyckere, one of the lead investigators.
McCullough again alleged that DeBruyckere did not disclose that relationship until March of 2004, and that he was interested in references to Reichert caught on wiretaps.
"The defence says it's quite remarkable that Inspector DeBruyckere makes no reference to his relationship to the Liberal party through Mr. Reichert but makes inquiries to the monitoring room about Mr. Reichert," McCullough said. He said DeBruyckere mentions his relationship to Reichert in March 2004 but said there was no information about that disclosure.
By the end of the day McCullough had made clear his purpose with the massive disclosure of the inner workings of the B.C. Liberal government and party.
David Basi and Bob Virk were following government and party orders throughout this period, McCullough said, in a wide variety of highly political operations.
To argue, therefore, as the Crown is, that Basi and Virk were acting on their own in the breach of trust situation simply does not make sense, McCullough inferred.
"This government was using Mr. Basi every which way and the RCMP knew it and they undertook no investigation," McCullough argued, cleverly using the actual title the RCMP gave to their case -- Operation Everywhichway.
"There was an intention to put this investigation on the backs of Mr. Basi and Mr. Virk, and take it away from elected officials."
The case continues and so, likely, does the series of fascinating allegations.
Related Tyee stories:
Basi-Virk Defence: Bold Allegations
Will BC Rail Bomb Explode?
'Spiderman' in a Web of Intrigue
Bill Tieleman is a regular Tyee contributor who writes a column on B.C. politics every Tuesday in 24 Hours, the free weekday newspaper, also online at http://vancouver.24hrs.ca. Tieleman can be heard every Monday at 10 a.m. on the Bill Good Show on CKNW AM 980 or at http://www.cknw.com. E-mail him at weststar@telus.net or visit his blog at: http://billtieleman.blogspot.com.
Phony hecklers, fake protesters paid by BC Libs, says Virk defence.
By Bill Tieleman
Published: April 24, 2007
TheTyee.ca
Staff members in the office of Premier Gordon Campbell and the B.C. Liberal Party were directly involved in paid media manipulation, the defence in the B.C. legislature raid case alleged in B.C. Supreme Court on Monday.
And a defence lawyer claimed Campbell was aware that the B.C. Liberal Party was paying government staff on the side to organize stacked phone calls to talk radio shows.
The controversial allegations came fast and furious, and seemed to be aimed at building a case that the defendants were operatives constantly carrying out orders from top politicians in the B.C. Liberal Party, and therefore unlikely to act on their own in breaking the law in government dealings.
Kevin McCullough, lawyer for Bob Virk, the former provincial ministerial aide charged with breach of trust and fraud related to the $1 billion B.C. Rail privatization, outlined a litany of activities he alleged involved top government and party officials.
Among the new allegations McCullough made:
- That Premier Gordon Campbell's Press Secretary Mike Morton was involved in directing paid phone callers to talk radio shows as far back as 2002.
- That Campbell knew of the media manipulations arrangements made with David Basi, the other provincial ministerial aide charged with breach of trust and fraud.
- That Campbell blew up at B.C. Liberal Party Executive Director Kelly Reichert because Morton had "fucked up" and sat at a fundraising dinner with officials from OmniTRAX, one of the bidders for B.C. Rail, before the contract was awarded.
- 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.
- That Basi was told to "get the posse together" to set up negative phone calls on CKNW's Bill Good show to put difficult questions to New Democratic Party Leader Carole James when she appeared on the program in November 2003.
- That Basi had organized a paid heckler to appear outside a Victoria Safeway store where an environmental group was staging a protest against farmed salmon as television cameras rolled.
- That the B.C. Liberal Party and Basi were involved in what was supposed to look like a genuine protest outside an NDP convention about logging in Youbou.
- That Basi set up an "e-mail chain" about the 2002 privatization of one-third of B.C. Hydro, presumably to support the government's controversial actions.
- That Basi and Reichert worked to "find a way to get Paul Nettleton's expenses out," to presumably embarrass the former Liberal MLA who quit the caucus over the B.C. Hydro privatization and was critical of the B.C. Rail deal.
- That Basi had left a message on the answering machine of the Victoria Solidarity Coalition, a group opposed to the government, saying he was a "mill owner" whose operations had been shut down by the NDP.
- That "there was an intention to put this investigation on the backs of Basi and Virk and take it away from elected officials. Can there be any other reason why the RCMP did not interview the premier?"
Wiretaps cited as sources
On Monday, Mike Morton declined to comment when contacted by my 24 Hours colleague Sean Holman in Victoria, while B.C. Liberal House Leader Mike de Jong refused to discuss the case, saying: "I'm not going to talk about what's going on in court today."
For his part, Premier Campbell said previously that he would not respond to what comes up in court.
But the allegations raised by McCullough were detailed and with each one he cited sources -- such as dates and times when RCMP wiretaps allegedly caught Basi and Reichert discussing dirty tricks; e-mails; RCMP "continuation reports"; and other evidence disclosed to the defence in preparation for the trial.
Ironically, this section of the court hearing in front of Justice Elizabeth Bennett is a defence disclosure application, where lawyers for Basi, Virk and former government communications aide Aneal Basi are arguing to get access to even more information they say has not been provided to them.
In addition to the allegations about the inner workings of media manipulation of talk shows and other political activities, the defence also provided many tantalizing comments that, while not spelled out, suggested interesting other angles on the whole case.
Stacking radio phone calls
Also included in McCullough's allegations Monday were statements:
- That in a Nov. 28, 2003, call intercepted by RCMP between Basi and Mike McDonald "they are looking for an e-mail regarding Ms. James's comments. Mike thinks Gary should take a crack at Carole because it was around the budget. Tom -- I believe that is Syer from the premier's office -- is going to talk to Robert," McCullough said.
- That Tom Syer was Premier Campbell's issues management director at the time.
- That in discussing stacking radio show phone calls, David Basi tells Mike McDonald that "it wasn't him making the call but confesses that it was Jag making the call -- Dave was at home. Dave says: 'Don't use Jag or Jerri on Meisner as they have distinctive voices. Sheila is a white girl who also makes fake calls."
- That although there was no discussion in court as to who these parties are, Ben Meisner was at the time a Prince George radio talk show host, while Jag Bains was a Young Liberal introduced in the legislature by Gary Collins in March 2001, along with Aneal Basi, the former government communications aide who is also now charged with breach of trust.
- That in an intercepted call on Oct. 22, 2003, Basi and Reichert first talk about Bob Virk and then Basi asks: "Is there a question about a cheque for the Camosun guys? Reichert says Dave has the first one."
- That in an intercepted call Oct. 16, 2003, Reichert told Basi that proposed Election Act amendments to allow easier registration of voters, such as aboriginal people and students, had to be stopped. "The changes in those amendments are so profound that we'd lose the next election," Reichert allegedly said.
- That in an intercepted call on Oct. 15, 2003, the RCMP heard Kelly Reichert leave a message for Dave Basi that went: "Hey Dave -- it's Kelly. I want to talk to you about CKNW and the Georgia Straight story."
That column specifically mentions, among others, David Basi, Erik Bornmann, Brian Kieran and Mark Marissen, who was then Martin's campaign director for BC and husband to then-Deputy Premier Christy Clark.
And so it went in court, allegation after allegation raised by the defence.
'Gord was yelling at Reichert'
It was at times as if the roof had been lifted off the giant ant farm that is the BC legislature, letting all in the courtroom have a sneak peak at what just might have been going on there in 2003.
But there were more details than ever before as well.
In the highly controversial allegation related to the $1 billion privatization of B.C. Rail, McCullough said B.C. Liberal Party Executive Director Kelly Reichert was taped by police in a call to Basi on Oct. 28, 2003, discussing a situation where Premier Campbell's Press Secretary Mike Morton sat with OmniTRAX, one of the companies bidding for the rail company, along with their lobbyists from Pilothouse Public Affairs, at a Liberal fundraising dinner.
"Reichert says he gave Gord a three-page memo on Saturday. Gord was yelling at Reichert because Mike Morton had fucked up. There was a dinner where Mike Morton is positioned with OmniTRAX -- he's at the Pilothouse table," McCullough said.
Of course we now know that two of Pilothouse's partners, Erik Bornmann and Brian Kieran, are key witnesses for the Crown against Basi and Virk, while the third, former Liberal Party of Canada B.C. president Jamie Elmhirst, has been subpoenaed to testify in the trial.
Talk show fakery?
Then there were the multiple allegations of manipulating talk radio shows in Vancouver, Victoria and Prince George. Last week McCullough disclosed that Basi was paid $20,000 for two separate "media monitoring" contracts that he said were ""a highly political effort to sway public opinion through the use of radio shows and other events."
On Monday, McCullough went into considerable detail, saying he was quoting from an e-mail he alleged came from Premier Campbell's press secretary Mike Morton to David Basi.
"The first of these emails is from Mike Morton in the Premier's office. It's dated March 11, 2002," McCullough said.
"'Thanks Dave -- I'll let the premier know your team is in place, whereas MM's is not. The premier will be on John McComb's show -- there will be a call-in,'" McCullough read in court.
McComb is a radio talk show host at CKNW AM 980. It is not clear if the "MM" is Mike McDonald, the former B.C. Liberal caucus communications director in Victoria, but McDonald was referred to repeatedly by McCullough.
In one somewhat humorous exchange in court, McCullough read from the transcript of a call between Basi and McDonald.
"'Dave's asking Mike if he wants to make some calls to CKNW after the MLA is on,'" McCullough alleged.
Justice Elizabeth Bennett interjected: "Is this a Liberal MLA?"
