Defence bid to see insiders documents quashed
Stephen Smart, ctvbc.ca
Published Monday, September 14, 2009 12:12PM PDT
A B.C. Supreme Court judge has dismissed a defence application by three former B.C. government aids for access to personal records belonging to Liberal Party insider, Patrick Kinsella.
Kinsella twice co-chaired BC Liberal election campaigns and was a consultant for BC Rail in the lead-up to the former Crown Corporation being sold to CN Rail. The defence contends Kinsella was key player in the sale. They wanted the documents to determine whether he may also have been working for the buyer.
In her ruling, Justice Elizabeth Bennett said, "a third party has no legal obligation to assist an accused."
But she added that the trial is still a long way away and that the defence could re-submit their application if further evidence surfaces.
Speaking outside court, lawyer Michael Bolton said he was disappointed by the decision, noting that Kinsella's documents and evidence will be required at trial.
"The defence continues to view Kinsella as a key figure in the matter," Bolton told reporters. "The defence will bring up this issue again with the new trail judge."
Today marked the last appearance by Justice Bennett in this matter. She's been appointed to the B.C. Court of Appeal and is being replaced on the case by Justice Anne MacKenzie.
Dave Basi, Bob Virk and Aneal Basi were charged following the December 2003 raid on the B.C. Legislature. Bob Virk was an aid to former Transportation Minister Judith Reid and Dave Basi was Ministerial Assistant to former Finance Minister, Gary Collins. The pair is charged with fraud and breach of trust in connection to the sale of BC Rail.
Aneal Basi, a former communications officer, is facing charges of money laundering.
Despite the time elapsed, the case remains bogged down preliminary arguments. There's no word on when the actual trial will finally begin.