Thursday, September 18, 2008

BC Liberal MLA Dave Hayer cleared by police

BC Liberal MLA Dave Hayer cleared by police

Statements made in this article, while made responsibly when originally written, have been determined to be unfounded by the RCMP.  The allegations were unsubstantiated.  The file relating to the allegation has been closed.  No report was made to Crown Counsel and the RCMP did not ask for a special prosecutor.**

** Note from Bill Tieleman - the headline and statement above have been posted on Saturday May 12, 2012.


Yesterday in BC Supreme Court it was alleged by lawyer Michael Bolton, acting for BC Legislature Raid case defendant Dave Basi, that new evidence disclosed to the defence shows BC Liberal MLA Dave Hayer was under RCMP investigation in the past.

The investigation, Bolton alleged, was that Hayer and Basi were attempting to have “assessments or collections” of money owed to the Insurance Corporation of B.C. by Hayer's constituents dropped.

Yesterday I asked whether Special Prosector Bill Berardino, who is pursuing corruption charges against Basi, Bob Virk and Aneal Basi, might also have been appointed to investigate the Hayer allegations.

As stated previously, when an MLA is investigated a Special Prosecutor must be appointed. That appointment is also supposed to be published in the British Columbia Gazette so long as it does not affect the investigation.

This morning Special Prosecutor Bill Berardino seemed to indicate in an interview that he was not involved in the Hayer investigation.

"The only function I have played is to make a disclosure in this case and those documents [referred to in court] are part of that disclosure," Berardino told me by telephone.

Berardino declined to say any more on the matter.

But if Berardino's "only function" was the disclosure of documents, it appears clear he was not appointed special prosecutor in the Hayer investigation.

That leaves a puzzle of considerable public interest, with the following questions:

Is Dave Hayer still under police investigation?

Is there still an undisclosed special prosecutor acting on the Hayer matter?

Why has ICBC declined to comment, citing the matter is being discussed in the courts?

Why has the RCMP, in an interview published today in the Province newspaper, said they cannot confirm or deny if an individual is under investigation?

MLA Dave Hayer could clear the air by telling the public what he knows.

It is unfair to his reputation that this be left unresolved if he is not under ongoing investigation.

And if he is under investigation, the public has a right to know why.


NDP demand answers from Attorney-General Wally Oppal on investigation status of Dave Hayer
BC NDP MLA Mike Farnworth has written to Attorney-General Wally Oppal today with a series of questions regarding BC Liberal MLA Dave Hayer and allegations of a police investigation.

Farnworth asks Oppal whether a Special Prosecutor was appointed and if so, why that has not been disclosed.

Farnworth also asks whether Hayer was appointed Parliamentary Secretary on immigration and multiculturalism while allegedly under police investigation and appointed to legislative committees.

Here is a copy of Farnworth's letter - click on it for a full-sized version:


MLA Dave Hayer tells CKNW news today that he has done nothing wrong despite allegations made in BC Supreme Court yesterday by a defence lawyers representing David Basi.

"When any constituents of mine comes in and asks for help right, we listen to them, we try to advocate on their behalf irregardless of who the constituents are as long as they're not doing anything criminal or illegal," Hayer said.

"I'm confident I haven't done anything wrong, but I treat all my constituents equally," Hayer said.


Anonymous said...

Many thanks for going after these worrisome details, Bill.

Dave Hayer, Liberal MLA, seemed yesterday to be saying that his lips are sealed because the case is before the courts.

Isn't that another way of saying yes, it's connected to Dave Basi in such a way as to influence the court?

This proves beyond a shadow of doubt that Madam Justice Bennett needs to get that show on the road: start the Basi Virk Basi / BCRail Trial, call the witnesses, place them under oath to tell the truth, then ask the questions which will air the whole rotten mess before it's too late.

- BC Mary


Anonymous said...

El Presidente Gordon Campbell and his Junta are really messing with what is left of democracy in this province.

Bill . . . The question becomes when BC's fearless leader takes a page from the Argentine "Dirty War" of the 1970s and has you dropped from a chopper over the Straits of Juan de Fuca.


Anonymous said...

El Presidente Gordon Campbell has more than a chopper's worth of critics to drop.

Anonymous said...

Since when does an RCMP investigation of a sitting MLA warrant so little MSM attention?

It takes the media to break the story that Wally Oppal's brother in
under RCMP investigation and that a Special Prosecutor was appointed.

It takes the media to break the story that John Les is under RCMP investigation and that a Special Prosecutor was appointed.

It takes the media to break the
story that Gordon Hogg is under investigation by the government
relating to Doug Walls who was under RCMP investigation and now the icing on the cake is that it takes years of digging for basic
disclosure by the defence team in the Leg Raid case to uncover that
MLA Dave Hayer was under investigation!

If it were not for the media, and in this case defence lawyers, the
public would be left in the dark. My question is WHY? Why are the
public the ones left in the dark? This is troubling and speaks loudly
for transparency from the RCMP and the Government.

We have a standard where elected officials must be held accountable
and if an elected official is under investigation, he or she must step aside and let the investigation run its course. It is after all in the public interest.

Did Dave Hayer do that? We must allow the public the information so
that they can do so decide for themselves.

Why are not more people asking the tough questions to the government and the Special Prosecutor?

It is a sad day in BC today when our corporate media have no desire to clear the air over an RCMP investigation. ICBC has had a series of troubling questions arise and no one wishes to investigate them.


Anonymous said...

so much for not commenting on a matter before the courts....

Gary E said...

Bill, you question the following in this article

"But if Berardino's "only function" was the disclosure of documents, it appears clear he was not appointed special prosecutor in the Hayer investigation."

If memory serves me correctly Berardino was the second "special prosecutor" in this case. And I could be mistaken on this but I think you reported that fact (or it may have been BC Mary or someone else) quite some time ago.