McCullough: "Yes."
Bennett responded: "I should have known that."
McCullough also quoted a Nov. 23, 2003, document alleging calls being set up to apparently ambush NDP Leader Carole James.
"It's a call in response to Carole James -- she's going to be on the Bill Good Show tomorrow -- Mike asks him to 'get the posse together,'" McCullough said.
"They're not just lobbing softball questions to the premier -- they're setting the stage for calls to the leader of the Opposition," McCullough alleged.
In another intercepted call on Oct. 16, 2003, Reichert tells Basi that: "Three MLAs got killed on the Joe Easingwood Show -- just slaughtered." Easingwood is the host of a morning talk radio show on Victoria's CFAX station.
Concern about BC Rail deal
In other intercepted calls -- and McCullough said there were 43 of them between October and December 2003 alone -- there was significant discussion of the B.C. Rail deal.
McCullough referred to a call of Oct. 20, 2003, little more than a month before the B.C. Rail sale to CN Rail was announced.
"In that call, what are Mr. Basi and Mr. Reichert discussing? B.C. Rail polls -- and they both ask each other not to talk to anyone," McCullough alleged.
Then in a Nov. 17, 2003, call, McCullough claims: "Reichert was concerned about validators on B.C. Rail." The B.C. Rail deal was announced days later.
In response to a question from Justice Bennett, McCullough explained that validators are "the government's attempt to get shippers and communities on side" of the B.C. Rail privatization deal.
'Worry about FOI?'
In yet another wiretapped call, Basi shows his contempt for freedom of information laws, according to McCullough.
"Basi: send the e-mail to my work e-mail address."
"Reichert: Can I? I don't have to worry about FOI?"
"Basi: FOI is for those puritanical [inaudible]." McCullough claimed Basi said he deleted such e-mails.
Then back to media manipulation of radio shows.
McCullough quoted Reichert on Dec. 3, 2003: "Gary Collins was live with Bill Good today. Dave said all the calls were positive and, of course, prompted."
In another alleged reference to Press Secretary Mike Morton's role in media manipulation, McCullough said an RCMP-intercepted voice mail message Dec. 4, 2003, for Basi from Reichert said: "Morty wanted me to phone just to let you know the premier is on Terry Moore next Monday." McCullough said "Morty" was believed to be Morton. Terry Moore is a CFAX Victoria radio station host.
There was also extensive discussion by McCullough about the fact that B.C. Liberal Party Executive Director Kelly Reichert is the brother-in-law of RCMP Inspector Kevin DeBruyckere, one of the lead investigators.
McCullough again alleged that DeBruyckere did not disclose that relationship until March of 2004, and that he was interested in references to Reichert caught on wiretaps.
"The defence says it's quite remarkable that Inspector DeBruyckere makes no reference to his relationship to the Liberal party through Mr. Reichert but makes inquiries to the monitoring room about Mr. Reichert," McCullough said. He said DeBruyckere mentions his relationship to Reichert in March 2004 but said there was no information about that disclosure.
By the end of the day McCullough had made clear his purpose with the massive disclosure of the inner workings of the B.C. Liberal government and party.
David Basi and Bob Virk were following government and party orders throughout this period, McCullough said, in a wide variety of highly political operations.
To argue, therefore, as the Crown is, that Basi and Virk were acting on their own in the breach of trust situation simply does not make sense, McCullough inferred.
"This government was using Mr. Basi every which way and the RCMP knew it and they undertook no investigation," McCullough argued, cleverly using the actual title the RCMP gave to their case -- Operation Everywhichway.
"There was an intention to put this investigation on the backs of Mr. Basi and Mr. Virk, and take it away from elected officials."
The case continues and so, likely, does the series of fascinating allegations.
Related Tyee stories:
Basi-Virk Defence: Bold Allegations
Will BC Rail Bomb Explode?
'Spiderman' in a Web of Intrigue
Bill Tieleman is a regular Tyee contributor who writes a column on B.C. politics every Tuesday in 24 Hours, the free weekday newspaper, also online at http://vancouver.24hrs.ca. Tieleman can be heard every Monday at 10 a.m. on the Bill Good Show on CKNW AM 980 or at http://www.cknw.com. E-mail him at weststar@telus.net or visit his blog at: http://billtieleman.blogspot.com.
Premier's staff alleged directed paid media manipulation, Basi-Virk trial hearing told
Defence takes aim at Liberals
Basi-Virk trial
By BILL TIELEMAN, 24 HOURS
April 24, 2007
The defence team in the Basi-Virk trial, left to right: Kristy Sim, Claire Hatcher, Michael Bolton Q.C., Kevin McCullough and Joe Doyle outside B.C. Supreme Court yesterday. (Rob Kruyt, 24 hours)
The case of two former provincial government aides charged with breach of trust heard defence allegations yesterday of heavy involvement in manipulating radio talk shows that originated right from the office of Premier Gordon Campbell.
And the defence alleged Campbell himself was aware that the B.C. Liberal Party was paying individuals to stack shows with positive phone calls, citing specific e-mails coming from the premier's press secretary Mike Morton that form part of the Crown evidence.
Morton declined to comment when contacted by 24 hours in Victoria, while B.C. Liberal House Leader Mike de Jong refused to discuss the case, saying: "I'm not going to talk about what's going on in court today."
Kevin McCullough, defence lawyer for former ministerial aide Bob Virk, read from what he said was a March 11, 2002 e-mail from Morton to Dave Basi, the former ministerial aide who is also charged.
"Thanks Dave - I'll let the premier know your team is in place. The premier will be on [CKNW radio host] John McComb's show - there will be a call-in," McCullough read in court.
McCullough also quoted the Nov. 23, 2003 transcript from one of many RCMP wiretapped telephone calls between Basi and then-B.C. Liberal Caucus Communications Director Mike McDonald regarding another show where paid callers were to pose hostile questions to New Democratic Party leader Carole James.
"It's a call in response to Carole James - she's going to be on the Bill Good Show tomorrow - Mike asks him to 'get the posse together'," McCullough alleged.
McCullough also alleged that key Crown witnesses Erik Bornmann and Brian Kieran, both provincial lobbyists in the $1 billion B.C. Rail privatization deal, were allowed by the RCMP and Special Prosecutor to continue their lucrative lobbying business even after they alleged disclosed bribing Basi and Virk.
Justice Elizabeth Bennett also heard allegations that Basi worked with McDonald to set up a phony paid heckler at a Safeway store in Victoria to criticize an environmental protest against government support of salmon farming in front of a television crew.
Basi-Virk trial
By BILL TIELEMAN, 24 HOURS
April 24, 2007
The defence team in the Basi-Virk trial, left to right: Kristy Sim, Claire Hatcher, Michael Bolton Q.C., Kevin McCullough and Joe Doyle outside B.C. Supreme Court yesterday. (Rob Kruyt, 24 hours)
The case of two former provincial government aides charged with breach of trust heard defence allegations yesterday of heavy involvement in manipulating radio talk shows that originated right from the office of Premier Gordon Campbell.
And the defence alleged Campbell himself was aware that the B.C. Liberal Party was paying individuals to stack shows with positive phone calls, citing specific e-mails coming from the premier's press secretary Mike Morton that form part of the Crown evidence.
Morton declined to comment when contacted by 24 hours in Victoria, while B.C. Liberal House Leader Mike de Jong refused to discuss the case, saying: "I'm not going to talk about what's going on in court today."
Kevin McCullough, defence lawyer for former ministerial aide Bob Virk, read from what he said was a March 11, 2002 e-mail from Morton to Dave Basi, the former ministerial aide who is also charged.
"Thanks Dave - I'll let the premier know your team is in place. The premier will be on [CKNW radio host] John McComb's show - there will be a call-in," McCullough read in court.
McCullough also quoted the Nov. 23, 2003 transcript from one of many RCMP wiretapped telephone calls between Basi and then-B.C. Liberal Caucus Communications Director Mike McDonald regarding another show where paid callers were to pose hostile questions to New Democratic Party leader Carole James.
"It's a call in response to Carole James - she's going to be on the Bill Good Show tomorrow - Mike asks him to 'get the posse together'," McCullough alleged.
McCullough also alleged that key Crown witnesses Erik Bornmann and Brian Kieran, both provincial lobbyists in the $1 billion B.C. Rail privatization deal, were allowed by the RCMP and Special Prosecutor to continue their lucrative lobbying business even after they alleged disclosed bribing Basi and Virk.
Justice Elizabeth Bennett also heard allegations that Basi worked with McDonald to set up a phony paid heckler at a Safeway store in Victoria to criticize an environmental protest against government support of salmon farming in front of a television crew.
Monday, April 23, 2007
Shocking allegations again in BC Supreme Court Basi-Virk case
UPDATE from BC Supreme Court - Basi-Virk Defence Disclosure Application
Monday April 23, 2007 1:30 p.m.
More shocking allegations today of heavy involvement in manipulating radio talk shows - right from the office of Premier Gordon Campbell.
Kevin McCullough, defence lawyer for former ministerial aide Bob Virk, said he was quoting from evidence disclosed by the Crown in preparation for the trial. He read from an email he alleged came from Mike Morton, who was and is Premier Campbell's press secretary.
"The first of these emails is from Mike Morton in the Premier's office. It's dated March 11, 2003," McCullough said.
" 'Thanks Dave - I'll let the Premier know your team is in place, whereas MM's is not. The Premier will be on John McComb's show - there will be a call-in,' " McCullough read in court.
In another document McCullough referred to Mike McDonald, the former BC Liberal Caucus Communications Director in Victoria.
