Court File No.




Bohon & Muldoon 360-1122 Mainland Slreel Vancouver, B.C. V6B 5Ll Tel: (604) 687-7078; Fax: (604) 687-3022

FOR DISCLOSURE Counsel for Udhe Singh (Dave) Basi

Kevin McCullough
McCullough Blazina Dieno 2nd Floor -1011 Fort 51. Victoria, B.C. vsv 3K5 Tel: (2.50) 480·1529; Fax: (604) 480-4910

Counsel for Bobby Singh Virk

Joseph Doyle
Johnson Doricic: Doyle Zn~Floor, 195 Alexander St. Vancouver, B.G. V6A IBS Tel: (604) 688·8338 Fax: (604) 688-8356

Counsel for Aneal Basi

William S. Berardine,

Hunter Litigation Chambers ;2.001-1040 W. Georgia Street Vancouver, B.C. V6E 4Hl Tel: (604) 891··2400; Fax: (604) 647-4554


Special Prosecutor

Court File No. 23299 Vancouver Registry









William Berardino,


Special Prosecutor

Hunter Litigation Chambers 2001 -1040 W. Georgia Street Vancouver, B.C. V6E 4Hl


that an application for disclosure will be brought before the Trial Judge on Udhe Singh (Dave) Basi, Bobby Singh Virk and Aneal Basi on Apri12, 2007 or as

behalf of the accused persons, (collectively the "Accused")


as practicable

for Orders requiring the

Special Prosecutor

and RCMP to provide full disclosure in this matter.

1. The Accused are charged on a multi-count breach of trust offences. the cancellation (hereinafter 2. Direct Indictment principally alleging fraud and sale of

These offences arise in respect of the government

Be Rail


of the intended government

sale of the BC Rail Port Subdivision

Rail Line

"Roberts Bank"). an investigation titled "Project Everywhichway" sometime in 2002. By Udhe

The RCMP launched

June, 2003 the RCMP bad become aware that a person of interest in this investigation,

Singh (Dave) Basi (hereinafter Finance and Government 3. In August and September

"Mr. Basi"), was the Ministerial

Assistant to the Minister of "Minister.Collins"), of, inter alia, Mr. Basi,

House Leader, Mr. Gary Collins (hereinafter of 2003, in furtherance of their investigation

the RCMP sought DNR warrants for Mr. Basi's Ministry of Finance cellular telephone (hereinafter 4, the "Ministerial Cell Phone"). Court of British Columbia denied both

Her Honour Judge Ehrcke, a Judge of the Provincial DNR warrant applications with respect

to the Ministerial Cell Phone.
to the RCMP that the denials Cell Phone. of


In denying the DNR warrants, Judge Ehrcke dearly articulated were based on a Parliamentary The only information Parliamentary Buildings



privilege that may attach to the Ministerial

put before Judge Ehrcke that would have alerted her to the possibility attaching to the Ministerial


Cell Phone was the reference to Parliament

in the address associated to same. ruling that

~ CO
--0 G

It is apparent that the RCMP were not willing to accept Judge Ehrckes Parliamentary

privilege may be at issue. After Judge Ehrcke denied the second DNR warrant, to Obtain a DNR warrant with respect to the

the RCMP prepared a third Information Ministerial Cell Phone.

A decision was made to take the third DNR application before a Supreme Court Judge. However, before the third application was brought before a Supreme Court Justice, the RCMP to Intercept Private Communications, "P.67",

made the decision to seek a Part VI Authorization


to intercept the Ministerial
In describing the Ministerial

Cell Phone.
Cell Phone in the Affidavit in Support of the P.67 Authorization,

the RCMP changed the address which had been attributed to the phone in the failed DNR applications by deleting the reference to "Parliament Buildings". The RCMP further failed to with

advise Mr. Justice Dohm, the Authorizing respect to the Ministerial

Judge for P.67. that two DNR applications

Cell Phone had been denied On the basis that a Parli~entary

privilege may attach to same. ~,., Significantly,

.9-11~ 7it- ~'1 C"


the RCMP had received legal advice, in SeptemberZ003.

from Les Rose, a

lawyer with RCMP Legal Services, that any further application for the cellular phone must disclose Judge Ehrcke's denials of the

DNR warrants.

+- e)IJ I~~



,. "'!""""'~


On the same application for a Part VI Authorization with respect to the Ministerial

Cell Phone,

the RCMP also sought authorization

to intercept what they described as Mr. Basi's government

® B

work telephone line (hereinafter the "Office Line").
At the time the RCMP sought the P .67 Authorization, they knew that the Office Line was the House Leader, Gary

main line for the Office of the Minister of Finance and Government Collins, Iocated in the Parliament Buildings.

The RCMP failed to advise the Authorizing spite of their awareness that the intercepted

Judge, ML Justice Dohm, of this information


line was the line for the Minister of Finance and his

Office in the Parliament Buildings. ~


fVtt,IWh{ ,.,


15. On October 10, 2003, Mr. Justice Dohm granted the P.67 Authorization
Ministerial Cell Phone and the Minister's Office Line. The Authorization October 13, 2003 to December 16. Approximately commercial

to intercept both the
was valid from

11, 2003.

two (2) weeks before P, 67 was granted, the RCMP decided to assign
("CCS"), Corporal Cowan, to monitor Mr. Basi's intercepted gained from same. Corporal Cowan was present of the intercepts. and to assess the information

crime investigator


in the monitor room virtually daily from the commencement


~ ~"1
Ir ~


•Disclosure material reveals .hat Corporal Cowan advised his superiors of his prior dealings

Cowan purchased

a home from Mr. Basi's mother,Mrs. Sukhbir Basi, in 1999.

Mr. BaSi, who conducted the sale for his mother. There is no indication in the disclosure
he provided, nor any information regarding the assessment of a potential conflict of

material as to when Corporal Cowan so advised his superiors, whom he advised, what information

interest in light of the significant role he would 18. On November

play in the investigation of Mr, Basi.
for, inter alia, the Ministerial was identified as "P.73", Judge, Mr.

6, 2003, the RCMP sought a new authorization

@ @

Cell Phone and the Minister's In the Application

Office Line. This Part VI Application

for P.73, the RCMP again failed to disclose to the Authorizing

Justice Dohm, the two DNR denials for the Mini.sterial Cell Phone, and again failed to disclose that the Office Line which had been previously authorized was in fact the main office line of

the Minister of Finance, located in the Parliament Buildings. By the time of the application the Ministerial for P.73, the RCMP had been intercepting communications on

Cell Phone for almost one month;

they knew that virtually all calls that occurred

on that line were related to ministerial,


cabinet and government

business. Cell Phone was

(j) The RCMP bad also become -+ used at times by the Minister

aware during the life of P .67 that the Ministerial of Finance himself.

For example, on October 27, 2003, a call was <Q--

between Minister Collins and Premier Gordon Campbell. there was no disclosure to the Authorizing

@ Unfortunately.

Judge on the application for P.73

about the nature and use of the Ministerial

Cell Phone, in spite of the fact that the RCMP knew


the various uses of this line. The RCMP were well aware of Judge Ehrcke's the fact that the Ministerial cabinet and government reasons for denying the two DNR warrants, and legislative,

Cell Phone was clearly being used for ministerial,

business, at no time did the RCMP seek Claude Richmond (hereinafter

any consent from the Speaker

of the House, the Honourable

the "Speaker"). the RCMP were

As a result of listening to Mr. Basi's intercepted

private communications,

aware that Mr. Basi was working on the sale of the BC Rail asset for Minister Collins.

