Former B.C. solicitor-general Kash Heed has been cleared of allegations of criminal wrongdoing linked to his successful bid for a legislature seat.
The veteran police officer, who was a star candidate for the B.C. Liberals in the 2009 election, still has an unresolved dispute with Elections BC over campaign expenses, but a special prosecutor has ruled out criminal charges in connection with his campaign to win Vancouver-Fraserview.
However, Peter Wilson, following up on the work of a prosecutor who stepped down over donations to Mr. Heed’s campaign, approved a mix of 10 Election Act and Criminal Code charges against Barinder Sall, Mr. Heed’s campaign manager.
Mr. Wilson also approved four charges against Dinesh Khanna linked to pamphlets in Chinese and English that circulated in the riding without markings linking them to the Heed campaign.
In a statement, Mr. Wilson said there was no basis for charges against Mr. Heed, who has been under an ethical cloud so severe he twice resigned as solicitor-general over the matter and had to withdraw an endorsement for a candidate in the recent B.C. Liberal leadership race to avoid being a distraction.
Mr. Wilson said there was no evidence Mr. Heed was involved with the controversial pamphlets, or involved with filing a false election-financing report, or knowingly making payments to campaign staff for election-related purposes after the election.
“There is no reliable, independent evidence proving that Mr. Heed knew of, or could with reasonable diligence have learned of, any unreported election expenses,” Mr. Wilson said.
He also decided against criminal breach of trust charges over alleged $6,000 payments by Mr. Heed to Mr. Sall and associate Sameer Ismail after the campaign, because he found “no reliable, independent evidence” proving Mr. Heed made the payments for election-related expenses.
Mr. Wilson said he was staying charges previously laid against Satpal Johl, Mr. Heed’s financial agent.
Mr. Heed indicated by text message Friday that he would have no immediate comment on the developments. He was a long-time member of the Vancouver Police Department, and retired as the chief of the West Vancouver Police Department to run for provincial politics.
He does face some continued challenges. Elections BC spokesman Don Main said Friday it would continue with a bid to remove him from office over his elections expenses, suggesting he exceeded the spending limit as a candidate.
Mr. Heed has gone to court to seek absolution of responsibility for his campaign spending, arguing that he left such issues to his campaign team.
Mr. Main also released a statement from Craig James, the chief electoral officer, in which Mr. James said he was satisfied with Mr. Wilson’s recommendations, but would not be otherwise commenting because the case is before the courts.
Mr. Sall is facing seven charges under the Election Act, including publishing election advertising without identifying the sponsor and two counts of filing a misleading advertising sponsor disclosure report. He is also facing three Criminal Code charges, including two of making a false document with intent that Elections BC act on it, and one of obstruction of the RCMP by fabricating a story and arranging to provide it to investigators.
Mr. Khanna is facing three Election Act charges, including obstruction of an election official by telling a false story and a related charge of obstruction of the RCMP, as well as a Criminal Code charge of obstruction of the RCMP by telling a false story.