" 'Dave's asking Mike if he want to make some calls to CKNW after the MLA is on,' " McCullough alleged.
Justice Elizabeth Bennett interjected: "Is this a Liberal MLA?"
McCullough: "Yes."
Bennett: " I should have known that."
McCullough also quoted a November 23, 2003 document alleging calls being set up to ambush NDP Leader Carole James.
"It's a call in response to Carole James - she's going to be on the Bill Good Show tomorrow - Mike asks him to 'get the posse together', " McCullough said.
"They're not just lobbing softball questions to the Premier - they're setting the stage for calls to the leader of the Opposition," McCullough alleged.
There was much, much more, including allegations that the RCMP and Special Prosecutor allowed key Crown witness Erik Bornmann to continue his lucrative lobbying business and falsely declare he had been cleared of any wrongdoing in 2004.
More on all of this in Tuesday's 24 hours newspaper and on The Tyee online publication, as well as right here.
Monday April 23, 2007 1:30 p.m.
More shocking allegations today of heavy involvement in manipulating radio talk shows - right from the office of Premier Gordon Campbell.
Kevin McCullough, defence lawyer for former ministerial aide Bob Virk, said he was quoting from evidence disclosed by the Crown in preparation for the trial. He read from an email he alleged came from Mike Morton, who was and is Premier Campbell's press secretary.
"The first of these emails is from Mike Morton in the Premier's office. It's dated March 11, 2003," McCullough said.
" 'Thanks Dave - I'll let the Premier know your team is in place, whereas MM's is not. The Premier will be on John McComb's show - there will be a call-in,' " McCullough read in court.
In another document McCullough referred to Mike McDonald, the former BC Liberal Caucus Communications Director in Victoria.
" 'Dave's asking Mike if he want to make some calls to CKNW after the MLA is on,' " McCullough alleged.
Justice Elizabeth Bennett interjected: "Is this a Liberal MLA?"
McCullough: "Yes."
Bennett: " I should have known that."
McCullough also quoted a November 23, 2003 document alleging calls being set up to ambush NDP Leader Carole James.
"It's a call in response to Carole James - she's going to be on the Bill Good Show tomorrow - Mike asks him to 'get the posse together', " McCullough said.
"They're not just lobbing softball questions to the Premier - they're setting the stage for calls to the leader of the Opposition," McCullough alleged.
There was much, much more, including allegations that the RCMP and Special Prosecutor allowed key Crown witness Erik Bornmann to continue his lucrative lobbying business and falsely declare he had been cleared of any wrongdoing in 2004.
More on all of this in Tuesday's 24 hours newspaper and on The Tyee online publication, as well as right here.
Saturday, April 21, 2007
Thank you - thank you - thank you!
My sincere and heartfelt thanks to everyone who attended Friday night's Bill's 50th Birthday Benefit party for the BC Coalition of People with Disabilities!
It was a great evening, much money was raised for the Coalition and I want to particular thank all the guest speakers for their kind and funny words about me.
More here later but thanks to Senator Larry Campbell, Canadian Labour Congress President Ken Georgetti, Coalition Executive Director Margaret Birrell, my friend Diana Matheson, my wife Shirley Ross and my daughter Erin Coward! Thanks so much too to my mom, Pat Tieleman, for attending from Nanaimo just two days after her 80th birthday!
It was a wonderful event that I'll never forget. I hope to have pictures here in the near future but thanks to everyone who attended and also those who were unable to be there but also bought tickets.
It was a great evening, much money was raised for the Coalition and I want to particular thank all the guest speakers for their kind and funny words about me.
More here later but thanks to Senator Larry Campbell, Canadian Labour Congress President Ken Georgetti, Coalition Executive Director Margaret Birrell, my friend Diana Matheson, my wife Shirley Ross and my daughter Erin Coward! Thanks so much too to my mom, Pat Tieleman, for attending from Nanaimo just two days after her 80th birthday!
It was a wonderful event that I'll never forget. I hope to have pictures here in the near future but thanks to everyone who attended and also those who were unable to be there but also bought tickets.
Thursday, April 19, 2007
Basi-Virk case - 24 hours newspaper coverage Day 1
Basi-Virk trial hears startling claims
By BILL TIELEMAN, 24 HOURS
Lawyers for former provincial government aides David Basi, Bob Virk and Aneal Basi dropped several bombshell allegations in B.C. Supreme Court yesterday, alleging a top B.C. Liberal Party staffer told Premier Gordon Campbell about an aspect of the David Basi investigation.
Virk's lawyer, Kevin McCullough, also alleged that former B.C. Finance Minister Gary Collins was under police investigation in November 2003, before the B.C. Legislature was searched by police Dec. 28 that year.
Collins immediately denied the allegation Tuesday, telling Canadian Press that police have said he was never under investigation.
McCullough claimed in his defence disclosure application that the RCMP had "acted in bad faith" by telling the media that no elected officials were under investigation when they "knew full well they were investigating Mr. Collins in November."
It should be noted that these are simply allegations and that they remain unproven in court.
The Crown has also not had an opportunity to reply.
McCullough also alleged in court that Campbell was informed by B.C. Liberal Party executive director Kelly Reichert in June 2005 that RCMP were forwarding a report to Crown counsel on
David Basi's alleged "media monitoring" contracts with the B.C. Liberal Party.
Campbell was not in the Legislature yesterday afternoon and was unavailable for comment. The B.C. Liberal Party did not return an inquiry by press time.
McCullough told B.C. Supreme Court Justice Elizabeth Bennett that the Crown counsel report came because: "One of the investigations of Mr. Basi was whether there was any wrongdoing regarding the media monitoring contracts with the Liberal Party."
McCullough called the "media monitoring" contracts "a highly political effort to sway public opinion through the use of radio shows and other events" without providing further details.
McCullough pointed out that RCMP Inspector Kevin DeBruyckere "was and still remains the brother-in-law of Kelly Reichert" although he did not, at any point, allege any impropriety on the part of either DeBruyckere or Reichert.
By BILL TIELEMAN, 24 HOURS
Lawyers for former provincial government aides David Basi, Bob Virk and Aneal Basi dropped several bombshell allegations in B.C. Supreme Court yesterday, alleging a top B.C. Liberal Party staffer told Premier Gordon Campbell about an aspect of the David Basi investigation.
Virk's lawyer, Kevin McCullough, also alleged that former B.C. Finance Minister Gary Collins was under police investigation in November 2003, before the B.C. Legislature was searched by police Dec. 28 that year.
Collins immediately denied the allegation Tuesday, telling Canadian Press that police have said he was never under investigation.
McCullough claimed in his defence disclosure application that the RCMP had "acted in bad faith" by telling the media that no elected officials were under investigation when they "knew full well they were investigating Mr. Collins in November."
It should be noted that these are simply allegations and that they remain unproven in court.
The Crown has also not had an opportunity to reply.
McCullough also alleged in court that Campbell was informed by B.C. Liberal Party executive director Kelly Reichert in June 2005 that RCMP were forwarding a report to Crown counsel on
David Basi's alleged "media monitoring" contracts with the B.C. Liberal Party.
Campbell was not in the Legislature yesterday afternoon and was unavailable for comment. The B.C. Liberal Party did not return an inquiry by press time.
McCullough told B.C. Supreme Court Justice Elizabeth Bennett that the Crown counsel report came because: "One of the investigations of Mr. Basi was whether there was any wrongdoing regarding the media monitoring contracts with the Liberal Party."
McCullough called the "media monitoring" contracts "a highly political effort to sway public opinion through the use of radio shows and other events" without providing further details.
McCullough pointed out that RCMP Inspector Kevin DeBruyckere "was and still remains the brother-in-law of Kelly Reichert" although he did not, at any point, allege any impropriety on the part of either DeBruyckere or Reichert.
24 hours didn't publish obtained e-mail from lobbyist Brian Kieran regarding ex-finance deputy minister Paul Taylor
Why 24 hours didn't publish e-mail evidence
By BILL TIELEMAN, 24 HOURS POLITICAL COLUMNIST
In March, I obtained a controversial e-mail between some of the key Crown witnesses in the trial of former provincial government aides David Basi, Bob Virk and Aneal Basi.
The August 2003 e-mail was a discussion between Pilothouse Public Affairs lobby firm partners Brian Kieran, Erik Bornmann and Jamie Elmhirst about Paul Taylor, then-deputy minister of finance to then-Finance Minister Gary Collins.
After interviewing Kieran and Taylor to determine the authenticity of the e-mail, 24 hours and its legal counsel decided not to publish a story detailing the contents of the e-mail.
24 hours' concern was that the e-mail could be evidence in the Basi-Virk trial that began yesterday.
Subsequently the Globe and Mail newspaper obtained the e-mail and ran a story on it March 30.
Consulting firm KPMG has been hired to conduct an independent review regarding the e-mail's content.
24 hours was recently contacted by the RCMP and informed of an investigation based on a complaint received.
24 hours has declined to reveal the origin of the e-mail, citing journalistic principles of confidentiality and protecting our sources.
By BILL TIELEMAN, 24 HOURS POLITICAL COLUMNIST
In March, I obtained a controversial e-mail between some of the key Crown witnesses in the trial of former provincial government aides David Basi, Bob Virk and Aneal Basi.
The August 2003 e-mail was a discussion between Pilothouse Public Affairs lobby firm partners Brian Kieran, Erik Bornmann and Jamie Elmhirst about Paul Taylor, then-deputy minister of finance to then-Finance Minister Gary Collins.
