5/04/2008

BC Rail Basi-Virk-Basi Trial

Recent developements in the Basi-Virk-Basi trial (BC Rail Scandal) have prompted me to make some comments here.
First let me appologize to some other bloggers here. I have yet to figure out how to link my posts to multiple bloggers (if that's at all possible) . But there is a general concensus among us that BC Mary at The Legislature raids is in the forefront on this subject and that's the reason for linking to her sight. Although Kootcoot at The House of Infamy I think was the first. Others include, The Gazetteer, Somena Media, Bill Tieleman, Public Eye Online, and a host of others that could be linked from any one of the foregoing. Or just google them.
I first attended this case (#23299) in the BC Supreme Court at 800 Smyth st. in Vancouver in April of 2007. My reasons were many but suffice it to say I was disturbed at the developements in this case and was not getting enough information from the mainstream media (MSM). Ninety percent of the information we received was from two people. Bill Tieleman and Robin Mathews.
There were developements that were very disturbing to me so I started to read up on our Rights and the Crown Council Act. And wound up getting headaches because I had to read the constitution and the court act and on and on.
This case began over a drug related investigation, which caused investigators to tap the phones of some very high up officials in ministries of the Gordon Campbell Liberal Government.
As a result of these taps warrants were issued to sieze documents from The Legislature in BC on December 28,2003. Almost 4-1/2 years ago. Unprecedented in this country. The hearings are beginning to show that the BC Rail deal may have been corrupt. Three officials have been hung out to dry. (scapegoats for their political masters). And two government ministers as well as the Premier may be involved in a government cover-up. There is definately a lot of legal wrangling and delays in this case.
It must be noted here that I have only attended this court twice in the last year. April 2007 and again on April 14,2008. Pretty much a year apart.
On my second trip, last month, I heard some very interesting and highly disturbing news.
Previously the defence had wanted to call some people to trial to give evidence under oath. That was nixed by the government lawyer and the Special Prosecutor so Kevin McCullough arranged to send a letter to four people he needed to answer some questions. One of these people was none other than the premier himself. From conversations I heard in court I gathered that Mr. McCullough wanted these questions answered openly and honestly with no advice from lawyers or spin doctors or anyone else. Just the people to whom he posed the questions. It seemed like black and white to me, but he was having trouble convincing the judge. In requesting the conditions for answering questions he got a response from the government lawyer. "NO". that was it. No reasons, no discussion, Just NO. All I could do was shake my head.
The result of this conversation was that the Prosecution and defence were to try an resolve the impass outside court. Mr McCullough managed to get a tentative court date set May, 2, 2008 to put, I guess arguements, to the Judge if this impass could not be broken. They were to return to court to settle the matter if they couldn't resolve it on their own. I heard no other reasons for returning to court on this date.
We, as in other bloggers and myself managed to get an Anon-Y-Mouse down to the court on May second. That person took the trouble to get to the courthouse only to find that the already set date had been changed at the request of the special prosecutor to the previous day. May 1,2008.
This person in attempting to find out what happened apparently asked a sheriff and was told the Prosecutor didn't want to deal with the public.
There is a section in one of the acts that says "the public interest is Paramount" and Madam Justice Elizabeth Bennett had even mentioned these words in her courtroom in case #23299.
Now, I'm a fairly straightforward person and when I have a question I ask it. Sometimes my attitude needs adjusting and sometimes I need to calm down. So in this case I have e-mailed the special prosecutor and asked a couple of questions. I am awaiting his answer.
The only other way to get access to these questions other than that is to read the transcripts and I don't live anywhere near the court.
Legislation is being changed every day to facilitate cover-ups in this country. I don't know myself how to challenge the changes put forth. But if there is anyone with suggestions, I would welcome them. I know I am not the only one who is frustrated with these actions, and I don't want to sit on my hands and do nothing or just ask the question "What can I do?"

7 comments:

BC Mary said...

.
Gary E,

This is very interesting stuff that you are writing about the Basi-Virk hearings.

It's especially interesting to me, to have the details of what you see and hear in the actual courtroom proceedings.

I hope you will return, in your memories, to those courtroom scenes and tell us every detail.

