Monday, December 29, 2008

RailGate, The Sixth Season - Wheels Of Misfortune

AllTheLettersThatFit
LostLexiconVille


After five long years it looks like British Columbia's never ending show that never actually started just might be going into syndication.

Luckily, Mr. T., Bill Tieleman, provides an alphabetized program of the BC Rail (non)Trial, so you can keep track of the players, past and present, alphabetically.

My favorite entry is the letter 'B' (for all kinds of reasons):

Camille BAINS. Media.
Bains is a Canadian Press reporter whose diligent stories are now missed, as she has been reassigned and CP is not regularly covering the case.

Amar BAJWA. Federal Liberal Party, possible witness.
Former federal Liberal government assistant in Human Resources and Skills Development Canada, Bajwa was among several listed in a search warrant information to obtain, who police said: "are not at the present time the subjects of this investigation."

Bajwa was also an organizer for Prime Minister Paul Martin in his federal Liberal leadership campaign in B.C. and publicly defended David Basi, a friend since high school, after the raid.

Bajwa was membership chair in the federal Liberals' Vancouver South-Burnaby riding when then-cabinet minister Herb Dhaliwal lost control of his executive, blaming Basi for a hostile takeover.

Collins introduced Bajwa in the B.C. legislature on two occasions, in 1999 and 2001. More recently, Bajwa was campaign manager for Victoria Liberal candidate Anne Park Shannon in the 2008 election.

David BASI. Accused, ex-B.C. government.
Five years ago, life was good for Basi. As ministerial assistant to then-Finance minister Gary Collins, Basi was a powerful provincial government staffer who also worked as a federal Liberal Party organizer for the leadership campaign of Finance Minister Paul Martin.

Basi and co-accused Bob Virk, ministerial assistant to Transportation Minister Judith Reid, were two of the key political staff involved in the $1 billion B.C. Rail privatization. Both men sat in on many confidential meetings on the deal, and were both in multiple e-mail chains as well, according to defence statements in B.C. Supreme Court.

Basi was also heavily involved in efforts to push federal Liberal Prime Minister Jean Chrétien out of office and replace him with then–Finance minister Paul Martin. The so-called "Basi Boys" were allegedly used by Martin's B.C. lieutenant Mark Marissen -- husband of then-provincial Liberal deputy premier Christy Clark -- to take over riding associations for the Martin forces.

But Basi's political activities were not what brought RCMP attention. Basi's cousin Jasmohan (Jas) Bains was under investigation in Victoria for cocaine trafficking, and when extensive wiretaps on Bains's phones were set, Basi was allegedly intercepted discussing matters that police felt were illegal, leading to the launch of Project Everywhichway.

(Bains was charged after police seized 20 kilograms of cocaine and much later convicted in 2008.)

After the B.C. legislature raid, Basi was fired from his job and later charged with breach of trust and fraud for allegedly giving provincial lobbyist Erik Bornmann confidential government documents related to the B.C. Rail bidding process. Bornmann and Pilothouse Public Affairs partner Brian Kieran were registered lobbyists for OmniTRAX, the U.S.-based rail company that was in the running to buy B.C. Rail.

Later more charges were laid against Basi alone. He was charged with the production and possession of marijuana after police found a grow operation in a home he owned but rented out at Shawnigan Lake, north of Victoria. The charges were stayed June 30, 2005, by the federal Crown.

Then on March 31, 2006 additional serious charges were filed against Basi. The Crown alleges that Basi was paid $50,000 between January 2002 and September 2003 to help veteran Victoria developers Jim Duncan and Tony Young get land removed from the Agricultural Land Reserve for the giant Sunriver Estates housing project.

All three men face trial in Victoria in 2009 and Basi's lawyer Michael Bolton has dismissed the allegations against his client, saying an aide in the Finance Ministry couldn't influence ALR decisions.

