Monday, February 7, 2011

Kash Heed -- BC's former "Top Cop"

The other day I said that a person just can't make up the kinds of stories coming from the BC Liberals – well turns up real-life drama IS better than fiction, at least when it comes to former solicitor general Kash Heed.  Now remember, Kash Head was elected as a Liberal MLA in the 2009 provincial election. He was the first Indo-Canadian police chief – a former chief constable with the West Vancouver police department, and a former superintendent with the Vancouver city police.

One would expect that someone who had graduated from the BC Police Academy, and having these credentials would know the law, or the repercussions of being involved with people that break the law right?  If I remember correctly, and I'm sure you'll let me know if I'm not, whether you commit the crime or not, if you are part of a group – OR – with an individual that breaks the law, you are equally responsible.

So what are the issues and legal problems he is currently facing?

Well for starters there's the investigation for an issue of breach-of-trust regarding his election as a BC Liberal MLA in the 2009 election.  It is alleged that he paid $6,000 of taxpayers' money to workers in the campaign which included fliers distributed by Heed's people which were illegal and contained inaccuracies regarding the NDP.

He is being investigated for possible breaches of the Elections Act for allegedly under-reporting his election expenses … and members of his campaign team face criminal charges

The former Solicitor General (the provinces top cop) has insisted that he hasn't done anything wrong, and that he left everything to do with this campaign up to his Campaign Manager (and the campaign team) as he was not familiar with how elections were run.
Guess what – he didn’t even take the time as a candidate to read the elections act.

Kash Heed has had to leave cabinet TWICE over election issues and problems and now also has the head of Elections BC saying that he could face the loss of his seat.  YIKES ... and this was Gordon Campbell's star recruited candidate for the party.

Now again, remember that the law, which until recently he had direct involvement with as a police officer, says that if you are part of the action, you are playing a role in any crime that is committed.  How convenient that he seems to have forgotten this basic tenet of the law. 

This messy legal matter doesn’t just end there however and it continues to take more twists and turns.  Late last week we heard news of the BC Law Society review into special prosecutor Terrence Robertson, who was handling the Kash Heed case. This because he failed to let the Ministry of Attorney General criminal justice branch know about his firm's "$500 donation" to the Heed campaign. 

Again this is news because he was investigating Kash Heed regarding those alleged election irregularities.  The slap on the wrist received by Terrence Robertson, from the law society, apparently says that he failed to meet the expected standard that “requires a lawyer to disclose to his client previous connection to the parties in a matter". 

Here's what Charlie Smith from the Straight.com had to say about all this:
A "conduct review" might sound serious to the public. In fact, if the law society had deemed Robertson's behaviour truly reprehensible, it would have issued a "citation" (the society's equivalent of a charge for an offence) and Robertson would have had to face the music at a hearing. This probably would have been covered by news reporters.  By ordering a conduct review and not issuing a citation, the law society doesn't have to fork out a bunch of money for what would have inevitably turned into a media circus. .......

...... To justify this decision in Robertson's case, the society stated in its news release: "The review panel, consisting of public representatives Claude Richmond (former BC Liberal MLA and Cabinet Minister under Premier Gordon Campbell) and Peter B. Lloyd and senior lawyer Richard Stewart, QC, was satisfied Robertson understood the significant error in judgment he made and accepted his statement that he deeply regrets the damage his error made to the confidence in the role of special prosecutors and to Heed."

Charlie Smith then went on to say:

The law society, as much as anyone, should know that justice must not only be done, but it must be seen to be done. Despite this, it placed a former B.C. Liberal cabinet heavyweight on the panel that made this recommendation for a conduct review for Robertson for not disclosing a contribution to the campaign of another former B.C. Liberal cabinet minister.
This decision, with Richmond's active input, ensures that the former special prosecutor's handling of the Heed case will not stay in the news through a messy and expensive hearing attended by the media—which could have undermined the B.C. Liberal government's efforts to get re-elected.

And now, as Paul Harvey would say, here's “The rest of the story”.  Kash Heed is currently teaching an undergrad course at SFU entitled, “Criminology 131-3: Introduction to the Criminal Justice System."

So what is an introduction to the criminal justice system all about you say?

It's an introductory analysis of the structure and operation of the Canadian criminal justice system. Examination of the patterns of crime and victimization; police operations, discretion and decision making; the criminal courts, including sentencing; the corrections system, including correctional institutions and community-based models; the youth justice system. Patterns of contact and conflict between various social groups and the criminal justice system.

Hmmm ... seems to me then, this is something about knowing the law and how it works ... and the interactions of the court system, police, and courts.  As we have noted, Kash Heed graduated from police academy – became a police officer - police chief – a chief constable – and a superintendent – and then went on to become of Solicitor General for the province. 

These seem to be qualities that would have given him the knowledge and experience that would have allowed him to teach this course at SFU.   That means then that he knows the law – and therefore by extension the legal responsibilities he would have had as Gordon Campbell’s star candidate in the 2009 election. 

So, what’s with the excuse that he didn’t know – some one else is responsible – and he hadn’t read the rules??

I’m Alan Forseth in Kamloops, and those are the thoughts of one conservative.

No comments: