Special Prosecutor Bill Berardino won a landmark appeal Thursday when the Supreme Court of Canada unanimously overturned two B.C. lower court rulings about secret witness testimony in the B.C. Rail corruption case.
The decision means testimony about protecting a police informer's identity will take place with defence lawyers, media and the public all excluded - leaving only trial judge Anne MacKenzie and the Special Prosecutor present in B.C. Supreme Court.
It also means the trial of former B.C. Liberal ministerial aides David Basi and Bob Virk could start as early as January 2010 - unless defence lawyers succeed in having it dismissed with abuse of process motions to be introduced soon.
Basi and Virk are alleged to have provided confidential information about the $1 billion privatization of B.C. Rail in 2003 to lobbyists acting for a bidder in exchange for money and other benefits, leading to an unprecedented police raid of the B.C. Legislature on Dec. 28, 2003. But the trial has yet to begin due to legal battles over disclosure of evidence.
Special Prosecutor Bill Berardino told 24 hours he was pleased with the decision but Basi's lawyer Michael Bolton said it will not impact defence efforts to have the case thrown out and to seek further disclosure.
NDP MLA Leonard Krog has mixed opinions about the decision.
"The good news is there's a much better chance that this case goes to trial," Krog, told 24 hours. "But it's bad news that not even the accused's legal counsel can be present in court for testimony."