Ao a result of significant information
promise. 26.

gathering, the RCMP knew that the sale of BC Rail was a was seen to be breaking a key election

highly political matter in which the Government

There were originally five (5) bids tendered in the analysis, only three bids were competitive; Through the interception of communications,

Be Rail

bidding process,

In the final


those were CN Rail, CP Rail and OmniTRAX. the RCMP learned that one of the final bidders,

CP Rail, was dropping out of the bidding process because of their belief that the process was flawed in that it had been predetennined

that CN Rail would be the successful bidder.

In early November Ministerial

2003, as a result of listening

to intercepted


on the

Cell Phone, the RCMP learned that OmniTRAX the same reasons cited by CP Rail.

was conSidering dropping out of

the process for precisely Through intercepted services of Pilothouse


the RCMJP learned that OmniTRAX "Pilothouse"),

had retained the

Public Affairs Group (hereinafter

a British Columbia at the

based lobbying company, to assist them in their bid fOT the BC Rail asset. Pilothouse time was made up of three principal partners, Brian Kieran (hereinafter Bommann 30. (hereinafter

"Mr. Kieran"), Erik "Mr. Elmhirst"),

"Mr. Bornmann")

and Jamie Elmhirst (hereinafter

Mr. Bornmann was heavily involved in Federal Liberal politics as the Director of

Communications 31.

for the Paul Martin Leadership

Campaign at this time.

Mr. Elmhirst was an active member of the B.C. Federal Liberal Through intercepted representations communications,

Party at this time.

G .
r['iJ G·

the RCMP learned that Mr. Basi was making from dropping out of the

on behalf of Minster Collins to dissuade OmniTRAX

BC Rail bidding process.
Through a series of intercepted OmniTRAX communications in November 2003, the RCMP learned that to stay in the Be Rail


was seeking a "consolation

pri;z:e"[tom the Government

bidding process, if in fact they were not the succe .. ful bidder.


34. At the time, the British Columbia government was not only selling B.C. Rail, but also
separately putting out to bid Robert's Bank. 6, 2003. was considering whether they would drop out of the The Request for Proposals for Robert's Bank was

put out for bid on November 35. In early November

2.003, OmniTRAX

bidding process, and wanted to meet personally with Minister Collins. 36. The RCMP became aware through intercepted (hereinafter the "Mr. Virk") was also a Ministerial

communications that Bobby Singh Virk
Assistant who was working with

Mr. Basi on

sale of RC. Rail.
communications, the RCMP learned that Mr. Virk had spoken to Minister MIAs,


Through intercepted

Collins regarding the problems with unhappy bidders and unhappy Liberal Government

the effect this would have on the bidding process, and how the sale of B.C. Rail would be viewed both politically On November and publicly. communications prize for that

17, 2003, the RCMP learned through a series of intercepted

Mr. Basi advised OmniTRAX OmniTRAX

that Minister Collins had authorized a consolation

in exchange for them staying in the bidding process (hereinafter


No /tIrNt>Dton November

pic f~vT

erAK'T ~

the "Consolation



lIfir S7mvb


17, 2003, the RCMP learned through an intercepted

call between Mr.

Basi and Mr. Virk, that Mr. Basi told Mr. Virk that Minster Collins had approved the






At that time, the RCMP were aware that Mr. Virk was dealing directly with both Mr. Basi and Minister Collins on the sale of

Be Rail.

41. On November 25, 2003, the government announced that CN Rail was the winning bidder in respect of the sale of B.C. Rail.

42. Between the announcement of eN as the winner on November 28, 2003 and December 8, 2003, the RCMP learned that OmniTRAX Executives Pat Broe and Dwight Johnson were going to meet with Minister Collins. 43. The RCMP learned through intercepted communications that Minister Collins would be meeting with the OmniTRAX Executives at Villi! Del Lupo restaurant in Vancouver on December 12, 2003. 44. The RCMP organized a massive surveillance operation for that date in and around the Villa Del Lupo restaurant to determine whether or not Minister Collins was going to meet with these two OmniTRAX Executives. The intercepted communication in which Mr. Basi advised Mr. Virk that Minister Collins authorized the Consolation Prize was of substantial significance in respect of the assessment of whether an)' criminal wrongdoing could be attributable to Mr. Basi and Mr. Virk. The RCMP were aware that if Minister Collins met privately with the OmniTRAX Executives, that this tended to significantly corroborate Mr. Basi's previous advice to Mr. Virk that Minister Collins had approved the Consolation Prize.


/fCAJ"J ~ - ~









The RCMP were aware that Mr. Virk dealt directly with Minister Collins on the sale of B.C. Rail. To that end, it would make no sense for Mr. Basi to deceive Mr. Virk with respect to Minister Collins' position on the Consolation Prize. The RCMP were also acutely aware that it would make no sense for Mr. Basi to advise OmniTRAX that Minister Collins had authorized the Consolation Prize, and then organize a private meeting between those parties, if that were not the case. Ita. J.1-1':.rS


'SrJf'1\ll\ t)


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48. On December 12; 2003, Mmrster Collins in fact met with the OmniTRAX Executives privately at Villa Del Lupo restaurant, wherein the RCMP engaged in a massive surveillance operation to document this meeting. The surveillance included undercover operatives both inside and outside the restaurant and extensive video surveillance and tracking of the parties. By this point in time the RCMP had made Sergeant Debruycke.:!.!he team leader of the investigation into whether any fraud or breach of trust offences were committed in relation to







At the time of Sergeant Debruyckere's the brother-in-law of then-Executive


as team leader of this investigation Liberal Party, Kelly

he was

Director of the B.C. Provincial

Reichert (hereinafter

"Mr. Reichert") .

Mr. Reichert was on the Provincial Liberal Party Election Campaign Team with Minister Col1ins and acted as the Campaign Director for the Liberal Election Team.

@ The disclosure

provided to the defence indicates that Sergeant Debruyckere

advised his

at some poin!, of this relationship.

There is no indication in the disclosed materials

when this information of this investigation. Borrunann RCMP. Bornmann information

was shared and what use was made ofit given the highly political nature In 2004 it became clear that there was a leak of information regarding Mr.

and the fact of him providing information the leaked information pertained

about Messrs. Basi and Virk to the to Mr. Reichert knowing that Mr. in exchange for the provision of


had been granted immunity from prosecution

against Messrs. Basi and Virk, Mr. Bornmann advised the RCMP that Mr. partner, Mr. Elmhirst, of same. Mr. Bomrnann raised this

Reichert had advised Mr. Bornman's

with the RCMP investigators
neither Ser eant Debru

as he thought there might be an "Officer Reichert".



eker", nor an

this crucial leak of inform ali on. 53. By December
exculpatory sale of


other RCMP member


- N'B72lrf";f~

ever ap ears to have investigated


12, 2003, there was a growing body of compelling

evidence which was with respect to the On the

to Messrs. Basi and Virk in respect of any criminal wrongdoing

Re. Rail,

the RCMP sought and obtained warrants to search the Legislature.


for the search warrants, they advised Mr. Justice Dobm that Minister Collins was

not a target of their investigation. 54. After obtaining authorization from Mr. Justice Dohm to search the Legislature, from the Speaker. surrounding the information provided to the Speaker by the have not been disclosed; the RCMP

sought further authorization 55. The complete circumstances RCMP and the Speaker's they were apparently circumstances ~


consent to search the Legislature

not recorded and the RCMP has not attempted to reduce the derailed

to writing. the search of the Legislature on December 28, 2003~ the RCMP discovered

While conducting

that the warrant to search Mr. Virk's office in fact listed a different office number.