After interviewing Kieran and Taylor to determine the authenticity of the e-mail, 24 hours and its legal counsel decided not to publish a story detailing the contents of the e-mail.
24 hours' concern was that the e-mail could be evidence in the Basi-Virk trial that began yesterday.
Subsequently the Globe and Mail newspaper obtained the e-mail and ran a story on it March 30.
Consulting firm KPMG has been hired to conduct an independent review regarding the e-mail's content.
24 hours was recently contacted by the RCMP and informed of an investigation based on a complaint received.
24 hours has declined to reveal the origin of the e-mail, citing journalistic principles of confidentiality and protecting our sources.
Basi-Virk Trial Day One - Defence Fires Both Barrels
Premier tipped off? Collins investigated pre-raid? RCMP 'bad faith'?
View full article and comments here: http://thetyee.ca/News/2007/04/19/BoldAllegations/
By Bill Tieleman
Published: April 19, 2007
TheTyee.ca
After waiting over three years, the defence opened its case in the B.C. legislature raid trial firing both barrels at the B.C. Liberal government and the RCMP.
The Crown alleges that government ministerial aides David Basi and Bob Virk received benefits from lobbyists in exchange for confidential information about the $1 billion privatization of B.C. Rail and that government communications aide Aneal Basi helped out.
Among the serious charges levelled Wednesday by Kevin McCullough, defence lawyer for Bob Virk, in B.C. Supreme Court:
That B.C. Premier Gordon Campbell was allegedly tipped off about part of the police investigation into David Basi by B.C. Liberal party executive director Kelly Reichert in June 2005
That the investigation Campbell allegedly heard about was a Crown counsel report into "media monitoring" contracts the BC Liberals had with Basi and whether there was any wrongdoing
That Basi's "media monitoring" contracts allegedly were "a highly political effort to sway public opinion through the use of radio shows and other events"
That RCMP Inspector Kevin DeBruyckere, a key Basi investigator, "was and still remains the brother-in-law of Kelly Reichert"
That former finance minister Gary Collins was allegedly under investigation by the RCMP in November 2003, prior to the legislature raid on Dec. 28, 2003
Allegations that the RCMP had "acted in bad faith" by telling the media that no elected officials were under investigation when they "knew full well they were investigating Mr. Collins in November"
That the RCMP allegedly misled the public by denying any politicians were being investigated, including through police news releases
That the RCMP were allegedly "clearly duplicitous" in obtaining wiretap authorizations by failing to disclose to another judge the concerns of the original Supreme Court justice who turned down wiretaps application because of concerns about parliamentary privilege being infringed with a wiretap on a government-registered cell phone used by Basi
Just allegations
The operative word, as you will have noticed, is "alleged" because, while these are serious allegations, it must be noted that they are just that -- allegations unproven in court.
It should also be remembered that the Crown has not yet had a chance to respond to the defence allegations and make its case that the defence is incorrect to Justice Elizabeth Bennett, hearing the case without a jury.
Former finance minister Gary Collins immediately denied defence allegations Tuesday, telling Canadian Press that police have said he was never under investigation.
It is also important to state that McCullough did not at any point in his arguments allege any impropriety on the part of either DeBruyckere or Reichert.
The BC Liberals' Reichert did not respond to e-mail and telephone inquires by deadline.
Premier Campbell was not in the legislature for question period or at the B.C. Liberal caucus meeting, and therefore not available to media for questions about the day's allegations.
And what allegations they were. McCullough, speaking on behalf of David Basi's lawyer, Michael Bolton, and Aneal Basi's lawyer, Joe Doyle, brought out the heavy lumber as he outlined the case that will be developed over the next three weeks of the disclosure application.
McCullough on BC Liberal Party Executive Director Kelly Reichert:
"It is trite to say he worked closely with Premier Campbell and Mr. Collins on their political machine."
"It became clear that Mr. Basi, while a ministerial assistant, was hired by the Liberal party on media monitoring contracts."
"That is a highly political effort to sway public opinion through the use of radio shows and other events."
"One of their [the RCMP's] investigations of Mr. Basi was whether there was any wrongdoing regarding the media monitoring contract with the Liberal party."
"Kelly Reichert was telling the premier in June 2005, one and a half months after the [provincial] election, that the RCMP was forwarding a report to Crown counsel on that matter."
McCullough on the RCMP:
"You have to consider whether the RCMP acted in bad faith in order to search the legislature," McCullough began, arguing that the police were aware from June 3, 2003 on that David Basi was a ministerial assistant to Finance Minister Gary Collins but obtained the wiretap authorizations under a drug investigation in which Basi had come to the RCMP's attention.
The RCMP, McCullough said, had proceeded, using the drug investigation as the reason for wiretaps because they were concerned about being denied an authorization because of parliamentary privilege concerns.
A B.C. Supreme Court judge had turned down earlier applications for a wiretap on David Basi's phone for exactly that reason, and ultimately the RCMP went to Associate Chief Justice Patrick Dohm with a third application and did not inform Dohm of the location of the wiretap -- which of course was the B.C. legislature.
McCullough ripped into the RCMP, saying the force also deliberately did not tell Justice Dohm of the prior wiretap applications being turned down for that reason.
"The RCMP know that the business line that they sought a wiretap for was the office line of the finance minister, Gary Collins. Yet there's no reference to the parliament buildings, no reference to Gary Collins."
"My question is whether the Crown is defending these wiretaps on the basis of good faith, and the answer is yes," he said. "They [the Crown] are arguing good faith and we're arguing bad faith."
Ironically, the wiretap on the finance minister's landline ultimately failed to work due to "technical difficulties," McCullough disclosed. "The legislature phone system is archaic."
Guess who's in court?
In another interesting development, lawyer Clark Roberts, a former B.C. Liberal party staffer and former federal Liberal Party of Canada candidate in Saanich-Gulf Islands in 1997 who holds close personal ties to Gary Collins was present in the courtroom.
Mr. Roberts told me that he was in the courtroom on behalf of a client whom he could not disclose and that he was "here on a watching brief" for that client.
And the court heard lengthy argument from McCullough about the role of another former federal Liberal candidate, Victoria lawyer David Mulroney, in the investigation in 2003.
Mulroney, he said, was advising the RCMP on how to get wiretaps on David Basi's cell phone authorized by a Supreme Court justice.
But there was no discussion in court about Mulroney's candidacy for the federal Liberal party in the riding of Saanich-Gulf Islands in 2004 and again in Victoria in the 2006 election. Mulroney lost both bids for political office.
Sean Holman of Public Eye Online and 24 Hours reported in May 2004 that Mulroney had donated $3,993.02 to the federal Liberal party in 2002, and had billed the federal government $956,872 in fiscal 2003/04 for his firm's legal services. Mulroney was a major donor to the Liberals and his firm received major work from the federal government from 1995 through 2002.
Also in the courtroom Wednesday afternoon: Attorney General Wally Oppal's public affairs officer, Seumas Gordon, from the Public Affairs Bureau. I was unable to ask Gordon why he was there.
Road ahead
As the defence disclosure application proceeds over the next three weeks expect lots more fireworks and lots of strong denials of defence claims by the Crown.
After that, a defence Charter of Rights application that could potentially throw the whole case out of court over allegations about RCMP behaviour.
If the case proceeds, it will then get on to the main event, a full trial with a full cast of political witnesses, cross-examination on the stand and more information about the conduct of B.C. politics than you can even imagine.
Related Tyee stories:
Basi-Virk Case Tests Citizens' PatienceFrustrates even trial judge with its delays, disclosure issues.
Will BC Rail Bomb Explode?
Leg Raid Hearing Intrigue
'Spiderman' in a Web of Intrigue
Bill Tieleman is a regular Tyee contributor who writes a column on B.C. politics every Tuesday in 24 Hours, the free weekday newspaper, also online at http://vancouver.24hrs.ca. Tieleman can be heard every Monday at 10 a.m. on the Bill Good Show on CKNW AM 980 or at http://www.cknw.com. E-mail him at weststar@telus.net or visit his blog at: http://billtieleman.blogspot.com.
View full article and comments here: http://thetyee.ca/News/2007/04/19/BoldAllegations/
By Bill Tieleman
Published: April 19, 2007
TheTyee.ca
After waiting over three years, the defence opened its case in the B.C. legislature raid trial firing both barrels at the B.C. Liberal government and the RCMP.
The Crown alleges that government ministerial aides David Basi and Bob Virk received benefits from lobbyists in exchange for confidential information about the $1 billion privatization of B.C. Rail and that government communications aide Aneal Basi helped out.
Among the serious charges levelled Wednesday by Kevin McCullough, defence lawyer for Bob Virk, in B.C. Supreme Court:
That B.C. Premier Gordon Campbell was allegedly tipped off about part of the police investigation into David Basi by B.C. Liberal party executive director Kelly Reichert in June 2005
That the investigation Campbell allegedly heard about was a Crown counsel report into "media monitoring" contracts the BC Liberals had with Basi and whether there was any wrongdoing
That Basi's "media monitoring" contracts allegedly were "a highly political effort to sway public opinion through the use of radio shows and other events"
That RCMP Inspector Kevin DeBruyckere, a key Basi investigator, "was and still remains the brother-in-law of Kelly Reichert"
That former finance minister Gary Collins was allegedly under investigation by the RCMP in November 2003, prior to the legislature raid on Dec. 28, 2003
Allegations that the RCMP had "acted in bad faith" by telling the media that no elected officials were under investigation when they "knew full well they were investigating Mr. Collins in November"
That the RCMP allegedly misled the public by denying any politicians were being investigated, including through police news releases
That the RCMP were allegedly "clearly duplicitous" in obtaining wiretap authorizations by failing to disclose to another judge the concerns of the original Supreme Court justice who turned down wiretaps application because of concerns about parliamentary privilege being infringed with a wiretap on a government-registered cell phone used by Basi
Just allegations
The operative word, as you will have noticed, is "alleged" because, while these are serious allegations, it must be noted that they are just that -- allegations unproven in court.
