Kinsella lawyer mum as deadline for NDP apology passes
Last Updated: Monday, April 27, 2009 | 9:48 PM PT
The Canadian Press
A lawyer representing former B.C. Liberal campaign co-chairman Patrick Kinsella won't say whether the Vancouver businessman has received the apology he wants from the NDP over corruption allegations.
James Sullivan said Monday he cannot comment even though the deadline for an apology from the New Democrats expired last week.
He would not say whether the NDP had responded or whether any further action on Kinsella's behalf was being considered.
"I'm not really at liberty to talk about that at this time," Sullivan said.
NDP attorney general critic Leonard Krog sent a letter to the RCMP last week calling for an investigation into allegations Kinsella was working for both BC Rail and CN Rail at the time of the controversial sale of the former Crown-owned railway to CN in 2003.
The New Democrats released government documents prior to the start of the May 12 election campaign showing Kinsella's company was paid almost $300,000 by BC Rail from 2002 to 2005.
Kinsella's lawyers issued a letter demanding an apology shortly after Krog sent his letter to the police, calling the NDP allegations defamatory, malicious and false.
Allegations are false: lawyer
The letter said statements from the party include "defamatory and injurious insinuations" about Kinsella, who was Liberal Leader Gordon Campbell's campaign co-chairman in the previous two provincial elections.
The statements suggested Kinsella "is a corrupt businessman who is using his influence with politicians for unfair personal gain, and that Mr. Kinsella is guilty of improper and/or illegal and/or criminal use of the public's money," the letter said.
"These are false and highly damaging allegations."
Kinsella's name has surfaced at the trial of Dave Basi, a one-time aide to former finance minister Gary Collins, and Bobby Virk, who worked for then transportation minister Judith Reid.
The two were charged with fraud and breach of trust following the unprecedented 2003 police raid on the B.C. legislature. Former government communications officer Aneal Basi (Dave Basi's cousin) is accused of money laundering.
The Crown alleges Virk and Dave Basi received benefits from OmniTRAX, which was in the running to purchase BC Rail. The Crown believes the pair were, in turn, providing confidential government documents regarding the sale.
Defence lawyers said earlier this year that emails disclosed as possible evidence seemed to suggest Kinsella was paid $300,000 by BC Rail as the government tried to sell the railway in 2003.
It is alleged that at the time, Kinsella was also on the payroll for the eventual buyer of the railway, CN Rail.
The suggestion has been fuel for the New Democrats' fire in the legislature and on the campaign trail.
The criminal corruption case remains bogged down in pre-trial hearings and no one has been convicted yet of an offence.
Campbell has been asked several times about whether or not he has spoken to Kinsella recently or whether his former campaign chief is involved in the current campaign.
Campbell said he has not spoken to Kinsella in ages.
The New Democrats said they have yet to hear from Kinsella or his representatives. NDP Leader Carole James said Thursday she will not offer an apology.
The RCMP was not immediately available for comment.