Upon discovering

this, the RCMP contacted the appointed

Special Prosecutor,

Mr. David

Harris, who advised that they needed to disband with the present search, obtain a new warrant for the correct office and conduct the search the following day after receiving this new warrant.

It appears that in spite of the advice received from Mr. Harris, the RCMP ignored Mr. Harris' direction and sought other legal advice. unrecorded determined telephone

Corporal Cowan phoned Mr. Justice Dohm, and in an to search the office they had


obtained authorization

be Mr. Virk's without any further warrant or other paperwork. in mid-December 2003, the RCMP


It is apparent from disclosed materials that, commencing were focused on developing a major communication

and public relations strategy to be following the search of the

executed following the search of the Legislature. Legislature


on December 28, 2003, the RCMP launched a massive media campaign, wherein
The Special Prosecutor was consulted about, and was fully aware of the details of crime and the search of the Legislature

they drew a direct connection between the "cancer of organized crime" and the search of the Legislature.

this media strategy.

The connection between organized and completely deleterious

was false and misleading ~ The connection

to the fair trial rights of the Accused. and organized crime was the focal

drawn between the search of the Legislature

point of the massive media reporting in respect of the search, and focused on Mr. Basi and Mr.


Virk's political connections

and experience

as political operatives. drew a clear connection

The RCMP media release and televised briefing on December 29,2003
between Mr. Basi, Mr. Virk and organized crime .. Notwithstanding the exculpatory nature of the November

17, 2003 call between Messrs. Basi Prize, and the meeting 12,2003, the RCMP

and Virk vis-a-vis Minister Collins' approval of the Consolation between Minister Collins and two OmniTRAX elected not to conduct any further investigation Executives

on December

(If Minister Collins.
was the Officer in charge of, and

({j @ By

this point in time, it is clear [hat Sergeant Debruyckere

driving, the RCMP investigative

decision making with respect to Mr. Basi. Minister Collins,

Mr. Virk, and any potential breach of trust of fraud related offences, On December 28, 2003, the RCMP also exercised of Mr. Bornmann. (hereinafter a search warrant on the residence and office

At that time Mr. Bommann made a statement to the RCMP that Aneal Basi

"Mr. A. Basi") was a bona fide contractor working for him.



Subsequent to the search of Mr. Bornmann's
hired George Maclntosh, Q.C. (hereinafter


on December 28,2003, to represent him. commenced

Mr. Bornmann

0. In March

"Mr. Macintosh")

and April 2004, the RCMP and Special Prosecutor wherein Mr. Bornmann would provide infermatien


with Mr.


about the Accused in exchange.

for immunity from criminal prosecution.


Wlr" 7iitF¥au-~/6a-¥$N'T&H-)
in this regard.

67. From the outset of the disclosure process, the defence has sought complete details of the deal
between Mr. Bornrnann, 68. The Special Prosecutor arrangement. his agents, and counsel, and the Special Prosecutor

has provided little detail regarding the terms of Mr. Bommann's that has been provided is that as late as the end of 2004, the had not been

The information

tenus of the arrangement finalized.

between MI. Bommann

and the Special Prosecutor

In fact, the Special Prosecutor

has advised defence counsel that Mr. Bornmann

continues to this day to have the threat of criminal charges brought against him until after he

~2 ,.co~ :..~~


testifies. Defence counsel has been actively seeking the terms of the arrangement Bornmann Prosecutor and the Special Prosecutor. between Mr.

As port of the disclosure to defence counsel, the Special
were and





has advised that: (1) during the fall of 2004, at. time when negotiations the Special Prosecutor

continuing with Mr. Bornmarm,

Mr. Bommann participated in a

small group law course together where Mr. Berardino maintains 70. Subsequent

was lecturing; and, (2) Mr. Berardino

that he was not aware that he lectured Mr. Bornmann at the time. to the search of the Legislature, the media immediately sought unsealing orders for


all the search warrants executed on December The Special Prosecutor the media applications notified Mr. Bommann Bornmann, Provincial

23, 2003 in respect of this matter. of also

has disclosed to the defence that his office notified Mr. Bornmann as they were brought. It is unknown whether the Special Prosecutor Mr,

of the positions he would be taking at the media applications.

Mr. Kieran, and Government

Mr. Elmhirst

continued to engage in the business of lobbying the had been given

and in April 2004, the media reported Mr. Bommann

the "all clear" by the Special Prosecutor. RCMP recognized information.

RCMJ) Briefing Notes at the time indicated that the was behind the release of this occurred after Mr. Bornmann made

this as false, and that Mr. Bornmann

Given that most of the media applications

statements to the RCMP as parr of his deal, the statements being that he had bribed Mr. Basi, and given that the Special Prosecutor has advised the defence that he specifically declined


the government of same, Mr. Bornmann received
Mr. Kieran in


rom this conduct of the

Special Prosl~cutor. of a payment to

his statements to the RCMP in 2004 also made an allegation
Government of this conduct. Again,

Mr. Basi that would have been unlawful. Mr. Kieran also received the benefit
failing to notify the Provincial Government. This conduct of

of the Special Prosecutor

this alJowed Mr. Kieran free to continue lobbying. the Provincial the Special Prosecutor again resulted in a substantial

benefit to Mr. Kieran.

It is notable that

Mr. Kieran announced his retirement from lobbying at the time this Court ordered the release of


search warrant information to become

in March, 2006. It is also notable that

Mr, Bornmann was applying.

a member of the Law Sociefyof Upper Canada in 2006, wherejn that orga,nization Prosecutor of the moumstances
specifically of Mr. Bammann's Again the Special Prosecutor declined to make this notification.

was not noti:fied by the Special of bribery.


72. The Accused were charged in December 2004, From that point forward the Accused have
sought full disclosure from the Special Prosecutor of all dealings between the Special

Prosecutor, the RCMP, Mr. MacIntosh and Mr. Bommann.

The Special Prosecutor has provided disclosure packages in what are referred to as "phases."
Each of these phases has contained Significant and relevant disclosure. disclosed as follows: Phase 1- January 19; 2005; Phase 2 - September December 8, 2005; Phase 4 - May 30,2006; Phase 5 -July The phases were 16, 2005; Phase 3 22,

7, 2006; Phase 6 - December

2006; and Phase 7 - February 15,2007.
In spite of the relevant and substantial volume of disclosure within each phase of disclosure, Special Prosecutor September 75. allowed trial dates to be set in November 2005, April 2006, June 2006, the

2006. December

2006 and February 2007 ... -::st(o::::9!!~_---

The Accused re-elected disclosure subsequent

to a trial by a Judge alone in January 2006. There has been voluminous

to that re-election.


The defence intends to seek Charter relief in respect of: (a) the intercepted private communications Legislative pursuant to Part VI Authorizations P.67 and P.73;

(b) the searches of the

offices of Messrs. Basi and Virk, and the residence of Mr. Basi. the defence seeks a stay of proceedings on the basis of an undermining conduct which of the


Additionally, Accused's

right to a fair trial in respect of; (a) the RCMP investigative

irreparably damaged any ability of Mr. Basi and Mr. Virk to make full answer and defence; (b)

the conduct of the :KCMP and Special Prosecutor Bornmann;

in respect of the dealings with Erik

(c) the conduct of the RCMP and Special Prosecutor

in respect of the media

releases; (d) the continued inability of the Special Prosecutor to provide fun disclosure; (e) consenting to a re-election from a jury trial before full disclosure was complete; and, (f) the to the Crown.

delay to bringing 78.

this matter to trial which is fully attributable

The defence takes the position that at no time did Mr. Basi or Mr. Virk act in a fraudulent, deceitful or criminal manner, but rather acted at all times under the direction of their superiors in the highly political circumstance crucial to determining of their Offices. Certain of the disclosure requests are

whether Messrs. Basi and Virk had consent to act as they did, These

issues in (urn affect Aneal Basi.








