MLA FEARS RAID CASE WILL BE NIXED

Five Years After Being Charged, Three Men Have Yet To Go To
Trial

Nanaimo MLA Leonard Krog fears the case that began as an unprecedented
raid on the B.C. Legislature in December of 2003 may be dismissed
before the trial of three men charged in the incident even begins.

On Dec. 28, 2003, police searched the legislature offices of two
political aides to a pair of provincial cabinet ministers.

At that time an RCMP spokesman said the investigation was linked to
drugs and organized crime. The implication being that organized crime
had gained a foothold in the legislature.

David Basi, a ministerial aide to then-finance minister Gary Collins
was fired, as was Bobby Virk, ministerial aide to Judith Reid, former
transportation minister and Nanaimo-Parksville MLA.

Basi and Virk were later charged along with Aneal Basi, a government
communications staffer, with breach of trust in connection with the
sale of B.C. Rail to CN Rail.

Now five years later, the trial of Birk and the Basis has not started
despite B.C. Supreme Court Justice Elizabeth Bennett's assertion that
"the public interest in having this case heard outweighs just about
everything else."

Krog, the NDP's Attorney General critic, said "it is pretty remarkable
to have any criminal case go on for five years in hearings and not to
proceed to trial."

Referring to the landmark Supreme Court of Canada Askov decision,
which found that an accused cannot be held in limbo indefinitely
without going to trial, Krog said: "I think there is a strong
possibility that this case may never go to trial."

"It's absolutely mind boggling that after five years, we still don't
have a confirmed court date," he said.

British Columbians deserve to know what happened when Gordon Campbell
reneged on his pre-2001 election promise not to sell B.C. Rail, Krog
said.

"They (the B.C. Liberals ) can call it a 99-year lease but it was a
sale," he said. "All this happened after Campbell had promised not to
sell B.C. Rail.

"That was a public asset and as such British Columbians should know
all the details regarding the sale. This isn't a private business dealing."

He also said he believes the premier broke another
promise.

"Campbell promised full co-operation and disclosure but both he and
the Attorney General, have refused to answer any question regarding
this case, which involves the sale of a public asset, legislature
saying it is before the courts."

And now the special prosecutor has petitioned the Supreme Court of
Canada to allow a closed courtroom for a "secret witness" without
defence counsel being present. Krog calls that request
"outrageous."

The country's top court won't hear arguments concerning the secret
witness until April and nobody knows when its decision will be released.

Krog said it seems "convenient" because this will further delay the
trial and the next provincial election is scheduled for May 12.

Virk and the Basis have now spent five years with suspicions
surrounding them not being addressed by the courts. They have never
wavered in their declaration of innocence but preliminary hearings
have repeatedly been delayed.