Liberal MLA and former solicitor-general Kash Heed is under investigation for two counts of criminal breach of trust related to alleged financing irregularities in the aftermath of the 2009 election campaign, says a police information document sworn out to obtain several search warrants.
Police also allege that Mr. Heed did not tell the truth during two interviews with investigating officers when he denied signing a cheque for a campaign worker after the election.
“Based on the evidence, and contrary to Kash Heed’s statements, I believe that Kash Heed is not telling the truth,” a police officer wrote in an affidavit.
The new police claims are the latest twist in an ongoing saga involving Mr. Heed, in which he was twice appointed solicitor-general by Premier Gordon Campbell, and twice was forced to resign from cabinet over controversy surrounding his victory in the last provincial election.
The warrant applications, obtained by local CTV News, contend that Mr. Heed signed cheques totalling $6,000 that were paid out to two campaign workers shortly after the election. However, the funds were not declared in Mr. Heed’s election expenses report.
The cheques – $2,000 to Sameer Ismail and $4,000 to Mr. Heed’s campaign manager, Barinder Sall – were written on the newly elected MLA’s constituency account, public money made available to all members of the provincial legislature.
As part of the lengthy affidavit submitted to Provincial Court Judge Peder Gulbransen, RCMP Sergeant John Taylor charged that the money was not provided to the individuals for constituency work, but for their efforts during Mr. Heed’s election campaign.
“By concealing campaign expenses and by using public funds for political purposes, Kash Heed breached the standard of responsibility and conduct demanded of him by the nature of his office,” Sgt. Taylor declared in the affidavit. “Therefore, I believe Kash Heed committed the offence of breach of trust, contrary to section 122 of the Criminal Code.”
Sgt. Taylor further alleged that, by signing the cheques, Mr. Heed “took an active role” in presenting “false or misleading information” in his election financing report.
According to Sgt. Taylor, in an interview with police, Mr. Heed denied paying Mr. Sall for anything after the election.
The police officer’s allegations have not been proven in court, nor has Mr. Heed been charged with any offence.
RCMP spokesman Sergeant Tim Shields said on Tuesday that police have essentially completed their investigation and forwarded all materials to special prosecutor Peter Wilson several weeks ago.
“Any future steps will be determined by the special prosecutor,” he said, adding that he couldn’t speculate on when a decision would come down.
Sgt. Shields declined further comment due to the “sensitive” nature of the investigation.
Mr. Heed did not respond to voicemail messages. He told CTV earlier on Tuesday that he was shocked by the latest development and would continue to co-operate fully with police.
The police investigation began over complaints about a provocative, anti-NDP brochure in Chinese and English that circulated during the final days of the 2009 election. The brochures did not contain any markings linking them to Mr. Heed’s campaign.
Last May 3, after special prosecutor Terrence Robertson looked into the matter, Mr. Sall was charged with three counts of Election Act improprieties, two counts of obstructing justice and one count of falsifying a document.
Dinesh Khanna, who is alleged to have been the publisher of the pamphlets, is facing two counts of obstructing justice and three counts of violating the Election Act, while financial officer Satpal Johal is charged with failing to ensure that election expenses were properly recorded.
Mr. Robertson cleared Mr. Heed of any wrongdoing.
It was then discovered that Mr. Robertson’s law firm had donated $1,000 to the provincial Liberals, and a new special prosecutor, Mr. Wilson, was appointed. He has yet to issue his recommendations.
Sgt. Taylor said the added allegations arose from material police uncovered in their first probe of the affair.
Police sought permission to search the premises of the West Vancouver Police Department, which Mr. Heed headed before he resigned to run for office, and his Vancouver-Fraserview constituency office.
The documents contain one particularly candid e-mail purported to come from Mr. Heed while he was still police chief in West Vancouver, and had not declared his candidacy.
Vancouver-Fraserview was represented at the time by then attorney-general Wally Oppal, who was persuaded to seek re-election in Delta South to make room for Mr. Heed. In a close battle, Mr. Oppal lost to independent Vicki Huntington.
Dated Sept. 11, 2008, Mr. Heed’s e-mail to Mr. Sall is said to read: “Wally is getting on and needs to be put out to pasture soon, maybe a stud, maybe not. You have a stallion that has been in training for some time and you and everyone else knows he’s a winner, but can’t wait on the sidelines forever.”
Crown spokesman Neil MacKenzie said his office is still waiting for the special prosecutor’s final report.