The now 41-year-old Basi also apparently avoided other possible charges. Defence lawyers alleged in court that Basi had two $10,000 private contracts with the B.C. Liberal Party for "media monitoring" -- a misleading term which appears to have covered many political dirty tricks.

Basi allegedly organized phoney callers to radio talk shows and phoney protests, including one counter-protest against anti-farmed salmon environmentalists and another outside the 2003 B.C. Federation of Labour convention.

However, the dirtiest political trick never happened. Defence lawyers alleged in court that Basi had planned to have a load of manure dumped at the home of B.C. Fed president Jim Sinclair, but that it never occurred.

Basi and Virk's defence is that they were under orders from political higher-ups to do whatever necessary to keep OmniTRAX in the bidding.

The defence alleges that included offering the firm a "consolation prize" of the $70 million B.C. Rail Roberts Bank spur line, a deal the defence says was approved by Collins himself. Collins has strongly denied that allegation.

Aneal BASI. Accused, ex-B.C. government.
The least known of the three accused is an ex-government junior Transportation Ministry public affairs officer who is charged with money laundering for alleged accepting of payments from former provincial lobbyist Erik Bornmann -- now the key Crown witness -- for his cousin David Basi.

Police allege that Bornmann paid Aneal Basi through his company Pacific Public Affairs Corporation for "contract writing services" and then passed equal amounts on to David Basi.

The 28-year-old Basi was appointed to his position in July 2002, has been a federal Liberal Party donor and is a former member of Canada's national field hockey team.

BC MARY. Media.
The indefatigable proprietor of the only website exclusively devoted to the Basi-Virk case. BC Mary's blog -- The Legislature Raids -- is the repository of hundreds of thousands of words on the case, including links and excerpts from media reports going back to 2003 and original reporting, plus BC Mary's own unique takes on the case.

From mainstream media stories to conspiracy theories, it's a one-stop shop for Basi-Virk aficionados. BC Mary is known by her blog name only.

Elizabeth BENNETT. B.C. Supreme Court presiding judge.
Justice Bennett is a former defence lawyer who has handled several high-profile B.C. cases, most notably the trial of former B.C. premier Glen Clark and the extradition to the United States of John Graham, the native activist charged with the murder of American Indian movement member Anna Mae Pictou Aquash.

Bennett has been frustrated repeatedly by delays in the trial, exclaiming at one point, "As long as everyone understands we're not moving the Dec. 3 date -- if I have to sit here in an empty courtroom myself, the matters are going to be heard."

Of course, that date was Dec. 3 in 2007, not 2008, and the trial is still many, many months away despite Bennett's repeated efforts to get underway.

Bill BERARDINO. Special prosecutor.
Berardino is a veteran lawyer who became special prosecutor in December 2003. Berardino has decades of experience as a top commercial litigator and has represented diverse clients, including Imperial Tobacco in its fight with B.C. and other provincial governments over the recovery of medical costs due to smoking-related illnesses.

But Berardino does not have criminal courtroom experience, leading to some criticism that his appointment as special prosecutor by the attorney general's ministry was a mistake.

Michael BOLTON. Defence lawyer.
Bolton represents David Basi and is a veteran criminal lawyer and former journalist. Bolton acts as spokesperson for the defence lawyers outside court and has been involved in many high profile cases, including representing Svend Robinson when he pled guilty to theft charges after the former New Democrat member of parliament swiped an expensive ring at an auction.

Bolton, who holds a Queen's counsel or QC, shows a gentlemanly demeanour in court, which often disguises the razor blade in his boxing gloves when he wants to drive home a point.

Erik BORNMANN. Key Crown witness, ex-lobbyist.
Bormann is a former provincial lobbyist and one-time aide to former Liberal prime minister Paul Martin when he was finance minister, and is now the star witness against David Basi, Bob Virk and Aneal Basi.

Police search warrant "information to obtain" documents allege that Bornman and Kieran paid Basi and Virk nearly $30,000 in exchange for confidential information on the B.C. Rail deal.

It is also alleged that Aneal Basi laundered payments from Bornmann for David Basi.

