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CONTRIBUTION · 14th June 2010
Robin Mathews
A Corruption Trial in a Corrupt B.C. Supreme Court? A call to Associate Chief Justice Anne MacKenzie to cite this writer as being “in contempt of court”.

Canada and the world saw a hint of B.C.’s public corruption in the Robert Dziekanski killing by RCMP in Vancouver International Airport. First the world was given lies – all the way up the RCMP. Then the RCMP turned to “damage control”. Damage control will be the report by Mr. Justice Thomas Braidwood who is conducting the Robert Dziekanski “Inquiry”. “Damage control”. Depend on it.

Public corruption in British Columbia is huge – is everywhere. The“privatization” of B.C. Ferries was corrupt. Gordon Campbell’s U.S. CEO friend is now making $1,000,000.00 annually (on the books) at B.C. Ferries. Off the books, debt of the Ferry Corporation is enough to sink a battleship.

The corrupt “privatization” and sell-off of BC Gas – was completed by Gordon Campbell, folding the finish of BC Gas into a volume of omnibus legislation.

The corrupt “privatization” of BC Hydro – is lied about, manipulated, the corporation shredded, legislated into impotence. One third of BC Hydro – to sweeten the story – was handed (still secretly) to Accenture of the Arthur Anderson/ENRON gigantic U.S. energy corruption and collapse scandal. Accenture? Why Accenture? A story beyond belief.

Corruption is the B.C. (public) way of doing business: the sea-to-sky highway, bridges, river licenses … whatever. Name it. Name … almost anything.

Corruption was (and is) in the transfer of BC Rail to CNR – by lies, manipulation, “failure strategy” buddy pay-offs, organization of whole teams to build to the fraudulent transfer.

All of those major acts of corruption are supported by the mainstream press and media of British Columbia and Canada by avoidance, half-reporting, failure to investigate, complete abnegation of responsibility right up the ladder.

The corruption/BC Rail Scandal is huge. It is now in B.C. Supreme Court. It is, alas, probably in a corrupt court – as we shall see. First witness in the BC Rail Scandal/ Basi, Virk, and Basi trial is Gordon Campbell’s top political advisor and Chief of Staff, Martyn Brown.

Martyn Brown refuses - day after day – to remember almost anything about major policy, major initiatives, major strategies, major people, major associates. That tells all. By what at least some in the gallery of courtroom 54 have concluded, Martyn Brown’s failure to tell what he knows, what he remembers, points to a web of falsehood and deceit.

So deep is the corruption in the BC Rail Scandal alone, that Martyn Brown, it seems, can’t admit even to the purchase of a box of paper clips. That admission might lead to, say, evidence of an alleged secret meeting of Gordon Campbell, David McLean CEO of CN Rail, CEO of Rocky Mountain Line Peter Armstrong, and Ken Dobell, deputy minister of everything, to chop up the loot from BC Rail and distribute it to crony’s … before the railway was anywhere near being “sold”.

At this point, in the depths of corruption, Canadians may be asking – “where is the RCMP?”

The question – like a throbbing toothache – haunts the province. After the RCMP’s lies about Robert Dziekanski were revealed, people threw garbage at RCMP vehicles in Vancouver. We might ask why they stopped doing so.

Gary Bass, B.C.’s highest RCMP officer REFUSES to investigate any of the Gordon Campbell corruption. Gary Bass was a favourite of disgraced, dishonoured, and removed Guiliano Zaccardelli, national top RCMP cop. Zaccardelli put Bass where he is today. Gary Bass has his hand on the plug in the bathtub of corruption in British Columbia - a stewing mess of fraud, corruption, cronyism, and breach of trust. Gary Bass refuses to pull the plug.

Why won’t he do it? Ask him.

When I write that Associate Chief Justice Anne MacKenzie is “Gary Bassing”, I’m saying she’s willing to conduct a court that – by her intention or not – may well protect major wrong-doers in the story of corruption in British Columbia.

She cannot escape the allegation that she is culpable – that she is knowingly assisting a corrupt procedure. That means, if true, she is a corrupt judge.

“That’s nonsense”, say decent, law-abiding, well-intentioned Canadians. “She couldn’t be doing that because the mainstream press and media wouldn’t let her – our watchdogs of public probity would expose her! They would be on her like a pack of hungry wolves.”

That’s the grand, old-style view of “the press”. The new view is of the “press and media” as the very “private corporate capitalism” destroying – and intending to destroy – Canadian democracy as we have known it.

If Canadians want proof of the corruption of the mainstream press and media … it’s right there … right in courtroom 54 of the B.C. Supreme Court.

In December, 2003, William Berardino was appointed – in active violation of the Special Prosecutor legislation – as Special Prosecutor in the BC Rail Scandal matter. The present Basi, Virk, and Basi fraud, breach of trust and money laundering trial is the only criminal case to come out of BC Rail Scandal matters.

Of Special Prosecutors – only some weeks after Mr. Berardino was appointed – the Honourable Rich Coleman, Solicitor General, [reported in Hansard] said to the legislature that a Special Prosecutor is appointed in order “to insulate a case with the Special Prosecutor – so no minister of the Crown has any input into the preparation of the case”.

