17 May 2010

Finally, the Truth Behind BC Rail Deal

David Basi, center with tie, former government aide, arrives at court on 17 May 2010.

Vancouver British Columbia - One of the longest running criminal cases in B.C. history, involving an unprecedented police raid on the B.C. legislature in 2003, is expected to finally get under way Monday.
 
Last month, the three former government employees implicated in the so-called Basi-Virk case pleaded not guilty to charges that they were involved in government corruption in connection with the $1-billion sale of BC Rail.
 
In December 2003, police raided the B.C. legislature in Victoria and carted away boxes of documents.
 
David Basi, a ministerial assistant for then-finance minister Gary Collins, was fired a day after the raid. Bobby Virk, a ministerial assistant for then-transportation minister Judith Reid, was suspended with pay.
 
Nearly a year later, criminal charges were laid against the two men, along with Basi's cousin, Aneal Basi.
 
A 12-count indictment, filed by special prosecutor Bill Berardino in January 2005, mainly outlines allegations of breach of trust and fraud against David Basi and Virk.
 
David Basi is accused of having demanded, accepted, or agreed to accept for himself money, meals, travel, and employment opportunities as consideration for helping Denver-based OmniTRAX in its bid for BC Rail. Virk is alleged to have sought meals, travel, and employment opportunities.

Both are alleged to have disclosed to interested third parties confidential government documents and information that included cabinet confidences pertaining to the sale.
 
They're also accused of having defrauded winning bidder Canadian National Railway Co., Canadian Pacific Railway, CIBC World Markets Inc., and the Government of B.C. of an amount exceeding $5,000 by disclosing the confidential information.
 
The offences are alleged to have occurred between 1 Apr 2002, and 28 Dec 2003, the day of the police raid on the legislature.
 
Aneal Basi faces two counts of laundering money accepted by his cousin, David Basi.
 
Enmeshed in the case is Pilothouse Public Affairs, a lobbying firm that acted on behalf of OmniTRAX.
 
Though charges were laid five years ago, the case has been slowly dragging its way through the courts.
 
Two provincial elections, in 2005 and 2009, have come and gone.
 
The original trial judge, B.C. Supreme Court Justice Elizabeth Bennett, was elevated to the B.C. Court of Appeal last year. She was replaced by Justice Anne MacKenzie, who was recently elevated to associate chief justice, the No. 2 job at the B.C. Supreme Court.
 
At one point, a pretrial matter was appealed to the B.C. Court of Appeal, then landed in the Supreme Court of Canada.
 
"The raid on the B.C. legislature 28 Dec 2003, is a long, long time ago, but the public remains very attentive," says Norman Ruff, a University of Victoria political science professor emeritus.
 
"The police raid and their loading of boxes of evidence on the steps of the [legislature] are still vivid images for many British Columbians as one of the most startling political events of this decade," Ruff said.
 
"Our understanding of what lay behind this affair has changed considerably after the initial wild speculations, including money-laundering, and a drug investigation. But as the current label "Railgate" denotes, it raises very troubling issues surrounding the privatization of BC Rail."
 
In February, the three accused re-elected to be charged by jury rather than judge alone and, on 28 Apr 2010, entered their not-guilty pleas. A 12-member jury comprising seven men and five women was selected.
 
Berardino declined to comment on the pending trial. Michael Bolton, a lawyer who represents David Basi and frequently comments to the media on behalf of the defence team, also was reluctant to comment.
 
Leonard Krog, justice critic for the NDP, had no such qualms.
 
"British Columbians have waited a very long time to get at the truth behind the sale of BC Rail. And it looks finally like we're going to get at the truth," Krog said. "I suspect that there are many in the premier's office who are very concerned about what potentially will be disclosed during the course of this trial. The story is filled with Liberal friends and insiders. This trial is, I think, the Liberal Party's worst nightmare."
 
Regarding the length of the case, Krog said there were no "gold stars" to be given out for the numerous delays "but the important thing is, it is finally going to trial. The accused have the chance to prove their innocence and the Crown the chance to prove their guilt."
 
Ruff said that the trial could have wider implications for the Liberals.
 
"Given the current hostile state of provincial public opinion, whatever are the revelations and outcome of the trial, even a slight whiff of negativity is not something the Campbell government needs, nor can easily absorb, at this time."
 
Bridgitte Anderson, press secretary for Campbell, said the premier will not comment on the case while it's before the courts.
 
The trial is set to run six weeks.
 
Keith Fraser.