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Aneal Basi (L), Dave Basi (centre left), his Lawyer Michael Bolton (centre right) and Bob Virk (R) leave BC Supreme Court October 18, 2010.John Lehmann/The Globe and Mail

B.C. Attorney-General Mike de Jong has told reporters the government decided to cover the legal costs of approximately $6-million for David Basi and Bobby Virk after realizing that the two former political aides could not pay the bills. The government was told there's nothing left to pursue. "Therefore the government won't pursue what isn't there," Mr. de Jong said.

Taxpayers who will now cover the legal costs for the protracted trial may rightly be puzzled by how the government reached that conclusion. Mr. de Jong's remarks do not fit easily with what is on the public record.

At first glance, it appears Mr. Basi is a man of property with significant resources to contribute to at least a sizeable portion of the cost of his legal fees.

Mr. Basi, his wife Inderjit and mother Sukhbir had four houses in Victoria in 2003 that were valued at $1.2-million, according to media reports after the raid on the legislature.

A year later, in March, 2004, the media reported that Mr. Basi bought five acres near Shawnigan Lake on Vancouver Island. Five months after that, Mr. Basi and his wife bought a $279,000 house in Esquimalt, the media reported.

It's not clear what happened to Mr. Basi's real estate holdings over the years while the court case dragged on. Mr. Basi was not prepared Tuesday to clarify anything. He referred a request for an interview to his lawyer, Michael Bolton, but Mr. Bolton then said he was not prepared to comment on the matter.

Public records indicate Mr. Basi continues to have some real estate holdings. A search at the Land Titles Office shows Mr. Basi and his wife Inderjit currently own a house in Victoria assessed at $857,000. The B.C. assessment branch also shows Mr. Basi and his wife as the owner of a second house in Victoria, this one assessed at $518,000.

Meanwhile, media reports say Mr. Virk and his wife live in his father's house in Victoria. Property searches for Mr. Virk did not turn up anything in his name.

The two men pleaded guilty earlier this week to breach of trust and accepting benefits during the BC Rail bidding process. Mr. de Jong's announcement reversed an agreement on financing of the lawyers' fees that Mr. Basi and Mr. Virk signed in July, 2005 with the provincial government. Under a precedent for government employees established by former premier Glen Clark, the two former political aides agreed to pick up the tab if they were found guilty. The government was to pay the bill if they were acquitted.

But precedents don't last as long as they used to. Vancouver criminal lawyer Michael Klein has been involving in negotiating legal fees with the government. He said financing arrangements vary, reflecting the differences in each case.

The government usually does not try to extract the last penny from someone who has nothing, Mr. Klein said. The government does not force defendants to sell their home to pay their legal bills. He has never heard of the government garnisheeing wages.

But can't Mr. Basi and Mr. Virk chip in something? Without greater transparency, taxpayers may search for other explanations why the government decided to let them off the hook.

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