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” I believe in truth. I believe in truth and honesty, and in doing the right thing. Most of all, I believe in justice…”

~ Susan Heyes, owner: Hazel & Co. Maternity, ( Victorious Cambie Street Merchant,),  on why she was in attendance at the Basi/Virk/Basi hearing yesterday.

It is interesting to note that all lawyers who appear in the Supreme court, refer to each other as ” My friend/s” .

This became an increasing source of amusement for myself during the Basi/Virk/Basi hearing Monday, because clearly, no love was lost between any of the mornings participants: not those representing the Crown, nor the defense , nor the attorney representing businessman, and alleged key player in the deal, Patrick Kinsella.

By a sheer stroke of fate, I found myself free of obligations Monday morning and able to watch the mornings court proceedings – which did not disappoint by any means. When reading accounts of the Railgate hearings thus far, I’ve often wondered about the stories behind the stories, the details and minutia that go unreported in traditional reporting  because of time and editorial restraints. Often,it is the same stories that go unreported that offer the most insight into cases like this, becausethey give the reader a fuller, richer depth of understanding of how these cases work and proceed.

It was extremely wonderful to have another set of eyes and ears alongside in my fellow blogger GAB, and I do hope that she offers her viewpoint on the mornings work as well. I suggested we sit in the back row of the gallery so that I could watch the reactions and interactions among others in attendance – a lesson passed onto me by a senior investigator during my career in financial investigations. You might laugh at this, but watching the interaction between people, and the minute responses we all exhibit involuntarily has, in the past, lead me in new directions that enabled me to either resolve a clients file, or give them enough to prosecute it successfully. And while nothing of the sort was pertinent yesterday, it was interesting to note the people who were in the gallery, as well as who were not. I noted immediately the presence of Susan Heyes, the Canbie street Davidwho took on Goliath government in the fight of her life – and won.  More on that later

Everyone rose as Justice Bennett entered the room, and I for one,was surprised at her appearance and demeanor. Wearing street clothing rather than the traditional judge garb, I found her to be a not-very-imposing figure in the courtroom, and at times I strained to hear her soft voice even in an otherwise silent room. She is very  keen and observant, and several times I saw her eyes dart back to watch the gallery. With no preamble, she immediately began her address to the court by reading the reasons behind the defenses application and the opinion of the Crown. Although Bennet did not announce it immediately, it was apparent within minutes that she would not be continuing as the presiding judge in this trial by the direction and tone of her address. She stated that although she had viewed thousands of pages in applications, no charter applications had yet been heard, and that she  fully expected the case would not resolvefor at least another year- at the earliest. Even this time frame would be dependant on any future charter applicationsthat could be presented.

She continued by pointing out that no evidence had been heard, nor had she taken any pleas- she has only heard disclosures and applications,and again she mentioned, no evidence. As Bennett spoke, I often watched Justice critic Leonard Krog and although I could not see his face from my vantage point, he often stroked his beard as if in deep thought. When the decision finally came: ” I am unable to continue as trial judge…”, she immediately went into her reasoning’s in detail, giving examples of similar situations in previous trials. Bennett was quick to point out that she must set the way for ease of  a new job, for a new judge,and that she would not have accepted her new appointment if the trial had been further along.  She paused for a moment, looked up briefly over top the  glasses perched upon her nose, then said that the only way she would have remained is if she felt that another judge could not have given a fair trial to the defendants. She finished her address by simply stating that she could not continue as trial judge pursuant to Section 669.2 of the Criminal Code.

Without delay, the hearing proceeded as James Sullivan- lawyer for Patrick Kinsella- stood to speak to their motion for an adjournment so he and his client could review 65 new pages of material they had just received – stating that he ” needs time to consider how they( the defense) will be using those documents.” because the defense tends to let their imaginations run wild.

 (Audible snickers rose from the gallery at this with a fair degree of head shaking and eye-rolling occurring)

 Sullivan said he needed time  as well as, to further review the application to  subpoena and cross-examine Kinsella. Sullivan’s style was all prime time drama  as he continued in his reasons for adjournment, stating that the defense seemed to be using American stye litigation tactics of private, third party cross-examination. ( more noise from the gallery at this ) It seemed that Sullivan went on far too long about how he didn’t know what the defense planned to do with these documents – as if the defense would lay all their cards on the table at this point.

Sullivan continued , repeating that this was new information,and he absolutely needed more time to review it before responding, although the look on defense lawyer Kevin McCullough said this was a bunch of poppycock.

Defense layer Michael Bolton stood to oppose the adjournment of the motions, stating that in actuality, very little of those 65 pages is new at all, and in fact, they simply re-affirm the role Patrick Kinsella is alleged to have played in the planning the railway deal. He specifically pointed out an email from Mahoney to Trumpy, relating to problems with the transaction, that says: ” I’ll do a bit of checking with Kinsella to see what he’s hearing.”

Bolton went on to mention other inferences and mentions of Kinsella within the documents, and asked Bennett to consider that it is truly  reasonable for one to consider that Kinsella had knowledge of the deal. Bennett seemed to become impatient with Boltons rather long-winded and choppy address, interrupting him at times to remind him that she had seen particular document he was referring to and that there was no need to read them again. Bolton wrapped it up  and sat again, and GAB seemed to sum it up well by saying that he appeared to be sandbagged.

