Basi-Virk lawyers agree to drop pretrial motions

Negotiations are under way between defence lawyers and prosecutors in a political corruption case that has intrigued and tantalized British Columbians for nearly six years.

In a series of intense meetings - which have gone on for several hours at a time - lawyers defending Dave Basi, Bob Virk and Aneal Basi have agreed to abandon three key motions that until now have seemed crucial to the defence case.

It is not known what the Crown is being asked to concede in return, but outside court lawyers on both sides tersely refused to comment when asked whether a plea bargain was in the works.

The three men, former government employees, are facing multiple charges of fraud, breach of trust and money laundering for allegedly trading in confidential information concerning the $1-billion sale of BC Rail in 2003.

Over the years, the defence has won disclosure of tens of thousands of confidential government files related to the BC Rail deal. It has long been expected a trial would put those documents on the public record, and expose the inner workings of Premier Gordon Campbell's government, which was rocked by an unprecedented police raid on the B.C. Legislature in December, 2003.

Special prosecutor William Berardino said in the Supreme Court of B.C. that talks are under way that could soon clear away defence motions that would challenge wiretap evidence and the validity of search warrants.

Also in the works is an agreement for the defence to abandon a motion that would have sought to have the case thrown out because it has been delayed so long.

With those matters out of the way, the trial could begin almost immediately.

"We have been meeting extensively with all defence counsel and we are making progress. I am reasonably confident there will be no pretrial motions [by the defence]" Mr. Berardino told Madam Justice Anne MacKenzie.

He said the talks are continuing and he hoped to be able to report to the court on the final outcome of negotiations by Jan. 25. He said court could meet Feb. 1 to set a trial date.

"If we continue to work the way we are working ... I believe that will be the end result," Mr. Berardino said.

"It would save a great deal of time if the motions were dealt with," said Judge MacKenzie, who has been pushing for a February start to the trial since she took over the case late last year.

Michael Bolton, who acts for Dave Basi, confirmed Mr. Berardino's comments. "We're very confident as well that those issues will not be taking up the court's time," he said.

Kevin McCullough, who is defending Mr. Virk, told the judge that dispensing with the pretrial motions could save four to six months of court time.

"Well, that's constructive," Judge MacKenzie said.

Outside court, Mr. Bolton and Mr. McCullough hurried away from reporters, saying they couldn't discuss the talks.

"There's really nothing we can comment on right now," Mr. Bolton said. "Discussions are occurring towards streamlining the matters."

Mr. McCullough, who took Mr. Bolton by the elbow and led him away from reporters, came back moments later to say: "Just be patient. Give us two weeks."

Then he held up his hands to fend off more questions.

In a separate proceeding at the Supreme Court of B.C., Dave Basi dialled in by speaker phone to hear discussions about fraud and breach of trust charges he is facing for allegedly helping developers get land, near Sooke on Vancouver Island, removed from the Agricultural Land Reserve.

Also charged with committing fraud on the government and breach of trust in connection with the duties of a government official are Tony Young and Jim Duncan.

Mr. Berardino, who is prosecuting both cases, asked court to adjourn hearings on the land matter until a trial date has been set on the BC Rail case.

The judge agreed and set the matter over until Feb. 8.