LEGISLATURE-RAID CASE IS TAKING FAR TOO LONG

The delays surrounding the trial of three men accused of breach of
trust after the police raided the B.C. legislature on Dec. 28, 2003,
should outrage all clear-thinking British Columbians.

David Basi, former ministerial aide to then-finance minister Gary
Collins; Bobby Virk, aide to Judith Reid, former transportation
minister and Nanaimo-Parksville MLA; and Aneal Basi, a former
government communications staffer, have had a cloud of suspicion
hanging over their heads for more than five years without the
opportunity to clear their names in a trial.

As a society, we have progressed enough to realize that three lives
must not be kept on hold until the police and Crown can come up with a
plausible case against those accused of crimes. The Supreme Court of
Canada had the final word on the matter when it brought down its
decision known as the "Askov decision."

And that is why Nanaimo MLA Leonard Krog is rightly concerned that the
three accused may never be able to clear their names in a court of
law.

Five years after the raid on the peoples' house, the trial of Virk 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 decision, which
found that an accused cannot be held in legal limbo indefinitely
without going to trial, Krog said: "I think there is a strong
possibility that this case may never go to trial."

Not only is there a cloud over the three men charged in connection to
the sale of B.C. Rail to CN Rail, there is a more ominous cloud
hanging over this country's justice system, which allows a travesty
like this to occur. Serious allegations were made at the time of the
raid of Basi and Virk's office. One RCMP spokesman said it was related
to drugs and organized crime. Criminal activities had become "a cancer
on the social and economic well-being of British Columbians," said
Sgt. John Ward.

The inference, taken by many, was that organized crime had infiltrated
the legislature.

The entire incident it later turned out surrounded allegations of
corruption concerning the government's multi-million dollar
disposition of B.C. Rail. It is precisely because of that B.C.
residents should be outraged along with the delays of bringing the
three accused men to trial.

B.C. Rail was a government asset belonging to all provincial
residents.

Through preliminary court proceedings and information obtained from
search warrants it has been revealed police thought a lobbyist paid
David Basi more than $20,000 for information and to steer clients to
his company. They also reveal payments allegedly involving the
government's plan to sell B.C. Rail to OmniTRAX, a Denver-based bidder
for the railroad. Was the B.C. Rail sale tainted by bribery and
apparent influence-peddling? British Columbians have the right to know.

The special prosecutor handling the case at arms' length from any
influence of the provincial government has put roadblock after
roadblock in front of this case ever going to trial. The latest is the
prosecutor's desire to bring in a secret witness to testify before
Justice Bennett without defence counsel being present. This, as NDP
attorney general critic Krog rightly points out, is not only unusual
but flies in the face of hundreds of years of British jurisprudence.
It really is "star chamber" material and defence counsel was right to
protest the prosecutor's wishes. That decision now rests with the
Supreme Court of Canada.

Let us hope the learned justices bring down their decisions quickly.