If ever I am in need of a defense lawyer, ( of course, I won’t be, but I’m just saying) Kevin McCullough would be the man I would want on my side. This fellow has the passion and tenacity needed to do the job, and is not afraid to address the court with that heated passion in full display. You could see the intensity on his face as he approached the bench with a rather massive binder in hand, and the fireworks began within moments.

McCullough’s passionate argument against the adjournment also centered on the fact that very little of the 65 pages Kinsellas lawyer claimed he needed time to review was new, but he also targeted the handwritten notes  of   two Crown witnesses, Brian Kieran and Erik Bornmann. These notes, he pointed out, do nothing but confirm that Kinsella had been working for CN during the time of the deal.

McCullough referred Bennett to several pages within a journal of handwritten notes made by Brian Kieran, where the notes indicate that Kinsella was contacted for information and updates on the deal.  This is where Bennett asked McCullough what Kierans first name was, and the name ” Bruce” came up.

From BC Marys comment section, a bit from my new friend, GAB, who attended with me: 

One thing that came up today though – there was materials submitted that include a notebook of Brian Kieran from 2003 – connecting Kinsella to CN Rail.
The defence responded that they THINK they know who Bruce is but the judge cut him off saying she didn’t need to know right now.

At one point, the judge asked Kieran’s first name (Brian) and then she said, oh-, not Bruce? There’s a Bruce mentioned here. Who is Bruce?

So….Who’s Bruce? ”

( Good question- who is Bruce? One name that comes to mind is Bruce Clark, whose alleged connection to the sale is detailed in Bill Tielemans A to Z article on all the key players in this case  HERE – )


INSERT from GAB, who was in the courtroom with me. GAB has notes( in blue) to the dates mentioned by the defense in those key documents that indicated Kinsella’s involvement with CN during the dea, as well as covering Erik Bornmanns ability to verify the origin and validity of some of the documents- I’ve added notes in black:

The journal pages mentioned ( by McCullough in his passionate submission to Bennett-LY) :
P 37 – cover of the notebook
P 39 – May 18 Saturday (see page 59)
P 59 – front of calendar for May 2002 showing that May 18 is infact a Saturday. (Proving the year from which the notebook came)( Bennett was treating this information as quite dubious, because McCullough used the court calender as additional referance to prove that date. She was enamoured of this whatsoever and there was quite a bit of frustration exhibited by McCullough as a result- LY)
P 62/63 – May 19 Kinsella working for CN ( I had written in my notes that it was August 19, but rereading my notes, I have just now had doubts as to whether the date I had written, but based on the Emails mentioned and the date references from the notebook, I believe in fact the date was May 19 and I was having an excitement induced blonde moment)( HEY GAB- go easy on us blondes won’t you? – LY ; )

The other reference to Kinsella working for CN was mentioned. I am not certain, but I seem to recall it was on page 60. I couldn’t speculate on the date.

A few other thoughts…

The judge mentioned that Bornmann has immunity and she wanted to know why the defence hadn’t just asked him outright about the source and validity of information in a typed document previously presented. Apparently, the source of the document was originally in question as it was typed, but in the materials submitted on Monday, Bornmann’s notes for the document were included and aparently, they are almost word for word the same as the typed document. If I recall correctly this document also indicates Kinsella’s connection with CN. This document was authored by bornmann between Feb 20 and June 17, 2003 based on calender entries. This according to pp34/35 of an afidavit by someone named Hammerton. ( I believe that Bennett also told Bolton that he should ask the RMCP to question Bornmann immediately on that- but please correct me if this is wrong)

Bolton stated that based on the information in the submitted materials, Kinsella’s involvement was crucial over a period of weeks rather than days as previously thought.

One other note I took regarding contents of Kieran’s notebook before the page/date references (during Bolton’s submissions):

Ref: his understanding that kinsella is lobbying for CN
Ref: Kinsella assisting BC Rail.



 McCullough was heated and impatient with Bennett as he took her through the pages of his binder to show again and again the references to Kinsella with regards to the deal. He stated there was no way not to make an inference that he had intimate knowledge of how the deal was proceeding , and stated vehemently: ” Clearly there is a relationship between Mr. Kinsella and CN.”

( one of the dates mentioned in  the above mentioned  journal was page 59, from May 2002- to be honest, McCulloughs argument was so riveting that at times I found myself simply watching and stopped taking notes- GAB will hopefully assist here with more dates of reference to those documents)

At one point, McCullough seemed to become almost completely impatient with Bennett as made his argument against the requested adjournment, reminding her how long this has been going on, and that clearly Sullivan was trying to delay the case. His argument was followed by a brief appearance of defense lawyer, Joe Doyle,  and then of course, Kinsella’s lawyer stood again to seemingly plead for time to review this new information, making reference again to the defense alleged imagination- to which McCullough responded out of turn with a snarky retort  heard by all. This was  followed  immediately by another comment by Sullivan and Justice Bennett interjected  sharply: ” You don’t need to take pot shots at each other!” to which McCullough responded: ” He’s posturing!”   ( again, more raised eyebrows and noise from the gallery)

In the end,and despite excellent arguments from the defense, Bennett granted the adjournment, asking Kinsella’s lawyer how long he needed to review the material and respond if needed. He said he could not have it done by Wednesday’s date, and she told him that her calender was open for the weeks of September 8th and the 14th.