It should also be remembered that the Crown has not yet had a chance to respond to the defence allegations and make its case that the defence is incorrect to Justice Elizabeth Bennett, hearing the case without a jury.
Former finance minister Gary Collins immediately denied defence allegations Tuesday, telling Canadian Press that police have said he was never under investigation.
It is also important to state that McCullough did not at any point in his arguments allege any impropriety on the part of either DeBruyckere or Reichert.
The BC Liberals' Reichert did not respond to e-mail and telephone inquires by deadline.
Premier Campbell was not in the legislature for question period or at the B.C. Liberal caucus meeting, and therefore not available to media for questions about the day's allegations.
And what allegations they were. McCullough, speaking on behalf of David Basi's lawyer, Michael Bolton, and Aneal Basi's lawyer, Joe Doyle, brought out the heavy lumber as he outlined the case that will be developed over the next three weeks of the disclosure application.
McCullough on BC Liberal Party Executive Director Kelly Reichert:
"It is trite to say he worked closely with Premier Campbell and Mr. Collins on their political machine."
"It became clear that Mr. Basi, while a ministerial assistant, was hired by the Liberal party on media monitoring contracts."
"That is a highly political effort to sway public opinion through the use of radio shows and other events."
"One of their [the RCMP's] investigations of Mr. Basi was whether there was any wrongdoing regarding the media monitoring contract with the Liberal party."
"Kelly Reichert was telling the premier in June 2005, one and a half months after the [provincial] election, that the RCMP was forwarding a report to Crown counsel on that matter."
McCullough on the RCMP:
"You have to consider whether the RCMP acted in bad faith in order to search the legislature," McCullough began, arguing that the police were aware from June 3, 2003 on that David Basi was a ministerial assistant to Finance Minister Gary Collins but obtained the wiretap authorizations under a drug investigation in which Basi had come to the RCMP's attention.
The RCMP, McCullough said, had proceeded, using the drug investigation as the reason for wiretaps because they were concerned about being denied an authorization because of parliamentary privilege concerns.
A B.C. Supreme Court judge had turned down earlier applications for a wiretap on David Basi's phone for exactly that reason, and ultimately the RCMP went to Associate Chief Justice Patrick Dohm with a third application and did not inform Dohm of the location of the wiretap -- which of course was the B.C. legislature.
McCullough ripped into the RCMP, saying the force also deliberately did not tell Justice Dohm of the prior wiretap applications being turned down for that reason.
"The RCMP know that the business line that they sought a wiretap for was the office line of the finance minister, Gary Collins. Yet there's no reference to the parliament buildings, no reference to Gary Collins."
"My question is whether the Crown is defending these wiretaps on the basis of good faith, and the answer is yes," he said. "They [the Crown] are arguing good faith and we're arguing bad faith."
Ironically, the wiretap on the finance minister's landline ultimately failed to work due to "technical difficulties," McCullough disclosed. "The legislature phone system is archaic."
Guess who's in court?
In another interesting development, lawyer Clark Roberts, a former B.C. Liberal party staffer and former federal Liberal Party of Canada candidate in Saanich-Gulf Islands in 1997 who holds close personal ties to Gary Collins was present in the courtroom.
Mr. Roberts told me that he was in the courtroom on behalf of a client whom he could not disclose and that he was "here on a watching brief" for that client.
And the court heard lengthy argument from McCullough about the role of another former federal Liberal candidate, Victoria lawyer David Mulroney, in the investigation in 2003.
Mulroney, he said, was advising the RCMP on how to get wiretaps on David Basi's cell phone authorized by a Supreme Court justice.
But there was no discussion in court about Mulroney's candidacy for the federal Liberal party in the riding of Saanich-Gulf Islands in 2004 and again in Victoria in the 2006 election. Mulroney lost both bids for political office.
Sean Holman of Public Eye Online and 24 Hours reported in May 2004 that Mulroney had donated $3,993.02 to the federal Liberal party in 2002, and had billed the federal government $956,872 in fiscal 2003/04 for his firm's legal services. Mulroney was a major donor to the Liberals and his firm received major work from the federal government from 1995 through 2002.
Also in the courtroom Wednesday afternoon: Attorney General Wally Oppal's public affairs officer, Seumas Gordon, from the Public Affairs Bureau. I was unable to ask Gordon why he was there.
Road ahead
As the defence disclosure application proceeds over the next three weeks expect lots more fireworks and lots of strong denials of defence claims by the Crown.
After that, a defence Charter of Rights application that could potentially throw the whole case out of court over allegations about RCMP behaviour.
If the case proceeds, it will then get on to the main event, a full trial with a full cast of political witnesses, cross-examination on the stand and more information about the conduct of B.C. politics than you can even imagine.
Related Tyee stories:
Basi-Virk Case Tests Citizens' PatienceFrustrates even trial judge with its delays, disclosure issues.
Will BC Rail Bomb Explode?
Leg Raid Hearing Intrigue
'Spiderman' in a Web of Intrigue
Bill Tieleman is a regular Tyee contributor who writes a column on B.C. politics every Tuesday in 24 Hours, the free weekday newspaper, also online at http://vancouver.24hrs.ca. Tieleman can be heard every Monday at 10 a.m. on the Bill Good Show on CKNW AM 980 or at http://www.cknw.com. E-mail him at weststar@telus.net or visit his blog at: http://billtieleman.blogspot.com.
Wednesday, April 18, 2007
Basi-Virk defence allegation bombshells dropped - was Premier Campbell informed of Basi investigation through BC Liberal Party?
UPDATED 5 p.m.
Lawyers for defendants David Basi, Bob Virk and Aneal Basi dropped several bombshell allegations in BC Supreme Court this morning.
Virk's lawyer Kevin McCullough alleged in court that Premier Gordon Campbell was informed by BC Liberal Party Executive Director Kelly Reichert in June of 2005 that RCMP were forwarding a report to Crown counsel on David Basi's alleged "media monitoring" contracts with the BC Liberal Party.
McCullough alleged that the report came because: "One of the investigations of Mr. Basi was whether there was any wrongdoing regarding the media monitoring contracts with the Liberal Party."
McCullough pointed out that RCMP Inspector Kevin DeBruyckere "was and still remains the brother-in-law of Kelly Reichert" although he did not at any point allege any impropriety on the part of either DeBruyckere or Reichert.
Lawyers for defendants David Basi, Bob Virk and Aneal Basi dropped several bombshell allegations in BC Supreme Court this morning.
Virk's lawyer Kevin McCullough alleged in court that Premier Gordon Campbell was informed by BC Liberal Party Executive Director Kelly Reichert in June of 2005 that RCMP were forwarding a report to Crown counsel on David Basi's alleged "media monitoring" contracts with the BC Liberal Party.
McCullough alleged that the report came because: "One of the investigations of Mr. Basi was whether there was any wrongdoing regarding the media monitoring contracts with the Liberal Party."
McCullough pointed out that RCMP Inspector Kevin DeBruyckere "was and still remains the brother-in-law of Kelly Reichert" although he did not at any point allege any impropriety on the part of either DeBruyckere or Reichert.
Reichert has not responded to my inquiries at this time.
The "media monitoring" contracts, McCullough said, were given to Basi at the same time he was ministerial assistant to then-Finance Minister Gary Collins.
McCullough called the "media monitoring" contracts "a highly political effort to sway public opinion through the use of radio shows and other events." McCullough did not further explain exactly what the contracts allegedly involved.
Premier Gordon Campbell was not in the Legislature for question period today nor did he attend a BC Liberal Party caucus meeting, according to my colleague Sean Holman of 24 hours and Public Eye Online, so was not available to reporters to comment. Campbell was at a cabinet meeting this morning.
McCullough said DeBruyckere disclosed his relationship with Reichert to his superiors in March 2004.
It should be noted that these are simply allegations and that they remain unproven in court.
In another major allegation, McCullough claimed that the RCMP had "acted in bad faith" by telling the media that no elected officials were under investigation when they "knew full well they were investigating Mr. Collins in November."
McCullough alleged that the RCMP misled the public by denying any politicians were being investigated, including through poice news releases.
It was also alleged by the defence that the RCMP were "clearly duplicitous" in obtaining wiretap authorizations by failing to disclose the concerns of a Supreme Court justice about Parliamentary privilege being infringed with wiretaps.
And McCullough said that the RCMP obtained a wiretap on "the Finance Minister's phone" in the Legislature in October 2003.
In an interesting development, lawyer Clark Roberts, a former BC Liberal Party staffer and former federal Liberal Party candidate with close personal ties to Gary Collins was present in the courtroom.
Mr. Roberts told me that he was in the courtroom on behalf of a client whom he could not disclose and that he was "here on a watching brief" for that client.
Also in the courtroom in the afternoon - Attorney General Wally Oppal's Public Affairs Officer Seumus Gordon from the Public Affairs Bureau. I was unable to ask Gordon why he was there.
Basi-Virk trial opening today - a quick guide
Below is my 24 hours story previewing the BC Supreme Court trial of David Basi, Bob Virk and Aneal Basi in the BC Legislature raid case.
I will be in court throughout the day covering the opening day of the defence disclosure application by lawyers for the defence.
