Tuesday, June 30, 2009

BASI-VIRK - Defence gets access to Premier Gordon Campbell, BC Liberal MLA emails with Pilothouse Public Affairs, Bornmann, Kieran

BC Supreme Court Justice Elizabeth Bennett today ruled that defence lawyers for three former BC Liberal government aides facing corruption charges can gain access to any emails between Premier Gordon Campbell, and Pilothouse Public Affairs lobbyists Erik Bornmann, Brian Kieran and Jamie Elmhirst.

Bennett also ruled that lawyers for David Basi, Bob Virk and Aneal Basi can obtain emails related to Pilothouse for 14 other current or former BC Liberal MLAs, including former Deputy Premier Christy Clark.

But a defence application that Bennett remain as judge for the trial of the three aides was put off until July 20.

In an interview after the short hearing Michael Bolton, representing David Basi, said the defence was pleased with the ruling.

"The judge ruled that the email records related to the divestiture of BC Rail and contact with lobbyists Erik Bornmann, Brian Kieran and Jamie Elmhirst be disclosed to the defence," he said.

"She ordered communications on Mr. Campbell's email account on Pilothouse be disclosed and those with any of the lobbyists," Bolton added.

"This result means the defence will get a large part of the emails it was seeking for 2002 to 2004," Bolton said. "It also means we may be in a position to bring an application for some of the records that were not disclosed today."

Bolton said that Clark had not objected to release of her records or had legal counsel at the hearing despite being served notice of the defence application.
Bolton added that the court will hear an additional defence request for Campbell's executive branch records on July 16-17.

Here are dates currently scheduled for pre-trial hearing applications:

July 16-17 - Continuation of defence application for executive council 3rd party records, with a submisison from BC government lawyer George Copley.

July 20 - Hearing on a defence request that Justice Elizabeth Bennett continue as the trial judge despite her elevation to the BC Court of Appeal. Special Prosecutor Bill Berardino has asked that she be replaced.

July 21-22 - Defence application for non-compliance order over failure to disclose material previously ordered released by Bennett.

July 23 - Continuation of the defence application for the business records of Patrick Kinsella and the Progressive Group companies.

August 18-20 - Continuation of Kinsella application if necessary.

Still unknown is whether the Supreme Court of Canada will issue ruling on the secret witness appeal by Special Prosecutor Bill Berardino. The Court does not usually release decisions of this nature during the summer months.


DPL said...

So does this mean the message that the emails were gone and Gordo siad, all the proper stuff was available actually mean anyhting? Hope the Judge stays on. Thanks for the information , as usual Bill.

Anonymous said...

What is happening with the SCC appeal? I thought that Berardino wanted it fast tracked?

Time to dump this case and get on with the inquiry, although the braidwood inquiry seems to be getting the delay from the RCMP. I am sure that Campbell will delay any inquiry into BC Rail.

kiwi said...

Someone should investigate past cases of George Copley, seems he is always in court over Government documents that have disappeared or don't SEEM to exist when the Government is afraid of the truth.
Just ask John F. Carten.

Anonymous said...

This is great news. Can we expect the that trial will now speedily move on as the defence now has the smoking gun ? or will they just come back with endless more innuendo; allegations and fishing trips ?

Anonymous said...

Will the email disclosures include the address that was used by the Premier when he was away from his office? Something came up in Hansard on the name of the email address..... "Spike" or something.

Anonymous said...

Kiwi.... follow this link and it will take you "The Courts of British Columbia" search engine.

At "Key Words" type in George Copely hit the "Submit" button and you'll find out just how busy Mr. Copely has been.


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