May I say, to no one’s real surprise,  Kinsella’s lawyer stated quite genially( although somewhat apologetically) that  unfortunately those dates wouldn’t work because he was supposed to be in Toronto and New York those two weeks…( wow, what a coincidence, eh?) The gallery again erupted into quiet laughter and groans of disbelief. If I were the judge I would have asked to see his itinerary and tickets…Is this not a common stalling tactic in court rooms? Previously arranged plans?

Bennett peered at him over the top of her glasses with a less than amused expression and told him he better do something about that, because other than those dates , her calender wasn’t open again until December, and so that leaves him with September – or Wednesday( today). Clearly, although Bennett granted Sullivan time to review and respond to the new documents, she is not about to accept a lengthy delay in hearing from Mr. Kinsella. And rightly so.

While  I’ve heard criticism of Bennett’s approach in the courtroom throughout this trial, I cannot say that  I saw any evidence of this during my brief visit into the Basi-Virk hearings. As mentioned above in this post, I’ve had experience with Supreme court actions while working as a financial investigator, and in my opinion – although some may not agree- she is following the law to the letter to avoid giving any reason for an appeal or dismissal. In other words, she is doing what a good judge is supposed to do, whether or not the defense likes it, or those who wish this case to come to a quick conclusion might. However, if her demeanor is any indicator, I sense Kinsellas lawyer is testing her patience with this current motion. One can expect that he will do everything he can to avoid having Kinsella set foot in the courtroom, but I suspect that the current documents presented are more than enough to make a reasonble argument to force Kinsella to answer the questions everyone has been asking.

Now for the story inside the story….

As mentioned above, there was another individual quite familiar with the legal maneuverings of the provincial government in the courtroom that morning, none other than Susan Heyes- the Cambie street merchant who took on the provincial government and Translink in her fight for damages sustained during the Canada Line construction -and won.

 How fitting that on the day that somewhat infamous Canada Line opened, Susan sat in the courtroom to witness what some say is a pivotal point for the continuation of the Basi/Virktrial. I caught up with Susan after the morning session adjourned and we talked for some time in the lobby below before her appearance on the Christy Clark show. 

I asked Susan why she was came to sit in the courtroom on this particular day and she looked at me with eyes shining. ” I came because I believe in truth.” She leaned forward intensely, a clear expression of pride and fierce determination shone on her face. ” I believe in truth, and honesty, and in doing the right thing. Most of all, Laila, I believe in justice. I believe in justice for the little guys out there, the ones being stomped on, the small businesses, the unimportant people and all the other Susan Heyes of this world…”

Wow. Pretty powerful, and a pretty damn fitting finale for this post. Susan Heyes sitting in on the Basi/Virl trial on the opening day of the Canada Line that  damn nearly ruined her life.

I took it as a sign that justice will prevail in this case as well.

The people will not have it any other way, Campell.

( now,in a related Susan Heyes story,  things must be getting pretty warm in the Premiers office- and I’m not referring to the weather…..I’ve heard that they fought tooth and nail to prevent the release of the following information, and although I haven’t seen anything in the locals, a Kelowna newspaper is running this story, which I include here in full with the link ( because sometimes these links disappear)

One wonders why the government would try so hard to keep this all a secret. no? Read it for yourself at  :


Freedom of Information office rejects firm’s claim of security risks and financial harm on Translink

Tuesday, August 18th, 2009 | 6:05 am

Canwest News Service

The operators of the Canada Line have been ordered to reveal all the details of their agreement with TransLink, despite claims by Canada Line Rapid Transit Inc. that it would lead to an increased risk of terrorism and cause financial harm.

Celia Francis, senior adjudicator for the Freedom of Information Office, said Canada Line Rapid Transit and InTransitBC did not provide sufficient evidence to “establish a reasonable expectation of harm flowing from disclosure.”

She ordered all information of the concession agreement be made available to lawyer Cameron Ward, who filed the FOI request, within the next 30 days. He argued the project involves a “massive amount of public funds” and details should be available to the public.

Ward represents former Cambie merchant Susan Heyes, who successfully sued TransLink, InTransitBC and Canada Line Rapid Transit for $600,000 in damages after losing business as a result of tunnel construction along Cambie Street.

Ward could not be reached Monday.

According to Francis’s report, InTransitBC claimed it withheld some some information from the agreement because it could prejudice its competitive interests, while Canada Line Rapid Transit argued disclosure could open Canada up to a terrorist attack in light of attacks in London and Madrid.

Canada Line’s case said disclosure of the information it withheld could “reasonably be expected to harm the security of the line and ultimately the physical safety of passengers, law enforcement personnel and others.”

But while Francis agreed “the possibility of a terrorist attack on public works carries with it the threat of serious and significant harm to public safety,” she said there was no evidence of how a terrorist would exploit the information.