As a result of year, ~vided no

of disclosure "'9"0s"

not being adequately addressed,

disclosure no.t being

VI'"'" ~

11$ ,1":d

in a timely fashion, disclosure being provided wit}:l completely


BbililJl: for \be lierence to be satiofied that the Seecial Prosecutor had ru.closod all
the possession of \lle RCMP, defence counsel were forced to bring application to


review the entire police file in this matter to ensure that they had received disclosure of the material, or alternatively, that any material not disclosed by the Special Prosecutor had been



identified. that the Special Prosecutor created with respect to the disclosure

One of the clear problems

process was the failure to identify documents and materials that were not being disclosed to the defence, procedures information This resulted in what can only be seen as a series of untimely and unnecessary including meetings wherein the Special Prosecutor attempted to provide this material. Defence and yet it has

and other less than fulsome attempts to identify non-disclosed complained

counsel have repeatedly

about this problem to the Special Prosecutor,


taken years to adequately

address the issue.

A hearing Q,ecu.rred with respect to this~ and otht1r disclosure issues on October 30 through November 2, 2006. At that hearing. the Special Prosecutor repecatedly told the Court that he file and all documents with respect .rovided or alternative1

(his office) had been through the entire police lnvestigatien

to this case on two separat.e occasions and that all disclosure had been identified adequately

if not p1ovided.


(i} @. @.

Through his submissions in the possession

and filed materials, the Special Prosecutor

suggested that all materials

of the RCMP related to (his case were contained in a Project Room and

Exhibit Room in Victoria at 2881 Nanaimo Street. In the Affidavit of Corporal Mar filed by the Special Prosecutor, statement was that: "electronic Surrey by Cpl. Baker." Throughout his submissions, the Special Prosecutor repeatedly advised the Court (hat all information the only exception to this

seized from government

computers was secured in

material in the possession

of the RCMP was located in the Project Room in Victoria and had Not

either been disclosed to the defence or identified adequately on a list titled "Documents Disclosed." was suggested Throughout the hearing the Special Prosecutor

acted with great umbrage when it

that neither the correspondence

related to disclosure, nor the timing of disclosure

by his office bore out his strong statements and assertions.


One of the clear problems with the Special Prosecutor's case was being distributed perceive largely by phase.

position was [hat the disclosure in this

The disclosure, rather than coming in what would within these phases, to the requests of defence

as an orderly fashion, was responsive, Moreover,


~On , 87.


given the date of the bulk of the material disclosed within Phase 2 and 3

said material ought to have been disclosed within Phase 1. November 14, 2006, following a four-day hearing, this Court ruled that: "I find at this point

it cannot be said that basic disclosure has been mof' (para. 49 of judgment). As a remedy the Court ordered: "it is appropriate accompany documents" in this case

to permit defence counsel to

the Crown and the police to the Project Room to verify the contents of the (para. 50 of judgment),


As a further remedy, the Court provided that; "the Crown will also provide better and more complete indexes of the document that they have disclosed, as well as the documents appear on the not-disclosed list" (para. 51 of'judgrnent), a thorough review of the that


As a result of attending the RCMP Project Room and undertaking entire RCMP file, defence counsel discovered numerous disclosure received to date.

significant problems with the


(j Missing Federal
~. explanation

Liberal Party Tip file ~

During the Project Room review it became clear chat Tip 37-56 (the Federal Liberal Party Tip) was largely missing from the Victoria Project Room, and was told one would be forthcoming. to the Court during the disclosure applications did the Special At the time, defence counsel asked for an


At no time in his submissions Prosecutor

suggest to the Court that the hard copies of relevant B.C. Rail documents that had To the contrary, the SpeCial Prosecutor

been disclosed were in fact not in the Project Room, repeatedly t(Ild the Court that all hardcopies of B.C.

Rail documents were in the Project Room

and that his office had twice reviewed them.
The Indictment witnesses important

;::JiH ~~

before the Court deals directly with the connection of the Accused and certain In respect to the defence, there could be no more



to the Federal Liberal Party.

Tip to establish that the conduct of the Accused in respect of their dealings with these


other persons was always bonafide. The fact that this Ti the Project

and the hard copies of certain docume.nts wer

is not only inconsistent and colltrary to what the Special Prosecutor advised

this COutt. but also creates an enormous problem; where is the materj!Jl and is it limited to the

materials disclosed .lectronically to defence counsel?The Special Prosecutor misconduct the Accused. 95. The Accused require an opportunity

.J.i~ ~


is also aware that key Crown witnesses who make the- allegations


against the Accused were deeply connected to the Federal Liberal

Party, as were

to review any and all material in the possession

of the

RCMP which in any way relates to Mr. Basi, and, in particular, the Accused seek an opportunity to review the materials contained in the Heather Street !POC Project Room and the

Surrey RCMP detachment. ,96. The Accused require a complete inventory of all materials in the possession which in any of the RCMP

way relate to Mr. Basi. If the Special Prosecutor is not prepared to disclose

;certain materials related to Mr. Basi, he must identify those materials so that defence counsel can bring appropriate



of Prnvincial Liberal Party investigations of MJ:'.Basi@
political operatives for the Provincial


It is clear that Messrs. Basi and Virk were significant


Liberal Party. One issue at trial will undoubtedly be the extent of the operations to which Mr. Basi was tasked by his political masters. It is clear through some disclosure that the RCMP have extensively investigated various political and quasi-political activities of Mr. Basi in relation to Provincial politics.



It has become clear from the disclosure provided and the Project Room review, that the RCMP

extensively investigated Mr. Basi in respect of his dealings and relationships with the Provincial Liberal Party. There appear to be an enormous and seemingly unlimited number of materials in the possessjon of the RCMP that have ot been disclosed to the defence egarding Mr. Basi and his connections and dealings in this.regard. Moreover, these materiab have never been adequa.tely identified to the defence and the Special Prosecutor has not advised whether he has reviewed these materials to detennine relevance. It is clear that there are many documents that the RCMP have in their possession which have ...not been identified in any form to defence counseL but rather the RCMP and Special Prosecutor know of their existence and arechoosinglnot to



on the basis of irrelevance or

privilege. This poses a significant difficulty to the defence in that the defence is not aware of how many relevant documents pertaining to other investigations of Mr. Basi are in the possession of the RCMP and Special Prosecutor, The defence in not able to bring application for these documents as there bas been no inform ation provided in respect of same. of all materials in the possession of the RCMP hich in any

relate to Mr. Basi, and, in particular, the Accused seek an opportunity to review the materials contained in the Heather Street IPOC Project Room and the Surrey RCMP detachment. 101. If the Special Prosecutor is not prepared to disclosure these materials, the Accused require adequate information regarding same in order that they may pursue appropriate application. ~ ~he Documents located in the Project Room which have not been disclosed and are not identified on "Documents Not Disclosed" list @Ouringthe 'Project Room review, it became apparent that there were numerous documents

contained ill binders and boxes which had neither been disclosed nor listed on the "Documents Not Disclosed" list. This repeated and remarkable occurrence is completely contrary to, and inconsistent With, the Special Prosecutor's representations to the Court..:.Ina recent letter, the Special Prosecutor suggested that these documentsare IPOC materials which should not have been in the B.C. Rail Project Room at all. 14

G9>. The Special


has advised the Court and defence counsel that the entire IPOC file had A review of the undisclosed hard copy documents in the

been disclosed to the Accused.

