Closing arguments continue in case of former legislature clerk accused of fraud, breach of trust

Special Prosecutor Brock Martland wrapped up the Crown’s final submissions at B.C. Supreme Court on Wednesday morning in its case against the former clerk of the legislature.

Martland told Associate Chief Justice Heather Holmes that Craig James “took advantage of his most senior position” and “fundamentally and repeatedly breached trust” of the public by allegedly using public funds to pay for personal expenses.

James has pleaded not guilty to two counts of fraud over $5,000 and three counts of breach of trust by a public officer. He’s accused of approving a $258,000 retirement benefit for himself, and purchasing a $3,200 wood splitter and $10,000 cargo trailer for personal use.

His travel expenditures are also in question.

Martland outlined Craig’s use of public funds to purchase travel luggage while on several trips overseas and to the United States, saying James did not provide any work-related justification for buying the suitcases.

He also listed a number of souvenirs purchased overseas that the Crown argued had no business purposes. There’s also evidence of James buying shoes, a suit and multiple collared shirts that the Crown argued did not qualify as work expenses.

Associate Chief Justice Holmes questioned whether James had the intention of acting fraudulently when making some of the purchases.

Martland asked the judge to look at the cumulative effect of the purchases, adding up to thousands of dollars over several years, as overspending by a well-compensated senior public official who knew better.

The Crown argued James’ actions were more than just an occasional mistake resulting in workplace misconduct, but rather the criminal standard for fraud and breach of trust had been met.

James first made headlines in November 2018 when he and the former sergeant-at-arms were escorted out of the legislature following an internal investigation launched by then-House Speaker Darryl Plecas. The investigation found multiple instances of questionable spending on items such as souvenirs, luggage and clothing.

In the defence’s final arguments, James’ lawyers said the Crown is trying to “rewrite history” and paint the former clerk as a criminal.

Defence lawyer Gavin Cameron said the criminal allegation of breach of trust requires proof of corruption, which he says the Crown has failed to show.

Cameron also said the public widely views the case as the “infamous wood splitter trial,” where the former legislature clerk purchased a wood splitter “and chopped lumber to his heart’s content.”

However, Cameron argued, the witnesses who testified during the month-long trial negate this story. He said James had no use for a wood splitter and only purchased it at the request of other senior legislature officials.

As for the $258,000 retirement benefit, James’ lawyers say he did not act alone. Instead, they contend James consulted a lawyer who advised him that he was entitled the payout.

Cameron suggested even if the court found James to have behaved unreasonably or improperly, it would not prove beyond reasonable doubt his actions were motivated by corruption and deceit, which he says would be necessary for a fraud or breach of trust conviction.

Cameron noted a substantial proportion of James’ expenses were approved by former Speaker Plecas and former sergeant-at-arms Gary Lenz. With neither of them testifying during the trial, Cameron said there’s no way of proving they were deceived by James.

Defence’s closing submissions are expected to wrap up on Thursday.

James did not testify at the month-long, judge-only trial. He first started working at the legislature in 1987, taking over as clerk in 2011 until his resignation in 2019.