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News (Media Awareness Project) - CN BC: B.C. Judge Delays Media Bid To Unseal Search Warrants
Title:CN BC: B.C. Judge Delays Media Bid To Unseal Search Warrants
Published On:2004-01-03
Source:Globe and Mail (Canada)
Fetched On:2008-01-19 01:35:06
B.C. JUDGE DELAYS MEDIA BID TO UNSEAL SEARCH WARRANTS

VANCOUVER -- The mystery surrounding a massive drug and organized-crime
probe in British Columbia has deepened after a judge delayed a bid to
unseal the search warrants used in a series of unprecedented raids on the
B.C. Legislature last weekend.

Lawyers for several media outlets, including The Globe and Mail, asked for
access to the warrants the RCMP used to get permission to raid the offices
of two top B.C. cabinet ministers' aides and five other businesses and
homes in Victoria and Vancouver.

Police said the raids were part of an investigation that arose from a
20-month probe into drugs and organized crime.

But apart from assuring the public that no elected officials are involved,
police have said little else, prompting a torrent of speculation,
especially since police have targeted people with links to the federal
Liberal Party.

RCMP obtained the search warrants on Christmas Eve and asked that they be
sealed, arguing that publicizing the contents could compromise the
investigation and hurt innocent people.

Yesterday, B.C. Supreme Court Associate Chief Justice Patrick Dohm
adjourned the media application to Jan. 14, but said he might not deal with
the matter then.

Special prosecutor William Berardino told the judge that police have not
yet seen the material seized because it may contain cabinet material and is
therefore privileged. Police and government are attempting to draw up a
protocol as to what can be viewed.

The court ruling means it could be weeks before any more light is shed on
the perplexing case.

On Sunday, police raided the offices of David Basi, who was ministerial
assistant to Finance Minister Gary Collins, and Robert Virk, an assistant
to Transportation Minister Judith Reid.

Premier Gordon Campbell, who is vacationing in Hawaii, responded by firing
Mr. Basi and suspending Mr. Virk from their provincial government jobs.

But it is the ties to the federal wing of the Liberal Party that have
piqued the interest of observers.

Police on Sunday seized documents from Mark Marissen, who was campaign
chairman in B.C. for Paul Martin's leadership bid. He is married to B.C.
Deputy Premier Christy Clark.

Another search warrant was executed at the home office of Bruce Clark,
chief fundraiser for the B.C. wing of the federal Liberals. Mr. Clark is
the brother of Ms. Clark but, apart from that, has no connection to the
provincial Liberal government.

Mr. Basi and Mr. Virk were both active in the federal wing of the Liberal
Party, volunteering on campaigns and signing up members.

In an interview, Mr. Clark said he has co-operated with police and was told
he is not a suspect.

He said RCMP phoned him Sunday while he was out of town asking to search
his office. He arranged for someone to unlock his office and said he would
co-operate. "I said if you need to know where anything is, just call me and
I'd be happy to direct you to it over the phone. And they didn't call me."

Mr. Clark returned to Vancouver on Thursday. He would not say what police
took from his office. "I'm not going to say much more than that."

Police also visited the home office of Erik Bornman, who is on the
executive of the federal wing of the B.C. Liberal Party.

Meanwhile, a Liberal organizer has defended Mr. Basi and Mr. Virk, saying
media reports have been biased and could permanently damage their reputations.

Amar Bajwa, who was a B.C. organizer for Mr. Martin's leadership campaign,
said he has known Mr. Basi since high school, when they both played in the
same field hockey league. Mr. Basi was a mentor for many young
Indo-Canadians in Victoria and urged them to get involved in their
communities and politics. He said he can't imagine either man involved in
drugs or organized crime.

"That is just so far-fetched I don't know whether to laugh or cry," Mr.
Bajwa, 25, said. "That's just so completely far-fetched."

In court, lawyers argued that the public has the right to know why police
raided the provincial legislature. Michael Skene, who represents CTV and
The Globe and Mail, suggested a compromise, urging the court to release a
summary of the information used to obtain the warrants, one that provides
some of the background facts, but doesn't name names.

"Right now, there's nothing but rumours abounding and the summary would
give an indication of what crimes are being investigated, some background
facts that police had."
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