Project Room reveals that these documents

are not contained in the IPOC file disclosed to the


time a document was located in the Project Room that had not been disclosed to the Not Disclosed" Iist, neither the Special Prosecutor

defence, nor identified on the "Documents

nor RCMP members were able to provide an eJ(planation for same.

Prosecutor. . ~~ ~~ ~ ,~ 106. The Accused have significant concemslhallhe

disclosure erocoss has been effectively

neutraliz;ed by Ibe RCMP and Special Pro S ,,"ulor' s JhlIure to provide or identifl in their possession,

aU do"""''''''''

It is trite to say that there is an absolute obligation on the part of the

Special Prosecutor and ReMP to identify for defence all documents that they possess so that the defence may pursue same on application. Special Prosecutor investigation The Accused are concerned that the RCMP and of disclosure. Where one or non-identification in

are arbitrarily defining the parameters

starts and another stops is not a basis for non-disclosure of this case.

the circumstances

107. The Accused require an inventory of, and an opportunity the possession

to review in person, all materials in the

of the RCMP which in any way relate to Mr. Basi, and, in particular,

Accused seek an opportunity

to review the materials contained in the Heather Street IPOC

Project Room and the Surrey RCMP detachment. 108 . .If the Special Prosecutor intends to assert a privilege over any document, that document must must be provided in respect of

be identified for defence counsel and adequate information same.

Officers' notes disclosed in Phase 6 and Phase 7 disclosure packages
109. From the earliest disclosure requests forward, defence counsel have sought notes related to this investigation.

all police officers'


110. And in the face of the Special Prosecutor's substantially complete.

repeated assurances to the Court that disclosure is a disclosure package entitled "Phase 7" was to Mr. McCullough and Mr. Doyle until

on February 16,2007,

provided to defence counsel (it was not provided February 19, 2007),

111. Phase 7 contains 61 pages of new notes from Sergeant Lawson, one of the key investigators


this matter, 47 pages of which are from the period of March 3 - May 10, 2004. These notes are directlyrelevant Indictment, Bornmann to the cancellation of Robert's Bank, the subject of one count in the

and extensively and his counsel

relate to dealings between the RCMP, Sergeant Lawson, and Mr.

Mr. Maclntosh in respect of cutting a deal to be a witness rather

than an accused in this case. @"here

has been absolutely no explanation for why these notes have not been disclosed
and in fact, defence counsel were previously advised that they had all the notes of


Sergeant Lawson and that there were no further notes. 113. Notwithstanding the numerous representations by the Special Prosecutor that all the hard copies

of all materials were in the Project Room in Victoria and that all relevant disclosure had been made to defence, in the Phase 6 disclosure package provided to the defence on December 22, 2006, 97 pages of notes Inspector Callens were provided. 114. The disclosure requesting materials. These notes dated back to 2003.

of Inspector Callens' notes occurred only as a result of defence counsel

same during the Project Room review, as the notes were not included in the

115. Inspector Callens' notes are highly relevant as he was one of the key decision makers in the
investigation, At the time of the request it was clear that the Special Prosecutor had ebsolutely

no idea as to whether Inspector Callens even bad notes. let alone 97 pages of critical ones. 116. In the Phase 7 disclosure Constables package the Special Prosecutor provided investigator notes for

Lea and Airey from 2003. These two investigators

are the Affiants for the P.67 and preceding the application

P.73 Authorizations.

The notes are from the time period immediately

for these Authorizations, 117. In the Phase 7 disclosure and Commissioner issues of searching

Again defence counsel had been advised that no such notes existed. package there were also notes from Superintendents Bent and Bussen

Maclntyre, These notes al~dale back to 2003 and deal with the critical
the Legislature and the implementing the surveillance of the December 12,

2003 meeting between Minister Collins and OmllliTRAX Executives. 16

118. To date, the Special Prosecutor

has provided no adequate explanation

for how these substantial

and material police notes have not been included in earlier disclosure packages.

119. The Accused request an Order requiring the Special Prosecutor to ensure that any and all police
notes, wherever they may be located, be provided to defence counsel immediately.

120. Further, the Accused request an Order requiring the Special Prosecutor to ensure that all
members of the RCMP have provided all information matter and any other investigations pertaining to the Special Prosecutor related to this

to Mr. Basi.


of December 12, Z003 surveillance .fMinister


@. During

0H~) .
plan with respect to

the Project Room review a number of videotape cassettes were discovered which had <f--to defence counsel. Upon their discovery. it became clear that the 12, 2003 meeting between Minister

never been disclosed videotapes

related to the surveillance Executives

of the December

Collins and OmniTRAX

Pat Broe and Dwight Johnson. surveillance

@. The RCMP

had implemented

a detailed and comprehensive

the actions of Minister Collins in relation to his approval of the Consolation Prize for Obviously if it were the case that Minister Collins did approve the Consolation affect how the RCMP were assessing and treating the conduct of

Prize, [his would materially the Ministerial Assistants

Messrs. Basi and Virk,


The relevance

of Minister Collins' conduct and behaviour could be seen in a series of events

that commenced in or about the beginning of November 2003. wherein OmniTRAX was
considering withdrawing their bid for B.C. Rail. CP Rail had recently withdrawn their bid

because they believed the process was unfairly weighted towards CN Rail. It was clearly in the Provincial government's political interest to have an auction with more than one bidder. were aware of a series of intercepted Pilothouse (OnmiT.RAX's communications between

@ At this time the RCMP
OrnniTRAX Executives,

lobbyist) and Mr. Basi, Ministerial

Assistant to Minister CoJIins, the Minister in charge of the

s.c. Rail

sale. During those calls it Prize.

became clear that Minister Collins was apparently authorizing

the Consolation

@ OfparticuJar


to the RCMP, and of call on November



to the Ministerial

was an intercepted

17, 2003 wherein Mr. Basi advised Mr. Virk Prize,

that Minister Collins bad in fact approved the Consolation




the RCMP was aware that Mr. Virk was dealing directly

with Minister Collins on the sale of B.C. Rail, and was speaking with him frequently. significance of


this was not lost on the RCMP as they were also aware of the very close


relationship Subsequent

between Mr. Basi and Mr. Virk. to the November

17, 2003 phone call between Mr. Basi and Mr. Virk, the RCMP
communications that Mr. Basi organized a private meeting The meeting was not only Prize, but was

learned through further intercepted

between Minister Collins and the OmniTRAX completely

E ...eeutives.

consistent with Minister Collins having approved the Consolation

also scheduled during the bidding process for Robert's had expressed an interest.

Bank, an asset in which Omni~

128. The defence has repeatedly

advised the Special Prosecutor Executives

of the significance

of the meeting

between Minister Collins and OmniTRAX

and the surveillance

of same. surveillance and a

129. The Phase 7 disclosure package included the notes of the officers conducting surveillance report that had never been previously identified. videotapes,

130. The Accused require an Order that any and all photographs, information with respect to this surveillance

other related

operation be provided immediately.


Statement of Erik Borum.nn •


( I\-



in late January 2007, the Special Prosecutor

advised that there would be

disclosure of a further statement of Mr. Bornmann

taken in February 200S. This statement was

included within the Phase 7 disclosure package, although it bad been emailed to defence counsel on January 29,2007 after it was discovered during the P-roject Room review.