The information being withheld included the level of police and communications personnel, the operation of the CCTV system, the tunnel-ventilation system and the communications systems and equipment.

Canada Line also refused to release a diagram titled Basic Layout of the Control Room, a diagram of the “Proposed Cross-Section of One Bored Tunnel under False Creek and Downtown Vancouver” and more than 400 pages of drawings.

“Canada Line did not provide evidence that is detailed and convincing enough to establish specific circumstances for the harm it argued could reasonably be expected to flow from disclosure of the information in question,” she wrote.

She also dismissed Canada Line’s arguments that releasing the information would harm conduct of aboriginal relations, saying they were “vague, speculative and hypothetical” and that she was not persuaded of the threat of financial or economic harm.

InTransit BC, she said, also failed to provide sufficient evidence to support its arguments on the reasonable expectation of “significant” harm to its own competitive or negotiating position or that of others.

TransLink itself did not oppose releasing the agreement details.

*** I’ve obtained a copy of the FOI order and you can read it in PDF format here: OrderF09-13 


  1. Laila,

    A big bouquet and congratulations to you on a riveting report.

    I can see this report from the courtroom being used, at some future time, as part of the author’s directions for staging the play titled “Can a government really lose a railway?”

    Great piece of work, on many levels.


  2. Excellent article Laila!

    I’m glad for the detail with which you write, it helps your readers gain a better sense of atmosphere. I wish Bennett had stayed, but failing that I hope the judge coming in has some of the tendencies that Hayes lawyer has…especially the love of the truth and the courage it will take to stand, and tell Campbell “no more interference, no more delay!”

    Apparently Susan Heyes has a pit bull (no insult intended!!) for a lawyer, and his findings may well embarrass the government publicly. I’d be willing to bet about 2 billion dollars worth of embarrassed.

    Another little tidbit that pissed me right off this morning. BCLC has raised their online betting limit from 120 bucks, to somewhere close to 10 grand?! Very helpful to those with a gambling addiction…NOT. Another money grab by the government of the day. Too bad they’ve forgotten to give 15% back to the Province as they’re supposed to. Thank you Mr. Coleman…may a thousand ants infes……..never mind.

    Does it ever end?!


  3. Laila, please correct anything I have got wrong and add anything I have forgotten.

    The journal pages mentioned:
    P 37 – cover of the notebook
    P 39 – May 18 Saturday (see page 59)
    P 59 – front of calendar for May 2002 showing that May 18 is infact a Saturday. (Proving the year from which the notebook came)
    P 62/63 – May 19 Kinsella working for CN ( I had written in my notes that it was August 19, but rereading my notes, I have just now had doubts as to whether the date I had written, but based on the Emails mentioned and the date references from the notebook, I believe in fact the date was May 19 and I was having an excitement induced blonde moment)

    The other reference to Kinsella working for CN was mentioned. I am not certain, but I seem to recall it was on page 60. I couldn’t speculate on the date.

    A few other thoughts…

    The judge mentioned that Bornmann has immunity and she wanted to know why the defence hadn’t just asked him outright about the source and validity of information in a typed document previously presented. Apparently, the source of the document was originally in question as it was typed, but in the materials submitted on Monday, Bornmann’s notes for the document were included and aparently, they are almost word for word the same as the typed document. If I recall correctly this document also indicates Kinsella’s connection with CN. This document was authored by bornmann between Feb 20 and June 17, 2003 based on calender entries. This according to pp34/35 of an afidavit by someone named Hammerton.

    Bolton stated that based on the information in the submitted materials, Kinsella’s involvement was crucial over a period of weeks rather than days as previously thought.

    One other note I took regarding contents of Kieran’s notebook before the page/date references (during Bolton’s submissions):

    Ref: his understanding that kinsella is lobbying for CN
    Ref: Kinsella assisting BC Rail.



  4. One other thing about the judge asking the defence why they don’t just ask Bornmann for the answers they seek (given his immunity) and McCullough was not interested in this – his concern seemed to be that Bornmann could say/spin to his advantage after the fact, but the documents of which the defence was in possession were written within the timeframe, not flexible according some agenda.



  5. I posted your comments into the main blog GAB – My notes indicate that most of the talk about Bornmann occurred between Bolton and Bennett during his original submissions- I recall Bennett telling Bolton that they should have the RCMP question Bornmann immediately on that -does that ring a bell?


  6. I vaguely recall something about RCMP, but couldn’t swear to it. There was SO much to process. Okay, just looked at my notes and it says “Bennett asked defence to have Bornmann questioned – this implies to me that a 3rd party would do the questioning so I guess that would be the RCMP.

    And you are right, the majority of the Bornamann stuff happened with Bolton, however, it was definitely McCullough who was not keen on having Bornmann questioned.



  7. ONe would think McCullough would have jumped on this idea, in light of the documents, unless he were concerned something else might come to light during questioning. Unless he is merely concerned about the time frame of it all. I think we all got how angered he is at that delays, would could potentially play into a dismissal down the road if things don’t pick up.

    Precendents have already been set in lesser trials with dismissals due to the lengths of waiting for trial dates – to see this being parlayed into something similar here would be a crime in itself -and exactly what the government wants.