To that end, the Special Prosecutor should be completely free of connections – the legislation points out – with ministers, deputy ministers, high civil servants, police officers … and such like.

Mr. Berardino was for seven years a partner and colleague of the Attorney General, Geoff Plant, who appointed him. Mr. Berardino was for eleven years partner and colleague of Allan Seckel, Deputy Attorney General in the ministry. Mr. Berardino, in 2007, was placed in direct relation with Allan Seckel by Gordon Campbell (!) in the vetting of key cabinet documents sought by Defence counsel.

Mr. Berardino should not be permitted to remain as Special Prosecutor.

Every journalist in the mainstream press and media refuses to report those facts – which would force the removal of William Berardino. And so … Associate Chief Justice Anne MacKenzie can go on pretending she doesn’t know … pretending.

On two occasions, formally, I have informed her ladyship. On one of them, she acknowledged – through a Court officer – that she is fully informed about the terms of William Berardino’s unfitness to be in the courtroom. Neither she nor any Supreme court judge, nor the Attorney General of B,C, nor Stephen Owen a UBC vice-president appointed to review the Special Prosecutor appointment process, will say that William Berardino was properly (not improperly) appointed.

No lawyer who has discussed the matter with me will say anything less than that the improper appointment of William Berardino is very serious.

The brave and brazen press and media men and women who carry the torch of truth into the homes of British Columbians have reported … and ventilated … and shaken fingers because William Berardino (in 2005) gave a donation to the election campaign of Wally Oppal, successor to (the strangely withdrawing) Geoff Plant, Attorney General.

But those men and women refuse to report the information which makes William Berardino “unfit” to act as Special Prosecutor in this case.

Ask them why. Are they bribed? And, if so, how?

William Berardino is unfit to be in courtroom 54 of the Supreme Court of British Columbia because the conditions of his appointment place him in an untenable situation.

Whatever he does in relation to the BC Rail Scandal is tainted by the potential for the perception of bias, prejudice, and unreasonable alliance on his part. Or it is tainted because he has, in fact, bias, prejudice, and unreasonable alliance with his appointees – active operatives at work to support and achieve the ends of the Gordon Campbell forces.

There is no other possibility.

Some might say: “Oh, Bill Berardino’s a good lawyer, an honest man; so all is okay.” Saying that is meaningless because Mr. Berardino cannot escape or avoid the “potentiality for the perception of bias” on his part and that eats away the credibility of the administration of justice in British Columbia.


His appointment allows reasonable and prudent British Columbians to say that Mr. Berardino must have been appointed to do the bidding of the Gordon Campbell forces … or why would his old confreres have appointed him? Those reasonable and prudent British Columbians might go on to say that Mr. Berardino must have stopped investigation into bulk membership buying in the Liberal Party (allegedly) paid for by the illicit drug trade … because Mr. Berardino wanted to protect the Party (provincial and federal).

They might go on to say that his appointment was made to get around the statement by sergeant Ward at the time of the raids on the legislature offices of Dave Basi and Bob Virk that “organized crime” was active everywhere in B.C. (implying, presumably, “even in the legislature”).

We don’t have to violate the draconian (and highly suspicious) publication ban imposed by Madam Justice Anne Mackenzie to know federal and provincial Liberals were in deep dirty tricks with bulk membership - buying and using the memberships (even as the corrupt, manipulated transfer of BC Rail was in flood – often employing some of the same people). I myself – with about twenty others – sought, at the time, investigation by the Chief Electoral Officer of Canada into bulk membership buying and its associated illegalities.

We knew then as we know now that some people active as witnesses, and other, in the trial in Courtroom 54 were deeply involved in Liberal Party electioneering at the time, and in the production of candidates sought by Paul Martin. They were holding positions that anyone may check, now.

We know that all of those matters have disappeared from view. They are nowhere revealed in the charges before the court. They are not revealed in the persons charged.

Those reasonable and prudent Canadians might ask if William Berardino was appointed improperly to make sure the Liberal Parties of B.C. and Canada would not be involved in the trial we are witnessing. Does and did William Berardino collude and collaborate to tailor the charges presently before the courts so as to support the interests of the Gordon Campbell operatives who appointed him?

Has William Berardino tailored and targeted the accusations in this case in a way that violates every trust placed in a Special Prosecutor - and in a way that, in effect, destroys the administration of justice in British Columbia?

All of those questions - and more – may fairly be asked because of the improper appointment. In the face of the revelation of his improper appointment Mr. Berardino should immediately have stepped down. He didn’t. That fact casts greater suspicion on the appointment.

Associate Chief Justice Anne Mackenzie has, plainly, refused to deal with the improper appointment.

For that reason I conclude two things. I conclude that Associate Chief Justice Anne MacKenzie is presiding over a court process inescapably subject to allegations of corruption in the Basi, Virk, and Basi case. I conclude, secondly, that – in doing so knowingly – Madam Justice Anne MacKenzie may be – by reasonable and prudent Canadians – judged to be, herself, corrupt.

I invite Associate Chief Justice Anne MacKenzie to cite me as being “in contempt of court” for uttering those words.

Robin Mathews is a regular contributor to a website designed to keep the BC Rail fraud trial on the public radar, even if the mainstream media doesn't. Read it HERE.