@ This statement
Indictment Accused.

is highly relevant, deals directly with the issues in respect of the Direct deals with alleged benefits and the provision and of same to the

and, most importantly, The non-disclosure

of this statement is unfathomableg

it is a clear indication of

the Special :Prosecutor's knowledge of coordinated

control over the disclosure process and incomplete of 1.heRCMP. and information Clark").

of the materials in the possession

~""~ rr; ~

@. Moreover,

111r.Bornrnann has also provided statements

relating to another

potential Crown witness.JBruce Clark hereinafter m.ade by


The .statements and allegation thatMt. Clark

Mr. Bormnann against Mr. Clark in.... olve



bribed Mr. BaSi. To date, the defence has

received the entirety of Mr. Bommanrr's

statements against Mr. Clark although they-relate directly to this investigation.











# ... __

34 t is clear from. the non-disclosure of the statement of Mr. Bommann that there may well be other materials, statements, partial statements, or other important information related to witnesses in the possession of the RCMP and Special Prosecutor which remain undisclosed. 135. The Accused require an Order that there be disclosure of any and all information that relates in any way to a witness) including any statements, any partial statements, and will-say statements, or other related information which in any way relates to this investigation or Mr. Basi. Federal Libera) Party donor lists 136. Disclosed document 90022073 reveals that Corporal Cowan attended the B.C. offices of the Federal Liberal party in March 2005, and seized donor lists. 137. During the Project Room review, defence counsel inquired as to where the donor lists were located within in the Project Room. Given that the Special Prosecutor's office had been through the Project Room on two prior occasions, defence counsel thought this was a readily answerable question, Given that Corporal Mar was also present and in charge of the disclosure process, this only fortified the defence belief that this was a readily answerable question. 138. Within the Phase 7 disclosure package there are two lengthy and highly edited spreadsheets which appear to be donor lists. Defence counsel are' unable to ascertain whether or not these are the seized documents requested,

Crown Witness List 139. From the outset of this case, defence counsel has repeatedly sought a list of witnesses the Crown intends to call at the trial of this matter. List of Documents Seized Pursuant to Search Warrants Tender in Evidence at Trial 140. Defence counsel has requested a list of the items seized at each of the following locations which the Special Prosecutor will seek to tender in evidence at this trial: a) Basi's office at the Parliament Buildings. b) Virk's office at the Parliament Buildings. that the Special Prosecutor will Seek to


c) The Government

email server at 4000 Seymour Place, Victoria. Terrace.

d) Basi's residence at 5064 Cambriawood 141. The defence requires this information

in order to determine which. if any, of the search

warrants will be the subject of a Charter challenge. 142. Defence Charter notices are due to be filed on March 5, 2006.

Source Witness Debriefing Reports
143. Defence counsel has requested the Source Witness Debriefing Reports in preparation wiretap voir dire. This request has been outstanding 144. The Special Prosecutor for the

for many months.
twenty-two (22) of

has recently advised that they will be providing

these reports without Court Order. provided and the Special Prosecutor

To date, no Source Witness Debriefing

Reports have been are to be

is aware that the' defence wiretap applications

filed by March 5, 2007.


of Intercepted


from Authorizations

of P.32 and P.53
and audio

145. As early as May 9, 2006, defence counsel have repeatedly requested transcripts recordings of the following communications

Intercepted pursuant to the P.53 Authorization:




Page # of Cst. LEA

Aug.22/03 Aug.29/03 Sept.5/03 20:56 18:08 Bains


7 Bains-Ladha


Bains-Ladha ~ Bains
Sandhu ~ Finance Minister's office Sandhu ~ Des@jh Bains ~\l/k male Bains ~ Zader Bains ~ Bains-Ladha Bains ~ Duval



Sept.25/03 Sept.27/03

72 104

2]:16 22:11

113 122 123


Jlt.6. In addition, the defence requires an Order that the Special Prosecutor transcripts of the following intercepted communications: Time



Date 2003-09-08 2003-09-17 2003-09-17 ~W03-09-18 2003-10-06 2003-10-06 2003-09-22 2003-09-25 2003-09-30 2003-10-06 2003-10-06 2003-10-07 2003-10-08 2003-09-20


Sandhu ~ Basi Sandhu ~ Basi Basi ~ Sandhu Basi-s Sandhu Basi ~ A. Fisher

# 646 955 961 994

1br~ 11:20 16:00 22:01 21:20

22:13 11:42 19:50 13:47


Basi ~ A. Fisher
Bains ~ Basi Bains 7 Zadet:i_Basi Bains


-7 Basi

Bains ~ Basi Bains ~ Basi; Jag Bains; u/k _Q_erson Bains -7 Jag Bains; Basi Bains



368 10

20:01 11;36

-7 Basi

Bains 7- Basi

B.C. Rail Bid Dncuments @s early as March 151 2006, defence counsel has repeatedly requested the following disclosure:
(a) With respect to the divestiture of the BeR Freight Division, please provide copies of the first and second round bids and any additional information submitted by the final three proponents; (b) With respect to the proposed divestiture of the BCR Port Subdivision, please provide the first and second round bids and any additional information submitted by the proponents




The Special Prosecutor has advised defence counsel that this request has been forwarded to a <> representative of the Provincial Government for their consideration. (


149. The defence has not yet received a response to thiis request Documents Pertaining to the Extent of the L05se5 Suffered by Bidders

150. As early as January 30, 2006, defence counsel has repeatedly requested the following disclosure: Copies of all correspondence amongst the RCMP, its legal advisors. including correspondence of any Special Prosecutor and/or Crown Counsel, the Government of B.C. and BCR pertaining to the following issues:
i, Any losses incurred by the proponents in the Freight Division sale;

ii. Any consideration as to whether the sale of [he Freight Division ought to have been rescinded and whether any compensation should be provided to any proponent, including the successful proponent;
iii. Any suggestion that CN paid too much or too little for the Freight Division;

All communications pertaining to whether the Port Subdivision bidding process ought to be cancelled;

151. The Special Prosecutor has advised defence counsel that this request has been forwarded to a
representative of the Provincial Government for their consideration, 152. The defence. has not yet received a response to this request. Briefing Note provided to Commissioner Zoccardelli 153. The defence has received disclosure of a memorandum sent to Commissioner Zaccardelli for the purpose of obtaining his consent to search the Legislature pursuant to RCMP policy. That memorandum references an attached Briefing Note, although it is not specifically identified. 154. This memorandum was located during counsels' review ofthe RCMP Project Room in Victoria. However, the said Briefing Note was not attached. The Accused require immediate disclosure of same. Multimedia disclosure 155. The defence has also received disclosure electronically of many items within a grouping called "Multimedia". This disclosure contains many crucial and important matters, including the 22