  8. I see McCullough’s point. I think he is concerned that anything Bornmann says could be tainted. There is no disputing what is written in the documents from 02-04.

    I’ve lived first hand how spin can work. Remember that ex of mine we discussed? We would have an argument. I would know in my heart and mind that I was right and he was wrong, but with carefully chosen words, he would win. Then once he won, he would tell me that if I had just said “this” instead of “that” he would have lost. The man would argue that I was wrong even when he KNEW that I was right.

    If the RCMP question Bornmann, who’s to say they will ask the right questions, let alone the right follow up questions. I think this option would leave far too much opportunity to sandbag the evidence in the notebooks and emails connecting Kinsella to this whole mess.



  9. True enough- like the old adage says: ” If you aren’t getting the right answers, maybe you are asking the wrong questions…”

    Makes you wonder if any of the PAD people are actually married- or do they end up marrying each other?…


  10. Out of curiousity…when does someone get to answer the 64K dollar question? WHO ordered those emails destroyed, and exactly WHEN? We all know why…but I’d really like to know the rest.

    Does Copley still have the hard drive with so many relevant emails, including the one that could have a direct bearing on this case?

    So many questions – so few answers.


  11. Laila, I hope you will find some more openings in your schedule that coincide with dates when they put on psuedo justice performances down there at Robson and Smithe. I would love to have the opportunity to read both your and Robin’s report after each so-called pre-trial (or dare I imagine ) – actual trial) event.

    Keep Mr. McCullogh’s phone number handy, because even if you don’t actually do anything illegal, it wouldn’t be difficult to imagine an inbred government, with not even a pretense of separation of powers between executive, legislative and justice finding some reason to prosecute ANYONE they find inconvenient.

    When the criminals forming government are related to top brass in the police then cabinet ministers don’t get interviewed after the raid on the legislature, the subject of the search warrants is warned ahead of time and apparently even the so-called “special prosecutor – to avoid political considerations – appears to actually be representing the actual perps.

    In BC the executive branch is CEO Gordo, the legislative branch is a bunch of fence posts with hair (some have some hair anyway) that dance to the CEO’s tune and the court system is something to manipulate, obstruct and if that doesn’t work, just ignore their rulings – in an extreme case change the law – oh yeah and the police, they’re family. They won’t bother Ferrets or CEOs on Maui and will get congratulatory/sympathy cards from the CEO if they taser™ someone to death, at least the straw boss of the “killing squad” still gets paid and was able to carry on his murderous ways, choosing a motocyclist next (while on “paid vacation”).

    Susan Heyes presence at the hearing and your conversation with her were truly inspiring but regarding:

    “I took it as a sign that justice will prevail in this case as well.

    The people will not have it any other way, Campell.”

    I wish I could be as optimistic – to even think enough people care to actually make a difference is almost too much of a stretch for me anymore. I’m tending to think these guys are above the law and politics and need to be taken on in the moral gutter where they live . By the time they are done with BC, no one will want to live here anymore unless they have “Stockholm Syndrome.”

    But I will certainly be watching for any future reports for Kabuki land from you Laila!


  12. Wow.

    Clearly, we now have a bloggodomic WoodStein to call our own!

    Thanks very much Laila and G.A.B. for giving us all the details that the proMedia maw did/would/could not.

    This is very, very important material for the public record.



  13. Stupid? Sorry, but that should be reserved for people who spell ‘bloggers’ as ‘bloogers’…

    Oh, and stupid can also be used when addressing people who leave comments like this using a computer in their office.Enough said?

    While I may not be a reporter, I do find the details extremely interesting and of enough consequence that I think others will want to hear them too. And judging from the number of peoplo who have already read this post, I would say they there are more than enough people interested to have made the effort.

    You should also know, Anonymous, that I don’t take well to intimidation or implied threats of any kind.


  14. You know you’ve done something right when you get comments like the one from Anonymous. Love how they never leave their names, eh? Good show on this Laila and GAB. If I could, I would pay you to attend so we could get reports like this all time time. I like to read all the extra’s, rather than the bare bones we get in the paper. Gives me a better grasp on what’s actually going on.

    What say you everyone, that we ante up and hire this gal to attend for us? A gal has to get a paycheque the same as the rest of us, and I’m guessing this trip cost her the $10 smackeroos that it takes to ride the junket from Surrey to downtown and back. Not to mention someone to watch her kids, eh?

    An idea anyways, from another old Koot!


  15. I\’ve never been more embarressed to be a government worker than I have been in the last few months since Gordon Campbell was re-elected. It\’s honestly a big problem because I work on the front desk of an agency hard hit by cutbacks and I get all the harassment from people who act like I personally cut off their services. I hate it too, but what can I do? I need a job like everyone.

    I really really hope the truth comes out about this sale, whatever the truth actually is. How can anyone believe that those emails were erased?
    I would give to hire you to go too, because now I am wondering how much we really are not missing out on by reading the papers?? Sure, they have the basics, but where was all this other stuff about Bornmann and Kieran? Or did I miss it?

    Are you going again Friday Laila? Can you?


  16. I think Kinsella will go as far as he can to avoid seeing that stand. It will likely be a charter fight all the way, and you know what that means. A lengthy delay. More stalling tactics.

