BC RAIL/’BASI-VIRK’ EXCLUSIVE: 2007 Disclosure Application Reveals Plenty About RCMP Investigation, Special Prosecututor Conflicts and Star Witness Erik Bornmann’s Allegation that Premier’s Brother Bruce Clark Bribed Dave Basi
What you are about to read is the ‘NOTICE OF APPLICATION FOR DISCLOSURE’ filed in February 2007 by ‘Basi-Virk’ defence counsel (Joe Doyle, Kevin McCullough and Michael Bolton, QC).
Among the extraordinary points:
• Wiretap (of the BC legislature) denials by a judge based on parliamentary privilege being “at issue” were allegedly ignored by the RCMP, who in turn, deleted the words “Parliament Buildings” and resubmitted to another judge with just the legislature’s address intact–BUT NEVER TOLD THE NEW JUDGE about the previous denials.
• On the same application the RCMP sought to wiretap ‘Basi govt line” without explaining that this was also the main line to the Minister of Finance’s Office. That’s how there were intercepted calls between then premier Gordon Campbell and former finance minister Gary Collins.
• One of the main RCMP investigators bought a house in 1999 from Sukhbir Basi–Dave Basi’z mother. For the purpose of consummating that transaction, Dave Basi himself conducted the entire sale on behalf of his mother. Was that RCMP officer in a conflict of interest? You be the judge.
• The RCMP never asked for permission of the then Speaker (Claude Richmond) to proceed with wiretaps of legislative buildings.
• The process by which BC Rail was disposed of was deeply flawed–this appeared on successive wiretaps.
• Direct orders from Collins to Basi “not to lose OmniTRAX” (stalking horse allegations).
• Intercepted call between Basi and Virk, with Basi assuring Virk of Collins-authorized consolation prize to OmniTRAX.
• RCMP learns through “intercepted communications” that Basi personally advised OmniTRAX of Collins-approved consolation prize for them as well. (Where would Collins get permission to order such an expensive gift?)
• How was there “criminal wrongdoing” only on the part of Basi and Virk if they were following orders?
• RCMP aware through more “intercepted communications” that Basi’s “previous advice” to Virk regarding the Collins-approved consolation prize to OmniTRAX was “significantly corroborated.”
• Basi consistent on wiretaps regarding these points.
• RCMP Sergeant that led investigation team was brother-in-law to Executive Director of BC Liberal Party. Noted Sgt. advises superiors of potential conflict but “at some point.” In fact, well into the investigation; why the delay?
• RCMP contacted a Special Prosecutor only AFTER warrant to search Bobby Virk’s office listed wrong address.
• Instead of taking advice of SP to redo warrant and vacate current one, one of the lead RCMP investigators calls a Supreme Court judge and receives authorization without further warrant or any paperwork.
• The “drug investigation” allegations and RCMP campaign and public relations strategy were “deleterious to the fair trial rights of the accused.” (Considering that “organized crime at the highest levels” was never explained by the RCMP, you wonder how many times the defence raised this key point that also speaks to the public interest).
• In an absolutely stunning revelation, notwithstanding the “exculpatory nature of the Nov. 17/2K3 wiretap between Basi and Virk vis-a-vis Minister Collins (approval of consolation prize to stalking horse OmniTRAX)”–the RCMP elected NOT to conduct any FURTHER investigation of Gary Collins. If Gary Collins was under criminal investigation, then this flies in the face of media statements made by Special Prosecutor Janet Winteringham that “no government members were ever under investigation.” Is also rips to shreds the CTV Vancouver story where Christy Clark bloviator Jim Beatty heralded the “complete exoneration” of all government members, most notably Christy Clark.
• RCMP and Office of Special Prosecutor commenced negotiations with George MacIntosh, QC (Erik Bornmann’s lawyer) to obtain testimony of a credible snitch.
• Special Prosecutor William Berardino, QC, taught Erik Bornmann a law class but apparently had no idea Bornmann was present. Conflict? You be the judge.
• Bornmann lied about getting the “all clear” from authorities to continue lobbying government AFTER becoming key witness.
• Disclosure matters not adequately addressed, including missing documents. Incompetence or obstruction?
• Video cassettes missing of Gary Collins’ Basi-arranged ‘Villa del Lupo’ dinner with OmniTRAX executives.
• In 2007, Special Prosecutor Bill Berardino’s office advises defence counsels Bolton, McCullough and Doyle that a “further statement” from Erik Bornmann would be released–that statement was taken in 2005–TWO YEARS EARLIER.
• Erik Bornmann in his statement to RCMP alleged that Bruce Clark, brother of then Deputy Premier (and current Premier) Christy Clark, bribed David Basi. The RCMP executed search warrants on Mr. Clark’s bank accounts. What was the outcome of those executed warrants? Was this a case of a Bonmann smear job or yet another example of the RCMP ignorance? If Bornmann was a “credible” witness, how can any part of his testimony be deemed untrue or manufactured and still remain credible?
Again as with Tuesday’s post of the Kinsella application, the documents below are involved and lengthy. The allegations are either (since) known, remain unproven or of unknown status.
Prepare for another 25+ page read–but most worthwhile.
It all illustrates the significant problems with this investigation, including an apparent frustration of disclosure rules by the Office of the Special Prosecutor and the OBVIOUS, pressing need for a full public inquiry.
In my not-so-humble opinion, it is a complete OUTRAGE that the media in this province continue to remain silent on this issue. The opinions of major media celebrities (well, what else would you call them at this point?) like Bill Good and Keith Baldrey are clearly, totally out of sync with the reality of what has transpired. FOR SHAME.