I will be appearing on CKNW AM 980's Nightline BC tonight from 8 to 9 p.m. with host Michael Smyth to talk about the day's developments - also broadcast on the Corus Radio Network - tune in if you can.
And I am filing stories for both 24 hours and The Tyee for Thursday, and those stories will also be posted on this blog.
A NOTE: Some media, including 24 hours, are calling today's application the beginning of the trial while other are calling it a "court proceeding". There is some debate as to when exactly a trial begins and so far I've found no definitive answer.
Following the defence disclosure application there will be a Charter of Rights application by the defence, contesting evidence gathering and police conduct appartently.
Then the more recognized section of the trial will begin, with evidence presented, witnesses testifying and being cross examined. The whole process is expected to take six months - possible longer.
Lastly - if you pick up a copy of 24 hours or see it online today you will see pictures of most of the key players.
Quick guide to the Basi-Virk trial
By BILL TIELEMAN, 24 HOURS
Take a volatile mix of allegations about a controversial billion-dollar privatization, politicians, drug dealing, organized crime, influence-peddling aides and backroom boys with ties to then-Prime Minister Paul Martin's leadership campaign.
Then ignite them all with a police raid on the British Columbia Legislature captured on film.
The sensational claims in what's known as "Basi-Virk" - none of which have been proven - are almost as good as it gets in a political scandal story.
But over three years later the trial is just starting today in what first seemed a case that could topple a government or two.
And perhaps it still could. Early RCMP allegations of links to drug dealing and organized crime were dismissed, however the billion-dollar privatization of B.C. Rail and claims top government officials were bribed by corporate lobbyists will take centre stage.
The case against government aides David Basi, his brother-in-law Bob Virk and his cousin Aneal Basi in front of Justice Elizabeth Bennett unfolds in B.C. Supreme Court beginning with a defence disclosure application expected to produce even more controversial allegations.
The provincial government maintains no decisions were compromised in any way by actions of Basi or Virk. No elected officials have been implicated in the scandal.
While Bennett set aside an estimated six months to complete the case, some think it could go much longer. The evidence is expected to include wiretaps, testimony from federal and provincial political figures and defence allegations of RCMP wrongdoing.
Key Players
David Basi - On trial
Ministerial aide to then-Finance Minister Gary Collins, Basi was a powerful provincial government staffer who also worked as a federal Liberal Party organizer for Paul Martin's leadership campaign.
Bobby Virk - On trial
Bob Virk - ministerial aide to then-Transportation Minister Judith Reid and was another Martin activist.
Aneal Basi
On Trial
Government communications aide
Erik Bornmann
Crown Witness
Provincial corporate lobbyist and former fed-Liberal aide.
Jamie Elmhirst
Subpoenaed
Partner of Bornmann and Kieran, Ex-pres. of fed.-Liberal Party in B.C. Subpoenaed.
Mark Marissen
Possible Witness
Paul Martin's chief federal Liberal Party lieutenant in B.C., married to Christy Clark.
Gary Collins
Possible Witness
Minister of Finance from 2001 to 2004, hired David Basi, oversaw B.C. Rail privatization.
Bruce Clark
Possible Witness
Brother of ex-B.C. Deputy Premier Christy Clark, federal Liberal Party executive.
Brian Kieran
Crown Witness
Ex-Province columnist-turned-lobbyist and Bornmann partner.
I will be in court throughout the day covering the opening day of the defence disclosure application by lawyers for the defence.
I will be appearing on CKNW AM 980's Nightline BC tonight from 8 to 9 p.m. with host Michael Smyth to talk about the day's developments - also broadcast on the Corus Radio Network - tune in if you can.
And I am filing stories for both 24 hours and The Tyee for Thursday, and those stories will also be posted on this blog.
A NOTE: Some media, including 24 hours, are calling today's application the beginning of the trial while other are calling it a "court proceeding". There is some debate as to when exactly a trial begins and so far I've found no definitive answer.
Following the defence disclosure application there will be a Charter of Rights application by the defence, contesting evidence gathering and police conduct appartently.
Then the more recognized section of the trial will begin, with evidence presented, witnesses testifying and being cross examined. The whole process is expected to take six months - possible longer.
Lastly - if you pick up a copy of 24 hours or see it online today you will see pictures of most of the key players.
Quick guide to the Basi-Virk trial
By BILL TIELEMAN, 24 HOURS
Take a volatile mix of allegations about a controversial billion-dollar privatization, politicians, drug dealing, organized crime, influence-peddling aides and backroom boys with ties to then-Prime Minister Paul Martin's leadership campaign.
Then ignite them all with a police raid on the British Columbia Legislature captured on film.
The sensational claims in what's known as "Basi-Virk" - none of which have been proven - are almost as good as it gets in a political scandal story.
But over three years later the trial is just starting today in what first seemed a case that could topple a government or two.
And perhaps it still could. Early RCMP allegations of links to drug dealing and organized crime were dismissed, however the billion-dollar privatization of B.C. Rail and claims top government officials were bribed by corporate lobbyists will take centre stage.
The case against government aides David Basi, his brother-in-law Bob Virk and his cousin Aneal Basi in front of Justice Elizabeth Bennett unfolds in B.C. Supreme Court beginning with a defence disclosure application expected to produce even more controversial allegations.
The provincial government maintains no decisions were compromised in any way by actions of Basi or Virk. No elected officials have been implicated in the scandal.
While Bennett set aside an estimated six months to complete the case, some think it could go much longer. The evidence is expected to include wiretaps, testimony from federal and provincial political figures and defence allegations of RCMP wrongdoing.
Key Players
David Basi - On trial
Ministerial aide to then-Finance Minister Gary Collins, Basi was a powerful provincial government staffer who also worked as a federal Liberal Party organizer for Paul Martin's leadership campaign.
Bobby Virk - On trial
Bob Virk - ministerial aide to then-Transportation Minister Judith Reid and was another Martin activist.
Aneal Basi
On Trial
Government communications aide
Erik Bornmann
Crown Witness
Provincial corporate lobbyist and former fed-Liberal aide.
Jamie Elmhirst
Subpoenaed
Partner of Bornmann and Kieran, Ex-pres. of fed.-Liberal Party in B.C. Subpoenaed.
Mark Marissen
Possible Witness
Paul Martin's chief federal Liberal Party lieutenant in B.C., married to Christy Clark.
Gary Collins
Possible Witness
Minister of Finance from 2001 to 2004, hired David Basi, oversaw B.C. Rail privatization.
Bruce Clark
Possible Witness
Brother of ex-B.C. Deputy Premier Christy Clark, federal Liberal Party executive.
Brian Kieran
Crown Witness
Ex-Province columnist-turned-lobbyist and Bornmann partner.
Tuesday, April 17, 2007
Kevin Potvin Takes Potshots at Vancouver Sun, Province, CKNW as his 15 minutes end
The Green Party's now ex-candidate for Vancouver-Kingsway is not going gently into that good post-electoral night.
Kevin Potvin sewered his candidacy when a bizarre column he wrote following the 9-11 terrorist attacks on the World Trade Centre and Pentagon was unearthed by my 24 hours/Public Eye Online colleague Sean Holman. Potvin also espoused his view that the "official conspiracy" version of the Al-Qaeda attacks was not believable.
Green Party leader Elizabeth May eventually vetoed Potvin's candidacy - leading the publisher of the Republic of East Vancouver to attack his former leader. In a somewhat milder version of "You can't handle the truth" a la Jack Nicholson in A Few Good Men, Potvin said the Greens were not ready to challenge conventional authority, etc.
Now Potvin is taking potshots at his many media critics, in particular the Vancouver Sun, The Province, the National Post and CKNW radio.
In a diatribe posted on the Republic website, Potvin breaks reporters' confidences in a rather sad effort to seek revenge.
The crusading Potvin brutally outs one reporter who told him - off the record - that an editor had made an error resulting in a quote being wrongly attributed to Potvin. Potvin, rather than appreciating that reporter's candour, instead decides to expose him - for being honest with Potvin.
"Oops, was that unprofessional of me?" Potvin states next.
Yes, actually Kevin, it was, not to mention twisted.
Potvin continues to right his wrongs by attacking others for setting him up for the fall, never once discussing whether maybe, just maybe, he might be the author of his own misfortune.
But here's what Potvin said in his own words on his website about his "Revolting Confession" article:
My essay revealed that inside me was a voice that said "Yeah!" when I saw the tower hit, and "beautiful!" when I saw it fall to the ground. In the context of the essay, the definition of "beauty" was that the attack had been a perfect example of a symbolic spectacle. More than half the essay was devoted to the awful deaths of that day and in other massive tragedies, and re-reading it then, I could well recall the anguish I felt at writing what I had.
Sorry Kevin, but you invited a lot of media scrutiny when you asked voters to elect you to the House of Commons. And the Green Party asked for trouble when they didn't bother to screen your candidacy properly before acclaiming you as the candidate.
I honestly do not wish you ill, nor do I imagine that being the instant epicentre for a media frenzy is a good place to be.
But taking ill-considered shots at all involved won't make it feel better.
Kevin Potvin sewered his candidacy when a bizarre column he wrote following the 9-11 terrorist attacks on the World Trade Centre and Pentagon was unearthed by my 24 hours/Public Eye Online colleague Sean Holman. Potvin also espoused his view that the "official conspiracy" version of the Al-Qaeda attacks was not believable.
