JUDGE REFUSES TO UNSEAL LEGISLATURE RAID WARRANTS

Liberal Party Seeks Relief From 'Wild Speculation, Innuendo'

A judge on Thursday rejected a plea from the Liberal party of Canada
to unseal the warrants used by police to raid the legislature,
delaying release of information in the warrants at least until early
March -- about the same time the prime minister is expected to call a
federal election.

Police executed nine search warrants on Dec. 28 as they conducted two
linked investigations: one a political breach-of-trust probe, and the
other involving drugs and organized crime.

The public could find out as early as today what is in five search
warrants executed in the drug case.

Lawyer Irwin Nathanson argued in court that keeping sealed the
warrants used to search the legislature continues to affect the
federal Liberals, the B.C. government and other "individuals."

"There is a critical mass of wild speculation and innuendo that is
harmful to my client and the political process of the country,"
Nathanson said. "Fundamental freedoms are being impinged."

Nathanson joined media lawyers in court arguing a "cloak of secrecy"
should be removed from warrants used to search or visit offices at the
legislature, the home offices of several people with ties to the
federal Liberals, and other premises.

Federal prosecutor Johannes Van Iperen is prepared to release the
documents, but lawyers representing four people named in the warrants
are to argue today that their clients' identities should be protected.

But even if the drug warrants are made public today, all details about
wiretaps and informants will be edited out. And the documents are
expected to contain few, if any, facts that could shed light on the
legislature-raid case.

B.C. Supreme Court Associate Chief Justice Patrick Dohm will not
consider releasing the second set of search warrants until March 2, at
the earliest, to give the RCMP time to go through evidence seized from
the legislature offices of ministerial assistants Dave Basi and Bob
Virk.

The delay was not good news for Nathanson. If the information is
released in the spring, it could coincide with the launch of the
federal election.

"If my submission has any merit, it speaks to the immediate and
constitutional right to disclosure," Nathanson said in making one
last, unsuccessful pitch to Dohm. "The sealing orders should be set
aside now."

Nathanson said the lack of information about the search warrants --
which were issued and sealed by Dohm Dec. 24 -- has led some media to
speculate the federal Liberals could be linked to money laundering or
other illegal activity. Other pundits and political observers have
suggested Prime Minister Paul Martin should delay the election until
questions are answered.

Dohm said he had some sympathy for Nathanson's position, but did
nothing Thursday to reduce the pressure on the federal Liberals.

The Liberals and other affected parties should prepare for many
delays.

David Harris, appearing on behalf of the special prosecutor handling
the legislature-related case, said it could be another four months
before police conclude their investigation.

In the drug case, federal prosecutor Peter Hogg said it could be two
months before charges are laid.

And lawyer Robert Mulligan plans to try to further delay the release
of the drug warrants, by arguing before Dohm today that the name of
his client -- who is listed in the warrants, but whom he refuses to
identify -- should be protected.

His argument will be based on ensuring the court doesn't "prejudice
the interests of an innocent person," said Mulligan, who will appear
by teleconference from Victoria for the hearing.

Victoria lawyer Chris Considine, who represents Basi, is expected to
make a similar argument today. His client has been fired from his job
as Finance Minister Gary Collins' ministerial assistant.

Victoria lawyer Peter Freeman represents two mystery clients who are
named in the warrants, but were not identified in court.

A fifth person named in the drug warrants has the last name Sandhu,
but Van Iperen said in court that person's lawyer takes no position on
his name being made public.

The media has already reported that police raided the Victoria home of
Mandeep Sandhu as part of the drug investigation. Basi had arranged
for Sandhu to sit on the riding executive of a federal Liberal riding,
and he is related to a Victoria police officer who has been suspended
from his job because of links to this case.

Victoria lawyer Kevin McCullough said his client Virk, who has been
suspended from his job as Transportation Minister Judith Reid's
ministerial assistant, was not named in the drug warrants.

Van Iperen also noted in court that another search warrant -- approved
by a different judge and unrelated to his drug case -- was issued Dec.
28 at a Vancouver Island home where police found a marijuana-growing
operation.

The house is owned by Basi, although Considine has said his client
didn't know about the pot.

The developments of the day were frustrating for media lawyers, who
argued unsuccessfully that other attorneys in court should identify
their mystery clients. Lawyer Barry Gibson, who represents The
Vancouver Sun, said attorneys representing the media should get to
look at the drug warrants so they can respond today to the arguments
of Mulligan, Considine and Freeman. Dohm disagreed.

In all, 15 lawyers appeared before Dohm Thursday.

Thirty-three boxes of documents and electronic material were seized
from Basi and Virk's offices, and most are now in the hands of police.
Dohm said prosecutors just finished going through the boxes after
working out a protocol to determine if any documents were protected by
cabinet secrecy or solicitor-client privilege. Seventy-eight packets
of information were deemed to be privileged, but Dohm examined them
and determined they were "completely irrelevant" to the court case.