Kash Heed has resigned, for the second time in less than a month, over alleged Elections Act improprieties.
Mr. Heed was reinstated to cabinet on Tuesday, after special prosecutor Terrence Robertson cleared him of wrongdoing but laid charges against some of the solicitor-general’s top campaign aides.
Late on Tuesday, Mr. Robertson revealed his firm had contributed to Mr. Heed’s election campaign, and quit the file.
Mr. Heed spoke to reporters in Victoria Tuesday night and maintained he did not need to step aside. Wednesday morning he said that he had changed his mind during the course of Tuesday evening and had told the Premier Gordon Campbell his decision that morning.
“I’ve had an opportunity to reflect on a rapidly-moving and, there is no other way to describe it but, bizarre process,” he told reporters. “I think I would have had a better chance of predicting the 6-49 numbers than predicting what happened.”
He said he had consulted with his wife before handing in his resignation. “I made my decision last night. I managed to contact the premier early this morning and I told him what my decision was. My decision is given this bizarre set of circumstances, I am willing to step aside.”
“I have no control over this whatsoever. I’m disappointed.”
He called on the criminal justice branch to swiftly appoint a new special prosecutor and said he expects to be cleared of any wrongdoing again.
Mr. Heed refused to say if Mr. Robertson should have taken the assignment in the first place, and said he had no idea that the lawyer's firm had contributed to his campaign.
The Law Society of B.C. confirmed Wednesday that they were aware of Mr. Robertson’s resignation and intended to investigate whether Mr. Robertson was involved in any professional misconduct.
“We are going to open our own investigation to ascertain whether there has been any misconduct on [Mr. Robertson’s] part that may warrant any action on our part,” Stuart Cameron, director of investigations for the law society, said in an interview.
Allegations of conflict of interest in media reports suggest it was inappropriate for Mr. Robertson to act as a special prosecutor in this case, Mr. Cameron said. “We are going to do our own investigation,” he said.
The law society is not looking at Mr. Robertson’s law firm of Harper Grey or the law firm’s relationship with any political party, Mr. Cameron also said. “We are just looking at Mr. Robertson’s relationship with [the Attorney-General’s ministry] and his work that he did and the resignation. We are going to be looking to see if there is anything in all of that that we should be concerned about, from a professional conduct point of view,” he said.
If a preliminary investigation finds grounds for professional misconduct, a disciplinary committee will be appointed to consider the matter, he added. Penalties for professional misconduct range from a reprimand to revoking the licence to practice law.
“We need to get to the bottom of it and determine whether there is anything here from a professional standards and professional conduct point of view that we need to take any action over,” Mr. Cameron said.
Mr. Campbell said he had restored Mr. Heed to cabinet because Mr. Robertson, the special prosecutor handling the sensitive case, had absolved Mr. Heed of wrongdoing in a decision on Monday.
But in a letter released late Tuesday by the criminal justice branch, Mr. Robertson said he was aware that his law firm had contributed $1,000 to Mr. Heed’s election campaign when he took the assignment. “Given that charges were not approved against Kash Heed and upon further reflection, I have concluded that my continuing as special prosecutor on this matter may well provoke comment from the public and the media as to whether I am sufficiently independent to act as special prosecutor on this matter.”
He added that he has “complete confidence” in his finding but he is “not in a position, due to the conflict, to continue.”
Terrence Robertson's Letter of Withdrawal as Special Prosecutor
Attorney General Mike de Jong said Tuesday night he was angry and frustrated over the latest development. He said the system of special prosecutors is designed to be independent to prevent political interference, but that independence in this case left the government blindsided.