Green Party leader Elizabeth May eventually vetoed Potvin's candidacy - leading the publisher of the Republic of East Vancouver to attack his former leader. In a somewhat milder version of "You can't handle the truth" a la Jack Nicholson in A Few Good Men, Potvin said the Greens were not ready to challenge conventional authority, etc.
Now Potvin is taking potshots at his many media critics, in particular the Vancouver Sun, The Province, the National Post and CKNW radio.
In a diatribe posted on the Republic website, Potvin breaks reporters' confidences in a rather sad effort to seek revenge.
The crusading Potvin brutally outs one reporter who told him - off the record - that an editor had made an error resulting in a quote being wrongly attributed to Potvin. Potvin, rather than appreciating that reporter's candour, instead decides to expose him - for being honest with Potvin.
"Oops, was that unprofessional of me?" Potvin states next.
Yes, actually Kevin, it was, not to mention twisted.
Potvin continues to right his wrongs by attacking others for setting him up for the fall, never once discussing whether maybe, just maybe, he might be the author of his own misfortune.
But here's what Potvin said in his own words on his website about his "Revolting Confession" article:
My essay revealed that inside me was a voice that said "Yeah!" when I saw the tower hit, and "beautiful!" when I saw it fall to the ground. In the context of the essay, the definition of "beauty" was that the attack had been a perfect example of a symbolic spectacle. More than half the essay was devoted to the awful deaths of that day and in other massive tragedies, and re-reading it then, I could well recall the anguish I felt at writing what I had.
Sorry Kevin, but you invited a lot of media scrutiny when you asked voters to elect you to the House of Commons. And the Green Party asked for trouble when they didn't bother to screen your candidacy properly before acclaiming you as the candidate.
I honestly do not wish you ill, nor do I imagine that being the instant epicentre for a media frenzy is a good place to be.
But taking ill-considered shots at all involved won't make it feel better.
Saturday, April 14, 2007
Bill Tieleman guest hosts The Sean Leslie Show today - Saturday - 3 to 5 p.m. on CKNW AM 980
I am pleased to be filling in once again this week for my friend Sean Leslie on CKNW AM 980
Hope you can tune in, listen up and call in.
Here’s the lineup for today’s show, produced by the excellent Craig Sorochan, with technical wizardry from the amazing Gord Leung:
3 P.M.: DANIEL WOOD, AUTHOR AND WRITER FOR THE TYEE.CA – TALKS ABOUT HIS ARTICLE THIS WEEK ON WHETERE THERE WILL BE A NORTHERN CLIMATE APOCALYPSE
3:30 P.M.: LIONEL BEEHNER, STAFF WRITER FOR THE COUNCIL ON FOREIGN RELATIONS, WASHINGTON D.C. – ON THE WORSENING SITUATION IN IRAQ – THIS WEEK A SUICIDE BOMBER PENETRATED THE GREEN ZONE AND IGNITED A BOMB INSIDE THE IRAQI PARLIAMENT
4 P.M.: JULIAN BENEDICT, SPOKESPERSON FOR THE COALITION FOR STUDENT LOAN FAIRNESS – TALKS ABOUT STUDENTS FACED WITH CRIPPLING DEBT LOADS ONCE THEY FINISH SCHOOL
4:30 P.M.: GUY GENTER, NDP MLA, DELTA NORTH – GUY UNCOVERED SOME AMAZING AND AMUSING GOVERNMENT EXPENSES – S HOULD THE TAXPAYER BE FOOTING THE BILL FOR MANICURES, PERMS AND PIZZA?
Hope you can tune in, listen up and call in.
Here’s the lineup for today’s show, produced by the excellent Craig Sorochan, with technical wizardry from the amazing Gord Leung:
3 P.M.: DANIEL WOOD, AUTHOR AND WRITER FOR THE TYEE.CA – TALKS ABOUT HIS ARTICLE THIS WEEK ON WHETERE THERE WILL BE A NORTHERN CLIMATE APOCALYPSE
3:30 P.M.: LIONEL BEEHNER, STAFF WRITER FOR THE COUNCIL ON FOREIGN RELATIONS, WASHINGTON D.C. – ON THE WORSENING SITUATION IN IRAQ – THIS WEEK A SUICIDE BOMBER PENETRATED THE GREEN ZONE AND IGNITED A BOMB INSIDE THE IRAQI PARLIAMENT
4 P.M.: JULIAN BENEDICT, SPOKESPERSON FOR THE COALITION FOR STUDENT LOAN FAIRNESS – TALKS ABOUT STUDENTS FACED WITH CRIPPLING DEBT LOADS ONCE THEY FINISH SCHOOL
4:30 P.M.: GUY GENTER, NDP MLA, DELTA NORTH – GUY UNCOVERED SOME AMAZING AND AMUSING GOVERNMENT EXPENSES – S HOULD THE TAXPAYER BE FOOTING THE BILL FOR MANICURES, PERMS AND PIZZA?
Tuesday, April 10, 2007
Basi-Virk trial will run for 6 months judge estimates in BC Supreme Court Tuesday
Basi-Virk trial slated for six months
By BILL TIELEMAN
24 HOURS
The breach of trust charges against former provincial government aides David Basi and Bob Virk will take as much as six months of court time, B.C. Supreme Court Justice Elizabeth Bennett said Tuesday.
"I have arbitrarily set 120 days for this trial. I've seen the witness list," Bennett said.
Bennett also agreed to a defence request to delay the start of a defence disclosure application that begins the case by two days, from April 16 to 18.
Bennett will hear the trial that arises from the police raid on the B.C. Legislature Dec. 28, 2003 and subsequent allegations that Basi and Virk provided confidential government information about the $1 billion privatization of B.C. Rail to lobbyists representing one of the bidders.
Outside the courtroom Basi's lawyer, Michael Bolton, said Bennett was using "an abundance of caution" in scheduling 120 court days, which means about six calendar months for the trial.
But Bolton also said it was possible the trial could conclude in October.
Bennett also asked defence lawyers if they objected to her continuing as trial judge after noting that she had taught a legal advocacy course at the University of B.C.
Defence has raised an issue over special prosecutor Bill Berardino's role in teaching the same course because key Crown witness Erik Bornmann was in the classroom as a law student after Basi and Virk were charged.
Bolton quickly told Bennett the defence would not be seeking to disqualify her as trial judge.
Bennett did not say whether Bornmann had been in her class.
By BILL TIELEMAN
24 HOURS
The breach of trust charges against former provincial government aides David Basi and Bob Virk will take as much as six months of court time, B.C. Supreme Court Justice Elizabeth Bennett said Tuesday.
"I have arbitrarily set 120 days for this trial. I've seen the witness list," Bennett said.
Bennett also agreed to a defence request to delay the start of a defence disclosure application that begins the case by two days, from April 16 to 18.
Bennett will hear the trial that arises from the police raid on the B.C. Legislature Dec. 28, 2003 and subsequent allegations that Basi and Virk provided confidential government information about the $1 billion privatization of B.C. Rail to lobbyists representing one of the bidders.
Outside the courtroom Basi's lawyer, Michael Bolton, said Bennett was using "an abundance of caution" in scheduling 120 court days, which means about six calendar months for the trial.
But Bolton also said it was possible the trial could conclude in October.
Bennett also asked defence lawyers if they objected to her continuing as trial judge after noting that she had taught a legal advocacy course at the University of B.C.
Defence has raised an issue over special prosecutor Bill Berardino's role in teaching the same course because key Crown witness Erik Bornmann was in the classroom as a law student after Basi and Virk were charged.
Bolton quickly told Bennett the defence would not be seeking to disqualify her as trial judge.
Bennett did not say whether Bornmann had been in her class.
Appeal needed in outrageous sentence reduction for killer of Grant DePatie, gas station attendant dragged to death
Bill Tieleman’s 24 Hours Column
Tuesday April 10, 2007
DePatie appeal needed
By BILL TIELEMAN
There is a higher court than courts of justice and that is the court of conscience. It supercedes all other courts.
- Mahatma Gandhi
Maybe it's because as a young man I spent many shifts working alone in gas stations, just like Grant DePatie did before he was dragged 7.5 kilometres to his death in a gas-and-dash robbery in 2005.
Or maybe it's because B.C. Supreme Court Judge Lance Bernard found that Darnell Pratt, the then 16-year-old car thief and killer bragged to his friends that he had heard DePatie's screams from under the car as he begged Pratt to stop.
But whatever the reason, I am disgusted that last week the B.C. Court of Appeal reduced Pratt's already lenient sentence of nine years to just seven years.
And it doesn't matter that Pratt is a young aboriginal with a terrible family background, reasons the Appeal Court cited for a lesser sentence. As unfortunate as that is, it doesn't excuse his crime or the need for punishment.
But worst of all is that B.C. Liberal Attorney-General Wally Oppal won't appeal the sentence reduction to the Supreme Court of Canada.
Oppal, whose judicial career I respect, should immediately order an appeal.
Oppal must show the utter repugnance British Columbians feel for the decision of the three Appeal Court justices who gave a break to the teen killer, regardless of whether or not the Supreme Court of Canada agrees to a hearing.
Instead Oppal is arguing that it's "unlikely" the Supreme Court of Canada would hear the sentence appeal.
Is this the same Attorney-General Oppal who in 2006 ordered an appeal of the lenient two-year sentence given by the B.C. Supreme Court to Jenny Woloshyn, a drunk driver who killed 23-year-old David Firenze?
Oppal had a different story in that case: "We just think the sentence in this particular case is contrary to the law. The criminal justice system can never be out of touch with the public pulse. We must be accountable to the public."
So where is the public accountability now, in an even more horrific crime?