~- '

documents seized from the hard drives of the work computers of Messrs. Basi and Virk. 156. Apart from a limited index for some statements contained within the Multimedia disclosure and a listing of intercepted communications by date only (and not party), there is no index for these materials. An example of the problems caused by the lack of indexing is with respect to the disclosed intercepted communications. Without opening the audio file or transcript of each individual call, it is not possible to determine the parties to the call, 157. The Accused require a complete inventory for the Multimedia disclosure, including an index of all wiretap calls, an inventory of the contents of Mr. Basi's and Mr. Virk's computers, and a complete inventory of all other materials disclosed by way of the Multimedia package. Documents seized Illy the RCMP which were Subject Ito the Document Protocol 158. On December 28. 2.003~thirty-three (33) boxes of documents were seized from the offices of Messrs. Basi and Virk in the Provincial Legislature. Due to a concern that some of the documents might be privileged. the RCMP did not immediately review the seized documents. Instead. the seized documents were delivered to the Vancouver Supreme Court Registry. 159. In January 2004, the Special Prosecutor and Mr. George Copley, Q.C., counsel for the Provincial Government, designed a protocol for reviewing the documents. The investigation was then in its initial stages. Mr. Copley first identified all documents over which the Provincial Government would claim privilege. Those documents were then reviewed by Mr. Justice Dohm, A.C.J. to determine whether the documents were relevant to the investigation. It is uncertain what materials Mr. Justice Dchm, A.C.l. referred to while reviewing the documents. The Provincial Government subsequently waived privilege over all documents which Mr. Justice Dohm, A.C.J. deemed potentially relevant to the investigation. The documents which were not deemed relevant were returned to the custody of Provincial Government. 160. At the urging of defence counsel, the Special Prosecutor reviewed the documents in the custody of the Provincial Governmentthat had been deemed irrelevant by the Associate Chief Justice. As a result of that review, the Special Prosecutor wrote to defence counsel on December 12, 2006 and advised that he would be disclosing certain of the documents previously deemed as irrelevant These documents were included in the most recent Phase 7 disclosure package.

161. On January 30, 2.007, defence counsel reviewed the list of documents reviewed by the Special

Prosecutor disclosed. documents.

and determined

that there may be further relevant documents which had not been

Defence counsel requested that the Special Prosecutor provide 76 additional

162. By letter dated February 7~ 2007, the Special Prosecutor advised that defence counsel would
have to provide «some reasonably focused explanation requested are relevant to this proceeding". to sell B.C. Rail was fraught with political of a previous election promise not to as to why documents you have

163. The decision by the Libera] Government controversy,

largely because it was in direct contravention

sell B.C. Rail. The Liberal Government due to their decisions surrounding project.

had recently suffered serious losses of political capital Highway

other major projects, including the Coquihalla

The B,C. Rail bidding process therefore had to be handled with the utmost political

care. given this sensitive political climate. 164. The requested Government, documents are relevant to an assessment of the political pressure that the Liberal were under at

and by extension, Messrs. Basi and Virk as Ministerial Assistants,

the time of the B.C. Rail bidding process. and Mr. Vide as Ministerial Assistants

They are therefore relevant to conduct of Mr. Basi

during the B.C. Rail bidding process.

Index of Tip 47 - "Tjps from Members of the Public"
165. On June 15~ 2006, the Special Prosecutor provided certain documents contained within Tip 47~

entitled L1Til)S from Members of the Public" to defence counsel in hard copy. 166. During the Project Room review, the Special Prosecutor advised that an improved index of Tip


47 would be provided to the defence.

To date, the Special Prosecutor has not provided same .

Undisclosed Witness Statement Pertalning 10 Two Crown Witnesses ~one
document summary

contained within Tip 47 has been described by the Special Prosecutor
on the condition of anonymity".

as a

of "an interview with a member of the public who provided the RCMP with his

opinion of two witnesses ~ring

the Project Room review, the Special Prosecutor provided more information witness statement. Defence counsel learned (hat this witness provided information

about this with respect

to two Crown witnesses, requested disclosure

both of whom will be called at trial. Defence counsel immediately

of this witness statement.


he Special Prosecutor and RCMP have refused to provide this statement, advising that its disclosure would breach the third party privacy rights of this i -_ and the two witnesses. 'idual



~r~ (()


- ,..




170_ Hundreds of documents in the possession of the HeMP and the Special Prosecutor have been

disclosed in a substantially vetted such that their contents cannot be seen by defence counsel. 171. Hundreds of documents in the possession of the HeMP and the Special Prosecutor have not been disclosed in any form, and are referred to by the Special Prosecutor and Defence Counsel as the "Documents Not Disclosed". Be RAIL DISCLOSURE 172. The defence makes application for the following documents from Phase 1 which have been provided in a vetted form:
90000836 90000838 90000847 90011877 90011914 90011939 90012623 90012627-628 9001Z630 90012645 90012779 90013559 90013688 90013706 90014081 90014890 317,318,319,323,324) Debruyckere's notes; 90013327 90013330-331 90013347


90000849 90003966
90005079 90007030

90013372 90013387 -388 90013391 90013400-401 90013405 90013409 90013413·414 90013416-417


9000!1098 90009109

90013458 90013372 90013391 9001.3270

90018940 90019263
COWIlfi' 5

90013440 90013470-472 90013475

90013294 90009109 90009123
90011991 90009126 90009130

notes; 90012843 (pp. 18, 20, 158.159)

90010562 90010601-602 90010608 90010610

Debruyckeres notes: 90013121 (pp. 15, 32, 33, 39,51. 72, 73, 78) Debruyckere's notes; 90013205 (pp. 15, 19, 29,

90013517 Lawson's notes: 90014987-988 90014996

90011778 90011192-798

32,35.36.42,43,44,45, 46.47,48,70, 75,82~83, 93,94,98,306,312,313.





90014070-472 90014079-081 90014089-091 90014108 90014111-113 90014122 90014133 9001413g 90014140 90014150 90014165-166 90014174-176 90014178 90014186 90014196-198
Lawson's notes

90017307-308 90017311-313 90017315 90017319-320 90017322-:325 90017333 90017339-340 90017346
Bishop's notes

90018433 90018450 90018457-458 90018460-464 90018466 90018480
Taylor's notes:

90017410 90017413 90017416-420 900174~0-435 90011438-440
Boucher's notes;

90015862 90015888 90015895 90015898 90015906-907 90015965-966 90015975 90015978
Mar's notes

90016224 90016226
Fozard's notes

Finner's notes

90018112 90018115-116 90018120~123 90018126 90018128-129 90018135 90018158-160 90018168 90018172 90018179 90018182 90018185 90018318 90018325 -326 90018335
Debruyckera's notes:

90017153-179 90017159 90017160 90017161-163 90017186 90017229 90017233 90031578 90031580 90031582 90031584 90031590 90031592 90031594 90031596 90031600-612 90031614 90031616 90031618 90031622

90017300 90017302

90018409 90018421

173. The defence makes application for the following documents from Phase 2 which have been

disclosed in a vetted form: Mar" s notes; 90020976-985 90020990 90020018
Cowan's notes: Lawson's notes:

90021105 90021111 90021118 90020120

90021296 9002.130tl. 90021306 9002130~: 90021327 90021336 90021345 90021524-526 90021527 90021530

90021546 90022143
Cowan's notes:

90023726 90023735 90024222
Lawson's notes:

90025853 26



90025861~862 Debruyckere's notes;

90025922 90025925 9002.5935 90025938 90025941

90025969 90025997 90026007-008 9002601290026023 90026027 90026039-040 90026042 90026044

90026054 90026056-057 Buerk's notes: 90027023 90027143 Ma's notes; 90027329



174. The defence makes application for the following documents from Phase 3 which have been disclosed in a vetted fonn:
Lawson's notes: 90028390-391 Mar's notes: Ward's notes; 90028682 90028684-687 90028694


175. The defence makes application for the following documents from Phase 4 which have been disclosed in a vetted form:
Bishop's notes: 90021:547 90021241-247

9002l:Z03·206 90021210·225

Taylor's notes:

176. The defence seeks disclosure of every vetted document within disclosure phases 5-7.

177. The defence makes application for the following documents from the drug investigation which have been disclosed in a vetted form:
Z0030808 kgm.pdf 20050126 pmr.pdf 20030808 kgm.pdf 20031020_ Email_rose..pdf 20031021._ AS _ RgI.pdf 20050127 letter pmr.pdf

