Heed probe prompts special-prosecutor review
Last Updated: Thursday, May 6, 2010 | 5:22 PM PT
CBC News
B.C. MLA Kash Heed was reappointed solicitor general on Tuesday, only to step down again on Wednesday morning. (CBC)Attorney General Mike de Jong says he's looking at changing the way special prosecutors are chosen in B.C., and may even consider looking outside the province for such appointments in the future.
The news comes after a prosecutor who investigated irregularities in the election campaign of former solicitor general Kash Heed resigned because his law firm donated money to Heed's campaign.
De Jong told the legislature on Thursday the government may decide to hire lawyers from other provinces to fill the role of special prosecutors to avoid such conflicts in the future.
But he also rejected New Democrat claims that the government bungled the appointment of Terrence Robertson, the prosecutor in the Heed case, saying the NDP is suggesting the government take political control of what has been an independent decision by the Justice Branch.
Meanwhile, Robertson isn't the only lawyer who has donated to the B.C. Liberal party and gotten key appointments like being named a special prosecutor.
It's also been determined that Bill Berardino made Liberal donations while he was a special prosecutor in the lengthy B.C. Rail corruption case.
And while not a special prosecutor, a lawyer who will be opposing the provincial government in a case testing the validity of Canada's polygamy laws also appears in financial contribution reports.
Special prosecutor quit after clearing Heed
Robertson stepped down as special prosecutor in the Heed case on Tuesday, saying his firm had donated $1,000 directly to Heed's campaign.
The news came one day after Robertson cleared Heed of any wrongdoing, and just hours after Premier Gordon Campbell had reinstated Heed as solicitor general.
Heed stepped down from his post April when it was revealed the RCMP was investigating unregistered campaign brochures distributed in his Vancouver-Fairview riding during the 2009 election campaign.
Heed was forced to step down for a second time on Wednesday, after Robertson resigned.
In a letter outlining his resignation, Robertson said he didn't believe the donation posed a conflict when he agreed to act as special prosecutor, but decided upon further reflection that continuing the job would provoke "comment from the public and the media" as to his impartiality.
Donation has many demanding new investigation
In addition to clearing Heed, Robertson also laid charges against two of Heed's campaign workers.
Barinder Sall, Heed's campaign manager, faces six charges, three of which are criminal, including two counts of obstruction of justice. Sall also faces three charges under B.C.'s Elections Act, including one count of illegal election advertising.
Satpal Johl, Heed's financial officer, faces charges under the Elections Act in relation to campaign financing.
Robertson's announcement has many — including the NDP and a former B.C. ombudsman — calling for the entire investigation to be re-examined, from Heed's exoneration to the charges laid against his campaign workers.
The B.C. Law Society has also launched an investigation into Robertson's conduct.
With files from The Canadian PressShare Tools
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