Maybe former B.C. Court of Appeal judge Oppal is too close to his old colleagues to see that the public interest demands he challenge this outrageous decision.
Or maybe the B.C. Liberal government, which did nothing to protect gas station attendants working alone overnight after DePatie's death until forced into it by the young man's courageous family and the B.C. Federation of Labour, is again out of touch with reality.
But you will not get a clearer case crying out for an appeal.
Mr. Oppal, please don't let this unjust decision go without a challenge. Grant DePatie deserves at least that much respect.
Friday, April 06, 2007
Tieleman guest hosting on CKNW's The Sean Leslie Show Saturday April 7, 3 to 5 p.m.
I will be sitting in as guest host for Sean Leslie on Saturday April 7 from 3 to 5 p.m. on CKNW AM 980.
Here's the lineup for the show - do tune in and call in!
[I will also be sitting in for Sean next Saturday April 14.]
3 p.m. JEAN SWANSON…COORDINATOR W/ THE CARNEGIE COMMUNITY ACTION PROJECT on the province's purchase of downtown eastside hotels.
3:30 p.m. JAY RITCHLAND…MARINE CONSERVATION SPECIALIST WITH THE DAVID SUZUKI FOUNDATION on the news that Exxon is offering to help the BC Liberal government get rid of the offshore oil and gas moratorium.
4 p.m. ARTHUR MANUEL…SPOKESPERSON FOR THE INDIGENOUS NETWORK ON ECONOMICS AND TRADE on the recent rejection of a treaty with the Lheidli T'enneh First Nation in Prince George.
4:30 p.m. BILL REES… ECOLOGY PROFESSOR AT THE SCHOOL OF COMMUNITY AND REGIONAL PLANNING AT UBC on why ethanol is no solution to pollution and greenhouse gas emissions.
Here's the lineup for the show - do tune in and call in!
[I will also be sitting in for Sean next Saturday April 14.]
3 p.m. JEAN SWANSON…COORDINATOR W/ THE CARNEGIE COMMUNITY ACTION PROJECT on the province's purchase of downtown eastside hotels.
3:30 p.m. JAY RITCHLAND…MARINE CONSERVATION SPECIALIST WITH THE DAVID SUZUKI FOUNDATION on the news that Exxon is offering to help the BC Liberal government get rid of the offshore oil and gas moratorium.
4 p.m. ARTHUR MANUEL…SPOKESPERSON FOR THE INDIGENOUS NETWORK ON ECONOMICS AND TRADE on the recent rejection of a treaty with the Lheidli T'enneh First Nation in Prince George.
4:30 p.m. BILL REES… ECOLOGY PROFESSOR AT THE SCHOOL OF COMMUNITY AND REGIONAL PLANNING AT UBC on why ethanol is no solution to pollution and greenhouse gas emissions.
Tuesday, April 03, 2007
Green Party Leader Elizabeth May Contradicts Herself Completely On Clean Air Act
Green conflicts of May
Bill Tieleman’s 24 Hours Column
Tuesday April 3, 2007
By BILL TIELEMAN
Doublethink means the power of holding two contradictory beliefs in one's mind simultaneously, and accepting both of them.
Will federal Green Party leader Elizabeth May come clean on why she completely contradicted herself on the proposed Clean Air Act in just nine days?
May must be wishing she had thought twice before saying the Conservative government's Clean Air Act should die on March 22 - because she was forced to praise it on March 30!
May called proposed opposition amendments to Bill C-30, the Clean Air Act, "a pointless exercise" in a March 22 news release. She urged the Parliamentary committee considering amendments to stop, saying the legislation was unnecessary anyway and should "rest in peace."
"Bill C-30 - the so-called Clean Air Act - was dead on arrival at its first reading last year," Green Party leader Elizabeth May said. "Ongoing attempts to breathe life into the corpse are a waste of time."
And she dug in deeper: "Ms. May said that Bill C-30 is not only bad legislation, it is also unnecessary. "The government already has all the legislative power it needs to reduce air pollution and meet Canada's Kyoto greenhouse gas reduction targets."
But just days later May rejoiced over the pre-Easter resurrection of the Clean Air Act.
Her March 30 release states: "Green Party leader Elizabeth May today praised members of the Legislative Committee on Bill C-30 for their efforts to rewrite the fatally flawed Clean Air Act legislation ... adding that the 'New' Clean Air Act looks uncannily similar to the Green Party's proposed amendments."
Hmmmm. Dead on arrival, MPs foolishly breathing life into a corpse one week and the next week, it's alive and well and thank God for those amendments!
And those "Green Party amendments" - who exactly would be proposing them in the House of Commons when her party doesn't hold a single seat?
In fact, New Democrat, Bloc Quebecois and Liberal party MPs in a rare moment of unity forced the changes on Prime Minister Stephen Harper's minority government.
And while NDP leader Jack Layton and Liberal leader Stephane Dion each claim credit, both parties' news releases state that they put aside "partisan differences" to fight climate change together.
But that proved May's earlier position that amendments were "pointless" and actually needed to be quickly recycled.
May has courted trouble before. My 24 hours colleague Sean Holman reported last year that May planned to continue undertaking national speaking tours funded by non-profit groups while also attending Green Party functions. That prompted Elections Canada to state such funding would be regarded as political contributions. Whoops!
Elizabeth May is green, alright; so green at politics that she isn't ready for prime time.
Bill Tieleman’s 24 Hours Column
Tuesday April 3, 2007
By BILL TIELEMAN
Doublethink means the power of holding two contradictory beliefs in one's mind simultaneously, and accepting both of them.
- George Orwell
Will federal Green Party leader Elizabeth May come clean on why she completely contradicted herself on the proposed Clean Air Act in just nine days?
May must be wishing she had thought twice before saying the Conservative government's Clean Air Act should die on March 22 - because she was forced to praise it on March 30!
May called proposed opposition amendments to Bill C-30, the Clean Air Act, "a pointless exercise" in a March 22 news release. She urged the Parliamentary committee considering amendments to stop, saying the legislation was unnecessary anyway and should "rest in peace."
"Bill C-30 - the so-called Clean Air Act - was dead on arrival at its first reading last year," Green Party leader Elizabeth May said. "Ongoing attempts to breathe life into the corpse are a waste of time."
And she dug in deeper: "Ms. May said that Bill C-30 is not only bad legislation, it is also unnecessary. "The government already has all the legislative power it needs to reduce air pollution and meet Canada's Kyoto greenhouse gas reduction targets."
But just days later May rejoiced over the pre-Easter resurrection of the Clean Air Act.
Her March 30 release states: "Green Party leader Elizabeth May today praised members of the Legislative Committee on Bill C-30 for their efforts to rewrite the fatally flawed Clean Air Act legislation ... adding that the 'New' Clean Air Act looks uncannily similar to the Green Party's proposed amendments."
Hmmmm. Dead on arrival, MPs foolishly breathing life into a corpse one week and the next week, it's alive and well and thank God for those amendments!
And those "Green Party amendments" - who exactly would be proposing them in the House of Commons when her party doesn't hold a single seat?
In fact, New Democrat, Bloc Quebecois and Liberal party MPs in a rare moment of unity forced the changes on Prime Minister Stephen Harper's minority government.
And while NDP leader Jack Layton and Liberal leader Stephane Dion each claim credit, both parties' news releases state that they put aside "partisan differences" to fight climate change together.
But that proved May's earlier position that amendments were "pointless" and actually needed to be quickly recycled.
May has courted trouble before. My 24 hours colleague Sean Holman reported last year that May planned to continue undertaking national speaking tours funded by non-profit groups while also attending Green Party functions. That prompted Elections Canada to state such funding would be regarded as political contributions. Whoops!
Elizabeth May is green, alright; so green at politics that she isn't ready for prime time.
Monday, April 02, 2007
Basi-Virk Case - the Amazing Disappearing Hearing!
The planned April 2 - 9:30 a.m. BC Supreme Court update hearing prior to the David Basi-Bob Virk-Aneal Basi trial simply disappeared!
Arriving at BC Supreme Court this morning I was surprised to find that I could not find the hearing in front of Justice Elizabeth Bennett anywhere on the court docket for the day.
A call to one of the defence lawyers was required to find that the hearing has been put off yet again - to Tuesday April 10 at 9:30 a.m.
Even more mysterious, the online Supreme Court docket apparently has a clear listing of the hearing for all to see.
Par for the course on what has become the most-delayed, complex and inaccessible to the public case in recent memory.
Lastly, the question now is whether the planned April 16 Supreme Court on the defence disclosure application will proceed on time. That hearing was booked for up to three weeks of court time.
And on April 13 the defence was scheduled to file a Charter of Rights application objecting to wiretap authorizations - a move that if successful could lead to the entire case being thrown out of court.
Stay tuned - for more delay and more lack of information.
Arriving at BC Supreme Court this morning I was surprised to find that I could not find the hearing in front of Justice Elizabeth Bennett anywhere on the court docket for the day.
A call to one of the defence lawyers was required to find that the hearing has been put off yet again - to Tuesday April 10 at 9:30 a.m.
Even more mysterious, the online Supreme Court docket apparently has a clear listing of the hearing for all to see.
Par for the course on what has become the most-delayed, complex and inaccessible to the public case in recent memory.
Lastly, the question now is whether the planned April 16 Supreme Court on the defence disclosure application will proceed on time. That hearing was booked for up to three weeks of court time.
And on April 13 the defence was scheduled to file a Charter of Rights application objecting to wiretap authorizations - a move that if successful could lead to the entire case being thrown out of court.
Stay tuned - for more delay and more lack of information.
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