DOCUMENTS NOT DISCLOSED 178. The defence makes application for the following documents in the possession of the Special Proseclltor/RCMP which have not been disclosed in any form to the defence:



.. 90030734 90030836 90030880 90031966 90032046-070 90032347 90032.898-902 90000790 90000845·846 90002852-855 90002.856 90003011 90005955 90005956 90005957-959 90005960 90008861 90008862-863 90008864 90008865 90008866 90008867-868 90008869 90008870~871 90008874-875 90008876 90008877 90008B78 90008881 90008882 90008883 90008884 90008885 90008886 90008887 90008888 90008890 9000889290008897 90008890 90008901 90008903 90008904 90008905 90010559-561 90010616 90010617 90010618 90010619 90010620 90011728-730 90011733 90011756 90011773 90011774 90011776 90011896 90011989 9001234490012483 90012.484 90012618 90012.686 90012720 90012721 90012722. 90012723 90012724 90014086 90014087 90014088 90014090 90014660 90014837 90014838 90014839 90014843-844 90014845 9001.4848 90015317 90015319 90015455 90016934 90016961 90016962 90016963 90016966 90016995 90018008 90018495 90018496 90019978 90019982 90019995 90021679 90022103 90022125 90022129 90022147 90022252 90027381 9002.7489 9002.8435 90028437

90001336-341 90001411 90001414 90001492·495 90004671-680 90004685 900049Hi 90008380-384 90008388-389 9000842.8-429 9000B461-465 90008467 90008470 90008529-530 90009310 90009315-316 90009452 90009458-462 9000946490012.597 900148BO 90014883-884 90018796 90018069 90018078-079 90018090 90000042 90000167 90003250 90004841 90007815 90007816 90007817 90007818 90009181 90018965 90019299 90019310 90019318 90019326 90021623 9002162.6 9002.1627 90022177 90022178 90023493 90025719 90027380 90027556 9002.7557 90030676

90028445 90028465 90028486 90028517 90030634

90031320 90030376 90030145 90030952. 90032346

90032347 90032348 90032831 90032897 90032897



@. There

are many relevant materials with respect to (his investigation

that have not been


The Special Prosecutor's


regarding an inventory oftbe material and

their office·' s understanding

of all of the materials that may be relevant has simply not been. which

borne 9ut. The hard copies of many documents potentially ~ Room,

are relevant to the Accused, arid


other documents which remain undisclosed,

are not located in the Victoria Project

There are many apparent investigations and implied

of Mr. Basi which the SpecialProseculoT and This is an

RCMP hav~ suggested untenable

are discreet and not relevant to this matter.

position and the Special Prosecutor

and ReMP must provide. complete disclosure so

that the Accused may bring application

for these materials.

4~::;;dI--has been

@. The Accused

submit that the disclosure proc.ess {:ngaged in by the Special Prosecutor

and ~ontinues to be materialJ:: flawed.

To date (here is sull major djsclosure- that has not been

made to defence counsel of materials that are in the possesSion of the:

ReM! and

must be made

@) In the past

months, there has been major disclosure of relevant material and police notes from

2003 and 2004, and a material witness statement from 2005. These disclosure materials were neither contained their untimely in the Project Room, nor has there been any meaningful explanation as to



182. An Order to allow defence counsel an opportunity possession to review any and all material in the the Accused seek

of the RCMP which in any way relates to Mr. Basi, in particular,

an opportunity

to review the materials contained in the Heather Street IPOC Project Room and

the Surrey RCMP detachment; 183. An Order requiring the possession the Special Prosecutor to provide a complete inventory of all materials in is

of the RCMP which in any way relate to Mr. Basi. If the Special Prosecutor


not prepared to disclose certain materials related to Mr. Basi, he must identify those materials so that defence counsel can bring appropriate 184. application;

An Order requiring the Special Prosecutor to ensure that any and all police notes, wherever
they may be located, be provided to defence counsel immediately;

185. An Order requiring the Special Prosecutor to ensure that all members of the RCMP have
provided all lnformaiion investigations 186. pertaining to the Special Prosecutor to Mr. Basi; related to this matter and any other

An Order that any and all photographs, videotapes, or other related information with respect to
this surveillance operation be provided immediately;

187. An Order that there be disclosure of any and all information that relates in any way to a
witness, including related information any statements, any partial statements, and will-say statements, or to or other

which in any way relates to this investigation

Mr. Basi;

188. An Order that the Special Prosecutor provide a complete witness list;
189. An Order that the Special Prosecutor provide a list of documents seized pursuant to search warrants that the special prosecutor will seek to tender in evidence at trial; 190. An Order that the twenty-two Prosecutor (22) Source Witness Debriefing Reports that the Special

is willing to provide be provided immediately; Source

191. An Order that the Special Prosecutor provide an inventory of all remaining undisclosed Witness Debriefing 192. Reports so that the defence may bring application for same;

An Order that the Special Prosecutor provide the audio recordings and transcripts of the
intercepted communications listed in paragraphs 145-146, herein;

193. An order that the Special Prosecutor provide, with respect to the divestiture of the BCR Freight Division, copies of the first and second round bids and any additional information and, with respect to the BeR Port Subdivision, submitted by the proponents; amongst the RCMP, submitted by

the final three proponents,

the first and second

round bids and any additional information

194. An Order [hat the Special Prosecutor provide copies of all correspondence its legal advisors, including correspondence the Government i, of of any Special Prosecutor to the following issues:

and/or Crown Counsel,

B.c. and

BCR pertaining

Axty losses incurred by the proponents

in the Freight Division sale;


Any consideration as to whether the sale of the Freight Division ought to have been rescinded and whether any compensation should be provided to any proponent, including the successful proponent;


Any suggestion that eN paid too much or too little for the Freight Division;
All communications pertaining ought to be cancelled; to whether the Port Subdivision bidding process

195. An Order that the Special Prosecutor provide the Briefing Note provided to Commissioner Zaccardelli, referred to in paragraph 153-154, herein: provide the seventy-six (76) documents requested by

196. An Order that the Special Prosecutor

defence counsel in their letter of January 30,2007; 197. An Order that the Special Prosecutor provide an improved index of Tip 47;

198. An Order that the Special Prosecutor provide the witness statement described by the Special

Prosecutor as


interview with a member of the public who provided the RCMP with his
on the condition of anonymity"; provide further and better particulars of all "Vetted

opinion of two witnesses

199. An Order that the Special Prosecutor documents

contained within disclosure phases 6 and 7;

200. An Order that the Special herein.

Prosecutor provide all documents listed in paragraphs 172-178,



that in support of this Application

the Accused will file such

further materials as are necessary and as this Court will permit.

DATED at Vancouver,

British Columbia,

this February 26th,


Names and Addresses

of Counsel:

P. Michael Bolton, Q.C Claire Hatcher Bolton & Muldoon Barristers & Solicitors 360 -1122 Mainland Street Vancouver, B,C. V6B 5Ll Tel, 604687-7078; Fax 604 687-3022



Kevin McCunough Kristy Sim McCullough Blazina Dieno Barristers & Solicitors
ZndFloor, 1011 Fort St.
Victoria, B.C. Y8Y 3K5 Tel. 250 480-1519; Fax 250 480-4910

Jo,seph D~yle
Johnson Doricic Doyle Banisters & Solicitors 2ndFloor. 195 Alexander Sf. Vancouver, B.C. V6A lBB Tel. 604 688-8338; Fax 604 688-8356


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