    With documentation like the written notes the defense refers to, how can he get around it? Seems pretty cut and dried to me.


  17. Keep up the excellent reporting, Laila. Thanks to GAB too. And also thanks to those others who write (BC Mary, etc.) on this crucial trial. It gives the best insight into this whole sordid, corrupt affair when the real public participates.

    Anonymous – Put a lid on it.


  18. J–

    Thanks for telling us what’s up…we need to remember all the folks like you who are doing their best to actually help people when we attempt to hold the Pol’s feet to the fire for doing the opposite.

    And no, as someone who combs the proMedia prints with great regularity, you most definitely did NOT miss the details delivered to us by Laila and GAB…..



  19. Excellent and revealing report , Laila. Thanks so much. And GAB, many thanks, too.

    All the time and effort on both your parts is very much appreciated.

    My piggy bank and I will gladly contribute to the “fundages'” as well.


  20. You are all quite daft in the head if you think anything Laila writes qualifies as any kind citizen journalism. She hasn’t got the first clue as to formatting a story, nor does she have any talent.

    It just goes to show how stupid you all are if you would actually pay her to go to this trial and take notes and then go back home to Slurrey, oops, Scurvey.. shit I mean Surrey, and write this kind of drivel.

    Don’t you think if she had even one tiny little ounce of talent, that someone would actually already be paying her to write this stuff? Huh? But no, here she is, on her stupid little blog, writing stuff that is so far above her intelligence that she cant even comprehend what she has written.

    What a joke. Paying her to go to trial and write these stupid, inane reports. Shit, I would rather read the drivel Miss 604 writes, at least shes hot to look at while I read her insipid reviews about lifestyle things in Vancouver.

    As for Laila, Its Better for her to stay home and have more kids.What the hell, who has 4 kids nowadays? Freaking bunnyrabbit. Good luck with that eh, what a Surrey Girl.


  21. Just maybe Laila has been approached. How would you know if she has or hasn’t.

    With her work thus far, I believe that she is a person with integrity and CAN’T BE BOUGHT. There are many more like Laila who also write great play by play action, and I would read them over the Province, Sun, (Gord’s canwest papers), and of course Gord’s own PAB News Releases. They tell it like they see it, and tell it with no spin.

    And Anonymous, I’m detecting quite the anger. Is there a reason for this animosity towards a female from Surrey?

    If not, I’ll repeat, Put a lid on it.


  22. Because this is, in my opinion, such an important issue I will, for the moment at least, ignore the vile and digusting aspects of Mr. and/or Ms. Anonymous’ comment above, and instead will respond by asking him or her the following question….

    What, specifically, do you take issue with in Laila’s and GAB’s eyewitness report of the goings on in the courtroom on Monday?

    Was it the fact that they specifically addressed, in detail, the allegations raised by the defense regarding a notebook that was alleged to have been owned by, and written in by, Mr. Brian Kiernan that contained a specific reference to Mr. Patrick Kinsella, allegedly, ‘working for CN’ during the same period when Mr. Kinsella was, as he himself has admitted, working for BC Rail?

    Now, if that is your objection, please point us towards a specific reference in any and all proMedia reports that specifically refutes Laila’s and GAB’s account of this aspect of the proceedings.

    Go ahead, take your time searching the Google cache.

    We’ll wait….

    Because we, the folks who have been paying attention, actually await your response with bated breath.


    Because, to the best of our knowledge, the number of proMedia reports that dealt specifically with the matter at hand equals precisely, well…..


    Which is why this report from Laila and GAB is, in fact, so vitally important.




  23. Wowser

    Thanks for your efforts here. I an in TO now so have been out of touch on the BC Rail Scandal. Thanks for bringing me up to speed.

    The Campbell Government is knee deep in doo doo here and hopefully Campbell is Premier when the RCMP go into the Leg to arrest him.

    Amazing how the nasty commenter(s) are Anon. I bet they are Libcon backroom folks.


  24. Oh my. Anonymouse says all kinds of narsty things eh?

    Must have really struck a nerve!

    These people never get that they should just stay quiet.
    I guess it could just be someone who just likes to issue threats…

    Got an IP Laila? 🙂
    Wonder if it is from somewhere in Victoria? LOL.
    Ohhhhh, what fun! Let me know if you need any assistance Laila.
    Ill make sure that I cover this on my own blog too. We get, ohhhh, quite a few visits a day….. And my twitter feed helps, and my facebook page….
    Gee, busy busy……Let’s make some noise.


  25. Ah.

    While the blogmaster is away, the little minds will play…meaning Anonymous, that is!

    You know why I’ve chosen to have 4 children, Anonymous? Originally I was content with two, and because they have turned out to be such brilliant human beings in every way that matters, I decided to have two more to make up for all the losers like yourself who seem to have nothing better to do than spew forth the completely simple minded, verbal diarrhea that has erupted from your mouth thus far. Consider it my contribution towards a more evolved and intelligent planet.

    Now, because I am a kind and generous person, I will explain to you why I say simple minded when referring to yourself. People who really don’t care about someone pay them no attention. They are indifferent.

