Good Bye and
When it was announced, shortly after our imaginary/issue free election that Justice Elizabeth Bennett was to be elevated to the BC Court of Appeal and the Patrick Dohm was of the opinion that not only did she have to abandon the ongoing travesty of justice that has been the BC Rail Trial but that he already had her replacement all picked out, I thought it was just one more affront to the people of BC. It had all the earmarks of an election victory gift from Stevie Harper to his brother in the neo-con blood, Gordo the Greedy.
But after the second ruling in a row that makes Bennett appear to be representing the interests of Mr. Kinsella more than those of justice or the people of BC I find it hard to discount the notion that no new judge could do worse on this case. My only thought about incoming Justice MacKenzie is that with her background in family (not criminal) law, her talents might be better utilized in sorting out our dear leder's complex family matrix, than a complicated case involving alleged criminal acts and complex business dealings after five years of evidence accumulating in the fashion of Chinese Water Torture.
photo - probably originally black and white and colourized by hand
I find it fascinating how shadowy are certain major players in the ongoing crime spree that we refer to as the BC liaR administration. Searching online for pictures of people like Lara Dauphinee, Ken Dobell, (in)Justice Elizabeth Bennett and Patrick Kinsella yield little or nothing. I have only seen three pictures published of Mr. Kinsella and unless I go to court (Appeal Court now) I will never have any idea what Elizabeth Bennett looks like. Earlier this spring we all went batty trying to find a photo of the elusive, but influential, Lara Dauphinee, apparently the true first lady of BC, both politically and in the black heart of Herr DickTater Gord. For this post though, maybe the photo of Mr. Kinsella at Hastings Park racetrack would have been more appropriate as it would be symbolic of the perfect tri-fecta that seems to be Mr. Kinsella.
There appears to be no doubt that Mr. Kinsella has worked for the Liberal Party of BC and Gordo the Greedball, BC Rail AND CN. Indeed the only question is did he actually work for all three or two of the above at the same time? It is accepted and not even denied that he ran the Gord campaigns in 2001 and 2005, and there is little doublt that he received $6,000 per month for almost three years from BC Rail for ???? Then in documents that have been painfully extracted through the constipated process that is disclosure in this trial there are numerous references to a relationship between CN and Mr. Kinsella. It seems very likely that we have here a double-or-triple dipper and what would appear to be an extremely high probability of conflict of interest SOMEWHERE. It is virtually indisputable that there is reasonable perception possible of conflict of interest - the threshold for further investigation in jurisdictions that are not banana republics with tin-pot dictators.
So for Justice Bennett to say (as Keith Fraser points out in the Province)
.... that the defence had produced nothing to prove that Kinsella played a major, political role in the sale.
is patently absurd after she had previously denied the defence the right to cross examine him. What would be sufficient to justify making him answer questions or produce documentation (both of which would erase the cloud of suspicion surrounding him, if indeed it is not deserved)? Would it be necessary to catch him, red handed, cashing pay cheques from the Liberally Lying Pary of BC, BC Rail AND CN at the same time. It is pretty hard to prove anything if you can't see any evidence or ask any questions of anyone in a position to know any answers. Of course then there is the issue of whether an oath means anything at all to people at a certain level of entitlelment and privilege.
From even deeper in Alice's rabbit hole, (according to the CTV website)
In her ruling, Justice Elizabeth Bennett said, "a third party has no legal obligation to assist an accused."
In just eleven words Madame Justice Liz manages to obfuscate, mislead and I think turn reality and justice on its head in more ways than I have the time to even contemplate. For starters the trial of Basi, Virk and Basi is ALL ABOUT the BC Rail deal, no matter how much Gordon Campbell would like us to believe otherwise. Mr. Kinsella AT THE VERY LEAST was consulting (or something!) for BC Rail during the time under examination here and BC RAIL WAS A PUBLIC ASSET at that time. Justice and the court system though framed in an adversarial process is SUPPOSED to be about truth and justice, and aside from the fact that I think it is a stretch to refer to Mr. Kinsella as a "third party" in this case, to testify or produce documents that even Justice Bennett herself at one time considered "likely relevant" is hardly "assisting the accused" as much as an effort to get at the truth of what happened. If the truth happens to help the defendants so be it. Of course the "Special Prosecutor" is supposed to represent the interests of the people of BC, not just the Premier of BC. We have to pay for all of the highly paid lawyers in this pretend trial/pre-trial so far - it would certainly seem only fair if AT LEAST ONE of them represented the interests of the public.
As Robin Matthews, the only person often in the courthouse for these hearings with the interests of the people of BC at heart, recently stated at BC Mary's, after Madame (in)Justice Bennett denied the defence request to cross-examine Mr. Kinsella:
In this case she might say the highly active Liberal, the clearly involved cabinet policy associate, the person employed to advise B.C. Rail, the twice election campaign manager for the Gordon Campbell forces cannot be deemed a private citizen in ordinary terms. To name him that would be an absurdity that no reasonable Canadian could accept.
So Goodbye Lizzie, don't let the door.........you know how it goes!