I often wonder if the hearings suggest that the whole proceeding is about Basi Virk Basi -- or is it about BCRail -- or is it about the government who initiated this set of events? What was your feeling, as an onlooker?

I may have mentioned this before, but I e.mailed one defence lawyer (the only one who had an e.mail address on the Law Society web-site) and then mailed the hard copy to each of them (Bolton, McCullough, Doyle) promoting the idea of televising the trial once it gets under way.

I asked if they would support the idea.

This was about 2 months ago. There hasn't been the slightest response from any of them.

I hope you have better luck with your questions.

.

Gary E said...

Thank you Mary

What these hearings have suggested to me so far is that the defence lawyers are trying to form their defence. They know in their hearts as well as what they have heard from their clients that this is a cover-up. Although they can't call it that in court. You can actually hear the frustration, and how he is trying to hold his temper, in McCulloughs voice.

When the Judge gets edgey you can hear the harshness although she never appears to explode. At least not while I was there.

So the defense in making their case have had to go fairly deep into BC Rail in order to do their jobs. And of course the government appears to be doing everything in their power (and outside of that power) to hinder them. I mean how simple is it to just answer the questions without spinning. Just simple honest answers. Either that or "see you in court".

kootcoot said...

The judicial system in BC is a game used by the select group to exploit everybody else. There is no justice until everyone is equal in the eye of the law. As it is now, justice is for sale to those with the money and the right connections.

Did the law protect Sunny Park and her family, did it protect the children in Merritt? It protects the interests of those who can afford "justice."

I wonder how many sedatives those who labor in the halls of justice need to sleep at night. Of course they may just all be sociopaths and have no problem, what so ever!

Gradually though, respect for the law erodes to the point where it is just another obstacle to avoid or actively resist for those who aren't members of the "club."

Almost definitely, there will be a turn toward more fascism and less individual freedoms (ie Harper's Law and Order Agenda) and then the question will be, will we all lay down and put our hands out for the shackles?

Gary E said...

You know Koot, I've been holding off on saying this but you've opened a door.

I was thinking the other day of a time in history (the 1930's) whena group of people were lulled (in my opinion) into a false sense of security. The result for those people was catastrophic. And for some reason I am getting a sense or feeling that today in Canada of all places, we are being lulled into a false sense. There is no doubt that the rich are getting richer and the poor are getting poorer. But the worst thing I see happwning on the horizon is that we as a people are beginning to lose our basic rights. First the internet is in jeopardy of being censored in a miriad of ways, and now governments (elected officials) are trying to shut us up by threatening lawsuits for slander and such.

Well I say "Bring it on baby" It will only happen over my dead body.

Rant complete.

Anonymous said...

So the SP took the time to email you back regarding the time change last week?

Did you also ask him when this trial is going to start? did you ask him what happens after his appeal of the secret witness hearing? Did you ask him how people are charged with accepting a bribe and no one is charged with offering a bribe?

gary - you have a chance to ask the tough questions that no one else is asking. Please use your blog to ask Berardino about his record!

Bob L

Gary E said...

Anonymous Bob L

Nowhere have I stated that the SP has got back to me on any e-mail. That information wouldn't be given until such time as they did e-mail me and consent to my using the information on this blog. Nice try.

But I will tell you that all of your subsequent questions have been thought out by me. They form part of the reason for starting this blog. The problem is, as BC Mary, Ross K, Kootcoot, Bill t, Robin Mathews, and even Sean Holman can tell you, there is not enough time in any day to cover everything. Consequently we file things away for future reference, and you can be sure your questions are previously stored in my file.

What I will tell you is that there are two very interesting developements on the BC Rail trial that I am working on. I should have something later today or tomorrow. In the meantime I know others have some interesting things coming up as well. Have you read Bill Tielemans piece on Dobell yet?

Anonymous said...

Thanks for the update. Two items you are working on....that is great news.

I wonder if Bill Tieleman had to pay for those court documents like Robin Mathews was told.

I also find it to be clear that the Premier's hands are all over the delay over these documents.

The political interference goes straight to the top and it is no wonder why the defence is asking that the questions be answered without any spin control.