Pubdate: Sat, 03 Jan 2004
Source: Ottawa Citizen (CN ON)
Copyright: 2004 The Ottawa Citizen
Contact:  http://www.canada.com/ottawa/ottawacitizen/
Details: http://www.mapinc.org/media/326
Author: Lori Culbert, The Vancouver Sun
Bookmark: http://www.mapinc.org/topics/organized+crime

POLICE CAN'T YET EXAMINE EVIDENCE FROM B.C. RAIDS

VANCOUVER -- Evidence seized from the B.C. legislature in police raids
last weekend may be "protected by cabinet privilege" and it could be
another two weeks before police can even look at it, prosecutors said
in court yesterday.

As a result, the search warrants used to obtain that evidence should
be sealed to protect "innocent persons" named in them until police can
review the evidence, special prosecutor William Berardino told B.C.
Supreme Court Associate Chief Justice Patrick Dohm.

Justice Dohm adjourned a media application to unseal the warrants
until Jan. 14, to give prosecutors time to agree on a protocol for
determining what evidence can be viewed.

A lawyer for CanWest News Service argued against sealing the warrants,
saying the public has an overwhelming right to know details of the
case.

The police raids took place Sunday at the offices of Dave Basi, a
ministerial assistant to Finance Minister Gary Collins, and Robert
Virk, an assistant to Transportation Minister Judith Reid. Dozens of
boxes of documents from the aides' offices were carted away by police.

Mr. Basi was fired and Mr. Virk suspended with pay. Both are Liberal
party activists, but neither has been accused of any wrongdoing.

As part of the same investigation, police also searched several
private homes and businesses on Sunday. One raid was at the home of
federal Liberal fundraiser Bruce Clark, brother of Education Minister
Christy Clark.

Police said the raids were part of an investigation that arose out of
a separate 20-month probe into drugs and organized crime in B.C. The
evidence seized from the legislature was delivered directly to the
B.C. Supreme Court, and remains there in sealed boxes.

Mr. Berardino argued yesterday that keeping the search warrants under
similar lock and key is "manifestly appropriate."

"The public in these circumstances has the clear overriding interest
in the proper administration of justice," he said.

But lawyer Barry Gibson, representing CanWest News Service, argued
that prosecutors must prove specific harm will be done if the search
warrants are unsealed.

Mr. Gibson said an October, 2003 ruling in the Ontario Court of Appeal
"made it clear that you must have specific and compelling grounds for
suggesting that disclosure of information will interfere with an
ongoing investigation."

He also said the public has an overwhelming right to know some details
about this complex case. And he asked how citizens can have confidence
in the government.

"We have raids at the legislature. We have police officers at press
conferences making reference to money laundering," Mr. Gibson said.
"We have rumours about B.C. Rail. We have ties to federal Liberals,
and no one knows what is going on."

Mr. Gibson had not seen Crown documents requesting the warrants be
sealed, but was told of the general nature of the arguments.

Meanwhile, Mr. Clark has said he is not a suspect and that police had
not told him what they were looking for or what was taken.
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MAP posted-by: Larry Seguin