Coverup for Canadian politician becoming unglued

The trial of former B.C. government aides Dave Basi, Bob Virk and Aneal Basi took a controversial twist this week when the judge in the case slammed the prosecution for failing to disclose evidence. The three men are on trial for fraud, bribery and breach of trust in the wake of the Dec. 28, 2003 raid on the provincial legislature.

B.C. Supreme Court Justice Elizabeth Bennett, growing impatient with defence and prosecution arguing over the disclosure of documents, ordered the full and complete disclosure of “every piece of paper” related to the case. Bennett gave the Crown until June 30 to disclose “all photos, videos or other information relating to” the RCMP’s surveillance of former Finance Minister Gary Collins’ meeting with officials from OmniTRAX, one of two unsuccessful bidders on the project.

The defence alleges that OmniTRAX officials felt the BC Rail bidding process was deeply flawed and demanded a “consolation prize” as compensation.

The RCMP have said that neither Collins nor any other elected officials were under investigation in the case, but have yet to disclose the evidence gathered during Collins’ meeting with OmniTRAX. A notice of application for disclosure filed in B.C. Supreme Court in February alleges that Dave Basi, Collins’ ministerial assistant at the time, was acting on orders from his boss.

Police and prosecutors have yet to provide documentation outlining why Collins was not considered a suspect, a sore point with both Bennett and defence lawyers for Basi, Virk and Basi. The disclosure application lists hundreds of documents that were either withheld or “provided in a vetted form.”

The defence has also been clamouring for transcripts of wiretapped conversations between Dave Basi and Victoria area associates that were under investigation for drug trafficking in the fall of 2003.

Known as Project Everywhichway, the investigation that led police to Dave Basi began as a probe into drug-trafficking, money-laundering and organized crime. In November 2003, the case shifted focus when police intercepted calls suggesting criminal wrongdoing in the BC Rail deal.

Bennett told the court Monday that ordering full disclosure of evidence is the only way “to ensure no miscarriage of justice will occur.” However, some observers have suggested that investigators and prosecutors have mishandled the vetting of evidence badly enough to cause a mistrial.

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