The controversial Bornmann earned the nickname "Spiderman" after entering a locked room in the B.C. offices of the Liberal Party of Canada through the ceiling. Bornmann later told staff that his bag had been locked inside and he needed it. But the room also contained the B.C. membership list during the time of the leadership battle between Martin and Jean Chrétien.

Bornmann and Pilothouse Public Affairs partner Brian Kieran -- the former Province newspaper political columnist -- were the registered provincial lobbyists for OmniTRAX, the US-based rail company that was bidding for B.C. Rail against eventual winner CN Rail and CP Rail, which dropped out of the bidding because of what it said was a "clear breach" of fairness in the process due to other bidders receiving confidential information.

In addition to OmniTRAX, Bornman was active in B.C. government relations as a registered lobbyist for the Employers Forum of B.C., the Council of Forest Industries, the Western Canadian Shippers Coalition, the Broe Companies, Inc. (owners of OmniTRAX), the B.C. Real Estate Association, Famous Players, the Certified General Accountants Association of B.C. and Cap Gemini Ernst & Young, according to the B.C. government's lobbyist web site.

In 1999, Bornmann was a key organizer for a Victoria federal Young Liberal convention that turned into a drunken hotel-trashing. Traveller's Inn president John Asfar sued the Liberal party for $10,000 in damages but settled out of court.

Surprisingly, Bornmann and Kieran continued lobbying for a period of time after the B.C. legislature raid. Bornmann also attended the University of B.C. law school.

Since graduating from UBC, Bormann has tried to become a lawyer in both Ontario and New York, but the delays in his testimony as the Basi-Virk star witness have ensured that his legal career is at best on hold pending the trial.

Roy BORNMAN. Federal Liberal party.
Brother of Erik Bornmann, Roy spells his name with just one "n" and has been the Liberal Party in B.C.'s executive director, a federal government communications director and a backer of former prime minister Paul Martin's leadership campaign. More recently, the communications consultant supported Liberal MP and hockey goalie great Ken Dryden in the last leadership contest.

Martyn BROWN. B.C. government, possible witness.
Brown is Premier Gordon Campbell's longtime chief of staff and as such might be called by the defence to testify about allegations that political staff in the premier's office worked with David Basi and others to execute political dirty tricks, such as organizing fake protests at the B.C. Federation of Labour convention and stacking radio talk-show callers to support B.C. Liberal guests and attack opponents.

Brown might also have to testify about what role Campbell and his former deputy minister Ken Dobell played in dealing with disclosure of government documents requested as evidence by the defence.


And that's just one letter out of 26, which tells you something about the cast of characters involved.

So, set your PVR's and, hopefully, by this time next year we will actually have some some new, not to mention major and hopefully meaningful, plot developments.

OK?

_____
In addition to BC Mary, another private citizen/non-pro who deserves mentioning, Robin Mathews, shows up in the 'M's with this entry from Mr. T.: "The retired Canadian studies professor is a regular observer at the B.C. Supreme Court pre-trial hearings and writes website reports for BC Mary's blog and Vive Le Canada. Mathews tends towards the view that the courts are doing a terrible job with this case -- he has written to Justice Elizabeth Bennett to complain on occasion -- and is more impressionistic than reportorial in his postings, but a good read nonetheless and always a dapper and amiable fellow at court....." I actually have to take Mr. T. to task for this one for an omission because it was Mr. Mathews' letter to Judge Bennett that resulted in a raising of the veil of secrecy shrouding the proceedings such that considerable material has since been subjected to some public (if not pro-media) scrutiny (ie. material like this).
As for the letter 'G' in Mr. T's Lexicon....well, shucks..... although I must point out that I am most definitely NOT a member of the 'media'. And for anybody drifting over from Mr. T's Tyee piece, here's the Bobby Orr bit Bill was referring to. If, instead, you're actually interested in what I've had to say about RailGate itself, the following are a couple of good starting points.

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