    You however, seem to have directed a large amount of anger towards a few things.

    1) my ability to write.( or your perception that I cannot)
    2) the fact I don’t get paid to write this blog
    3) the fact that I attended the trial, and may attend again.

    Now, if you were concerned over something I wrote here, you would be specific with regards to that beef, and then I would address it. I have no issues with criticism, and welcome feedback, both good and bad.

    You, however, immediately gravitated towards a personal attack on my talent, my blog and now my personal life. That tells me your anger is about me, not my subject matter.

    The first time you posted, I think you did so in the heat of the moment, because you didn’t mask your IP.

    The second time you did.

    Let me tell you something sir(and I do know you are a sir, but I wont tell you what gave you away). I’ve been run roughshod over by the best, and nothing you’ve said even makes a dent in this exterior. Is that your best? Ha! No wonder you have all this pent up anger inside of you. Here’s a number for you to get some help with that.
    1- 800-SIT-ANDROTATE.


  26. Ouch! Hit a nerve, Anonymous?

    If your response is proportional to the importance of this story, then it’s a good thing Laila and GAB are covering it.

    If your response is over-reactive, well, they have meds for that kind of thing… check it out.

    But then again, if your response was meant to provoke more interest in the story (hmm, why so aggressive? more here than meets the eye?)… Mission Accomplished.


  27. if I were you, I would watch what you write about Kinsella. And the premier.

    Do tell, anonymoose. Watch out or what? By whom? Under who’s ‘orders’.. err… ‘suggestions’?

    If it all ‘doesn’t matter’ as you later wrote, anonymeece., why would there be any need for you, or anyone else, to post veiled threats?

    Agree with pale, Laila must really be getting a little to close to the real substance for your liking. Or someone else’s liking.

    Funny thing, I also believe in the truth. Pity there’s so very little of it from our corporatist overlords… err… provincial government.


  28. Thank you for an outstanding Report Laila! I must admit to having to read it all twice, just to absorb it all. You are an excellent communicator, and we all benefit by your talents!



  29. Sorry for not posting earlier people, but I’ve been packing and taking kids off couch backs and everthing else that goes with moving. Right now I write, I ditch the computer and go get back to work.

    Curt, I love that storyline, but sorry, no offers made here – I think everyone knows I’m someone who can’t be bought at any price. But I did have a good laugh at the thought. And as for offering to hire me to go attend, I could never accept pay for doing what I consider must be done. It’s only a matter of finding the time to attend with my other commitments. If it works out, then I will go when I can.

    I honestly think anonymous is a troubled person with far too much time on their hands. Had a guy here like this once before, his name was tomax. Wowsa- when he snapped it was hardcore.


  30. Laila, asking as per your disclaimer/copyright notice. Would it be OK to post this to both my Facebook page and Twitter feed?



  31. Amen to that, Laila! Gee Anonymous, doesn’t it suck when socially uneducated individuals don’t take their own advice? And what’s with your childish drivel?What are you, twelve? That’s right, keep hiding behind your computer. Or better yet, get your head out of mommy’s basement and go get some sun. It’s called a life.


  32. Laila,

    Keep up the good work – and keep your sense of humour – if you weren’t making sense they wouldn’t have made you a target.



  33. Laila, keep up the good work! If and when you can attend, as well as others, please do, and keep us informed as I’m sure you will. People need to read the layperson’s perspective. Never mind all the bs. BC Mary too deserves praise on her legislature raids blog as well. To the both of you, thank you.


  34. Frank, post far and wide at will. Same goes for the rest of you.
    That copyright is to protect me from people like the two cops in Florida who tried to use one of my blog posts to pull heart strings on their website to sell their( on the side) breathalyzer service. I had them pull that down really quick. Or the chick who tried to pass off one of my blog posts as her published work.

    I’m back up out of bed now, because some skunk sprayed around here and it reeks to no end in my bedroom. Plus, I was thinking about the fact that BC Mary writes about this trial all the time, as does Robin and Bill and RossK, and I don’t recall seeing anything like this on any of your sites -correct me if I am wrong though.
    I guess you could call it training for a future in politics, no?And by the way, you should all remember that courtroom is open to the public. Might be a change for the judge and lawyers to see a full house behind them. It might just give them the impression we all have a deep interest in this case.


  35. Anonymous, it sounds like you missed your town hall meeting and need an outlet. Move south if you aren’t already there.

    As for taking money for the work, here is what Harry S. Truman said:

    Harry S. Truman…

    Harry Truman was a different kind of President. He probably made as many important decisions regarding our nation’s history as any of the other 42 Presidents. However, a measure of his greatness may rest on what he did after he left the White House.

    The only asset he had when he died was the house he lived in, which was in Independence Missouri.His wife had inherited the house from her mother and other than their years in the White House, they lived their entire lives there.

    When he retired from office in 1952, his income was a U.S. Army pension reported to have been $13,507.72 a year. Congress, noting that he was paying for his stamps and personally licking them, granted him an ‘allowance’ and, later, a retroactive pension of $25,000 per year..

    After President Eisenhower was inaugurated, Harry and Bess drove home to Missouri by themselves. There was no Secret Service following them.