I'm going to search a couple of blogs to see if I can find it. I have a good idea who the original SP was, but it needs confirmation.

Gary E said...

Here's what I remembered Bill. It's from Vive le Canada and all indications would have Robin Mathews as the author. Although the article I found was not specifically signed by him.

"Complicating factors not mentioned by Defence enter the matter. In early December, 2003, in relation to the investigation of Victoria police officer Dosanjh, William Berardino was appointed Special Prosecutor by then Attorney General Geoff Plant with whom Berardino had formerly been in practice. Special Prosecutor of the different set of events leading up to the Legislature “raids” was David Harris (p.8, item 57). He advised on the day of the raids. Then he apparently disappeared. William Berardino then, apparently, added matters concerning the Legislature raids to his responsibilities."

Could Harris have been that SP? I think so. He was appointed leading up to the "raid" but then Berardino somehow magically appeared.

Anonymous said...

was dave hayer questioned by the RCMP?

was hayer's staff?

was the RCMP investigation as a result of something they heard on the wiretap of basi's phone?

was ICBC CEO paul taylor questioned?

were dave hayer's "constiuents" bc liberal friends and insiders?

have the RCMP closed this file?

were any lobbyist's invovled?

are any other MLAs the subject of an investigation linked to BASI?

can dave hayer produce any emails, memos, notes, letters, about these constituent's complaints? I am sure that the people would have nothing to hide if there was nothing to these allegations.

many more questions, so few answers.

another reason that the bc legislature should be sitting for these questions to be raised.

Anonymous said...

And of course, The House will not be in session this fall.

Very wise of our "El Presidente" and his Howe Street Generals to have anticipated this.

One could wonder what other scandals will come out between now and March 2009.

And I bet that BC Ferry fares will come down too, just in time for the 09 Election.

We should be so proud of our Fearless Leader, since he is so wise and powerful.


Anonymous said...

So many questions, so few answers. My God there was serious discussion on each nail hammered into Glen Clarkes back deck.Nightly video shots of the family kitchen.

Yet what King Gordos group do is very muted. No news her folks, A lot of media don't like the NDP and work hard to not cover Gordos crew involement in any thing that might be illegal. All those investigations are no coverage is downright insulting in my and many others view

Anonymous said...

The Globe reported that the RCMP documents regarding the Dave Hayer investigation are dated sometime in 2004.

In 2005 Dave Hayer won his riding over the NDP by 2500 votes with 59% of eligible voters voting.

If the news of the RCMP investigation was disclosed fully to the public in 2004, what might the outcome have been for the Surrey ridings??

Maybe the allegations regarding Hayer could have changed the result? Maybe more people participate in an election where there is concern over allegations of misconduct over a sitting MLA?

We will never know but, are these political concerns part of the logic from the RCMP to not dislcose this information?

Anonymous said...

Has anyone noticed the simularities between Ottawa terror suspect Mohammed Harkat's trail and the Basi-Virk case?
Both cases/defendants, are NOT allowed to know the evidence brought against them!!!
Harkat goes to trial in October, according to, todays Ottawa citizen report.

Anonymous said...

Thursday 1:30 pm Just phoned the Premier's office to see what that office would say about RCMP investigations. Unpleasant woman claimed that office has no knowledge of MLA's under investigation by RCMP. Yeah, right!
Suggested she inform Bobbit Abbott that having pharmacies renew prescriptions is not wise since at least 9 of the current anti-depressants have suicide as a side effect. Woman not pleased with this news.

Anonymous said...

Liberal MLA says he's done nothing wrong


A Liberal MLA from Surrey linked to the RCMP investigation of the 2003 raid on the legislature says he's done nothing wrong.

Yesterday, a lawyer for one of three men on trial for corruption said Surrey-Tynehead MLA Dave Hayer asked Dave Basi to help him get ICBC assessments against his constituents reduced.

Today, Hayer insists he was just trying to be a good MLA.

"When any constituents of mine comes in and asks for help right, we listen to them, we try to advocate on their behalf irregardless of who the constituents are as long as they're not doing anything criminal or illegal. So you're confident you've done nothing wrong? I'm confident I haven't done anything wrong, but I treat all my constituents equally."

When police first announced details of the police raid, they said no elected officials were under investigation.

The scandal was linked to the Campbell government's sale of BC rail to CN.

Anonymous said...


Don’t you find it interesting that previously Premier Campbell and Rich Coleman have both cited that they cannot discuss the “Railgate” affair because it is before the courts and then they proceed to avow their innocent…and now we find that Dave Hayer is doing the same thing! I wonder why? And yes, I admit that this, once again, is a rhetorical question.

Anonymous said...

I'd be interested in learning if the select standing committee on parliamentary reform, ethical conduct, standing order and private bills has anything to say about MLAs stepping aside during investigations.

And what is a conflict of interest, anyhow?

Anonymous said...

So what exactly are the allegations here? I don’t see someone owing ICBC big money and asking their MLA for help to be a big deal. There obviously has to be more to this. Why can’t the RCMP come clean on this kind of stuff?

It doesn’t matter if it is Glen Clarke or Dave Hayer there seems to be a problem with the system when the RCMP can “announce” an investigation; completely cook someone’s career only to later on exonerate them

Remember the last election when the RCMP just ”had” to announce that the Federal Liberals were under investigation? That seriously hurt them in that election and here we are years later and we still have heard nothing about the so called “urgent” investigation the RCMP had announced right smack in the middle of the election.

Something smells.

Anonymous said...

DUH!!! "That seriously hurt them in that election"

What hurt the Liberals, and continues to hurt the Liberals, is the Sponsorship Scandal. + the cost of finding out who the bad guys were, and still are part of the Party.