JUDGE URGED TO UNSEAL SEARCH WARRANTS

B.C. Legislature Raid: Evidence May Be Protected By Cabinet Privilege

VANCOUVER - Evidence seized from the B.C. legislature in police raids
last weekend may be "protected by Cabinet privilege" and it could be
another two weeks before police can even look at it, prosecutors said
in court yesterday.

As a result, the search warrants used to obtain that evidence should
be sealed to protect "innocent persons" named in them until police can
review the evidence gathered, special prosecutor William Berardino
told B.C. Supreme Court Associate Chief Justice Patrick Dohm.

Judge Dohm adjourned a media application to unseal the warrants until
Jan. 14, to give prosecutors time to agree on a protocol for
determining what evidence can be viewed.

A lawyer for CanWest News Service argued against sealing the warrants,
saying the public has an overwhelming right to know details of the
case.

The police raids took place on Sunday on the offices of Dave Basi, a
ministerial assistant to Gary Collins, the B.C. Finance Minister, and
Robert Virk, an assistant to Judith Reid, the Transportation Minister.
Dozens of boxes of documents were carted away from the aides' offices
by police.

Mr. Basi was fired and Mr. Virk suspended with pay. Both are Liberal
party activists but neither has been accused of any wrongdoing.

As part of the same investigation, police also searched several
private homes and businesses on Sunday. One raid was at the home of
federal Liberal fundraiser Bruce Clark, a brother of Christy Clark,
the B.C. Education Minister.

Police said the raids were part of an investigation that arose out of
a separate 20-month probe into drugs and organized crime in British
Columbia.

The evidence seized from the legislature was delivered directly to the
B.C. Supreme Court, and remains there in sealed boxes.

Mr. Berardino argued yesterday that keeping the search warrants under
similar lock and key is "manifestly appropriate."

"The public in these circumstances has the clear overriding interest
in the proper administration of justice," he said.

But lawyer Barry Gibson, who represents CanWest News Service, argued
that prosecutors must prove specific harm will be done if the search
warrants are unsealed.

Mr. Gibson said an October, 2003, ruling in the Ontario Court of
Appeal "made it clear that you must have specific and compelling
grounds for suggesting that disclosure of information will interfere
with an ongoing investigation."

He also said the public has an overwhelming right to know some details
about this complex case. And he asked how citizens can have confidence
in the government.

"We have raids at the legislature. We have police officers at press
conferences making reference to money laundering," Mr. Gibson said.
"We have rumours about B.C. Rail. We have ties to federal Liberals,
and no one knows what is going on."

Mr. Gibson had not seen Crown documents requesting the warrants be
sealed, but was told of the general nature of the arguments. They
include safeguarding the integrity of the police investigation,
protecting innocent people and concerns about informants, he said.

"While my clients do not want to prejudice an ongoing investigation,
they do believe that the public has a right to know what these
investigations entail," he said.

Mr. Berardino said it will take about two weeks to work out a protocol
on viewing the evidence.

Mr. Basi's lawyer, Chris Considine, said in court yesterday that his
client is eager to clear his name and his reputation as quickly as
possible, but was agreeable to the Crown's request to delay the
hearing until mid-January to protect the "rights and privacy
interests" of those named in the warrants.

Mr. Virk's lawyer, Kevin McCullough, also agreed.

Lawyer Michael Skene, representing television and other newspaper
interests, urged Judge Dohm to make the same ruling as he did in 1999,
when reporters wanted to see the search warrants used in connection
with the raid on the home of former NDP premier Glen Clark.

At that time, Judge Dohm ruled an edited version of the search
warrants could be released, a compromise to protect the investigation
and to inform the public.

"They are remarkable circumstances. There is tremendous public
interest [in this case]," Mr. Skene told the judge.