    When offered corporate positions at large salaries, he declined, stating, “You don’t want me. You want the office of the President, and that doesn’t belong to me. It belongs to the American people and it’s not for sale.”

    Even later, on May 6, 1971, when Congress was preparing to award him the Medal of Honor on his 87th birthday, he refused to accept it, writing, “I don’t consider that I have done anything which should be the reason for any award, Congressional or otherwise..”

    As president, he paid for all of his own travel expenses and food.

    Modern politicians have found a new level of success in cashing in on the Presidency, resulting in untold wealth. Today, many in Congress also have found a way to become quite wealthy while enjoying the fruits of their offices. Political offices are now for sale. (sic. Illinois )

    Good old Harry Truman was correct when he observed, “My choices in life were either to be a piano player in a whore house or a politician. And to tell the truth, there’s hardly any difference!”

    I say, dig him up and clone him.


  36. It ‘s everyone’s ” turf” PRP, we only assist each other- and the reader- by presenting our individual viewpoints. Nothing better than rocking someone’s world and opening their eyes to an issue or point of view they’ve never experienced before.

    I love your style, keep it up! And thanks for the complimentm ( if I were Miss604, I’d feel a little creeped out knowing this Anono- idiot only checks out her blog to look at her photos.. ewww) Give me ‘Brains before beauty’ anyday.


  37. Laila, nice work, good reporting and well written.

    Anonymous is clearly either some disgrutled reporter clinging to their job rewriting the leads on gov’t press releases for the Asplers or some useless flak for Campbell. Of course, there is also the outside chance that it’s Kinsella, his lawyer or some knob on their payroll. At any rate, it may be spelled A-n-o-n-y-m-o-u-s, but I’m pretty sure the proper pronunciation is “douche bag”


  38. Thanks Rev. : )

    Whomever it is, seems to have remained quiet so far, but I’m betting he is disgruntled person in general. People like that tend not to get far in life.


  39. Important

    Confirmed BASI-VIRK pre-trial hearing continues today in Supreme Court at 9: 30 am this morning. Address is 800 Smyth Street in Vancouver, open to the public.

    I will not be in attendance, by choice, in order to follow up on a story tip pertaining to our most unpopular Liberal government….

    That’s all for now.


  40. Fantastic GAB!! I can’t wait for your report on todays events in the courtroom, and I hope you will share that with us here as a guest blogger!! Susan Heyes will be in court as well today, so it sounds like a full house.

    BC Mary tells me Robin Mathews will be in attendance today as well, so I am sure she will have his view up as usual.


  41. Salvatore, you should know that sometimes it gets a litte dirty in the trenches. Most of us thought that nasty attack was “some interesting talk”.

    You could let us know what you find interesting, and we can all jump on that instead.


  42. Nice try at deflecting. It stands you in good stead when you run for the NDP. It will be politics as usual. My kid says that the more “data” you collect, the more you can be useful in fixing stuff. When you look at the past stuff here you see a lot of really neat information you probably would not see anywhere else. So if I want to see na na ya boo boo, I can go to my local elementary school playground.

    Your take on stuff is better than:
    “I decided to have two more to make up for all the losers like yourself who seem to have nothing better to do than spew forth the completely simple minded, verbal diarrhea that has erupted from your mouth thus far.” AND
    “Here’s a number for you to get some help with that. 1- 800-SIT-ANDROTATE.”

    “It’s hard to find the moral high ground when you’re all standing in the mud.”


  43. Never said I was running for the NDP,Sal, I merely said I was running, and I think you should know more than anyone that I will not be the business as usual kind of candidate. Geesh, I already put myself out there all the time just because I can’t NOT do it. And for what? I’m not getting paid to go around fixing things, I do it because I care and I know what it feels like to have no one fighting for you.


    Did I let this guy get to me and swing back? Yes

    Could I have handled that differently? Yes. I could have and probably should have ignored him.

    But you know what? I’m human Sal, and it gets a bit old taking flak all the time- whether it is direct or indirect, in print or on radio, by email or anonymous comments left on this blog. The names. Cultist. Unprofessional, amateur, fake, wannabe,no talent, blah blah blah.

    I’ve got a pretty thick skin. It comes with the kind of life experience I’ve been through. For the most part, I just
    let it roll right off my back because I know that it is not true. But that one pushed every button by making less of my writing, my life, my looks and my kids, and frankly, right now my personal stress level is at it’s max and I let him have it. And believe me when I say I restrained myself from saying how I really felt.

    I figure I have 4 years to work on being impervious to insults,and although I appreciate your almost parental like guidance,how about you just back off once in a while and let it go, ok Sal?


  44. Laila…

    You didn’t do anything wrong – don’t worry about the fact that sometimes the slings and arrows will get through – it’s part of being human…

    Good luck.

    And thank you.


  45. Aha. Here it is. Refreshing to come back and read all this after all this time. You beat the media by nearly a week on this, because they overlooked the significance of what occurred. I think these older reports by you and RossK, need some re-distribution to get people looking in a direction parallel to Christy’s involvement, which is the key to solving the mystery. Targetting Christy gets rid of her as premier, targetting all the big players in this deal reveals the truth.


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