As you know there has been a new special prosecutor assigned to investigate Kash Heed, sorry folks, that bus has left the station, despite a rush by Gordon Campbell to exonerate the one time Solitor General, I have complete faith in Mr.Wilson(The New SP) coming up with the same conclusion on the review of Kash Heed as did Terence Robertson, that doesn`t give me any comfort, the scope of the investigation on Kash Heed is flawed, one can`t ignore the benefit Heed enjoyed despite lack of knowledge, the question is of legitimacy, the special prosecutor must look further in, for if the Fraserview election stands then throw out the election act, all campaigns can operate like the Heed Camp, as long as the candidate doesn`t have direct knowledge anything goes, that is what Terence Robertson said, you can`t separate out cause and effect, a driver of the car in a bank robbery, like the Enron scam, you can`t claim ignorance, the terms of reference must include the election itself, it must take in account the election results, was it fair, was it tainted, did Kash Heed`s top campaign workers break the elections act for the benefit of Heed, if the answer is yes.....Well
Expecting Mr. Wilson to find a different outcome than Robertson is foolhardy, Mr. Wilson must be very cognizant of the fact, if he comes back with a recommendation to charge Kash Heed he knows there will be shock waves reverberating across B.C. The easy way out for Mr. Wilson is to agree with Mr. Robertson`s findings.......But knowing lawyers and the games they play, I can guarantee you that Mr. Wilson won`t be hanging up Mr. Robertson, if they exclude certain terms the investigation can only reach one conclusion, if a man, or a woman, or Kash Heed deny seeing or approving any advertising, as long as Kash Heed states, "I didn`t see anything, I heard nothing, I know nothing" If Heed makes that statement it wouldn`t matter if Barinder Sall directly implicated Kash Heed, it wouldn`t matter if Barinder Sall stated that Kash Heed instructed his actions, even if Barinder Sall, Dinesh Khanna and Satpal Johl all implicated Kash Heed the SP can only say, "We can`t prove Kash Heed is guilty" the SP must be able to ask about an honest election, that question can`t be excluded, personally I don`t think lawyers should be examining the case at all, in this type of proceeding involving elections there should be a 5 member panel of the public to hear the evidence.
So in a couple weeks Mr. Wilson will come back with the same conclusions as Terence Robertson, but that is where this case goes sideways, even if this new Special Prosecutor comes back with the identical exoneration of Heed, it`s meaningless, they`re not asking the right questions of Heed.
First off, here is what we know, Barinder Sall and Satpal Johl have a dozen charges between them, they were Heed`s top campaign personnel, Barinder was the campaign manager and Satpal Johl the financial accountant and their buddy Dinesh Khanna had the BC Liberal friendly print shop in Richmond.
- They spent the maximum amount of money on Heed`s campaign, they spent to the election limit.
- 10,000 chineses flyers were almost sent out through the mail, illegal libelous lying material,
- 1000s of flyers got delivered through the mail, countless more were dropped off at Chinese homes in a brown envelopes.
- If the illegal flyers get counted against the campaign for what they cost, they blow way over their spending limit.
- There were robo calls made to Chinese voters stating the same thing the illegal flyers did.
- Both Barinder Sall and Satpal Johl misled elections BC and the Police, they both pretended to be someone named Jag.
- The print shop in Richmond is connected with Barinder Sall and Satpal.
- Clearly the illegal advertising was arranged by Barinder Sall and the finance manager.
- The illegal advertising puts Kash Heed`s election campaign over the spending limit.
- Whether Kash Heed saw the illegal flyers or not, it doesn`t change the fact that the Heed campaign over spent.
- Election laws states that the MLA must give up his/her seat if they overspent.
- Clearly Kash Heed top campaign officials overspent and broke the law.
- THERE MUST BE ANOTHER ELECTION
It`s too late to ask Kash Heed whether he saw the illegal advertising, the advertising was bought by his campaign, the literature got out into the voting public`s hands, it certainly had an effect on the campaign.
Is the special Prosecutor or Gordon Campbell going to ask Kash Heed if he thinks the election was fair or honest? That friends is where this case stands, that is the one question that no one is asking, that`s the most important question of them all.
If Kash Heed can`t stand on a soap box and shout to Gabriel Yui of the NDP and the voters of Fraserview ........."The election was fair" ....."The election was fair"......"The over spending and illegal vicious flyer`s didn`t make a difference"
Unless Kash Heed can state that to the world it doesn`t matter what conclusion the special prosecutor comes up with, if the special Prosecutor doesn`t get a wider swath, without the proper terms of reference the only thing a lawyer can say is....."I can`t guarantee conviction" That is not exoneration! That`s is nothing but tied hands.
The Kash Heed affair can only go one way now, Barinder Sall and Co must plead guilty right away, they need a double jeopardy penalty, they either plead guilty now or if found guilty they have to pay for the by/election, because folks, there will be a by/election, Barinder Sall was Heed`s top guy, Barinder Sall arranged this literature, even though it wasn`t all distributed some was, therefor the Heed campaign over spent, illegal advertising, filthy lying slurs attacking the NDP, and over the spending limit, a double whammy, there has to be a by/election.
Gordon Campbell, Mike De Jong, you can`t change that fact, Kash Heed will never be Solicitor General until there is a by/election, the BC Rail case is going on 6 years, John Les case is over 3 years old, theoretically the Barinder Sall case could be years in the making, Kash Heed could be in Government for a whole term before Barinder goes before a judge.
So forget about lawyers being special prosecutors, these lawyers will be looking at the finite definition of the law, Kash Heed will state he never saw or knew about the illegal advertising, and if Barinder Sall backs up Kash Heed`s claim the lawyer and or special prosecutor will come up with the same old "Legal" exoneration of Heed.....Something like this ..."Hear no evil, see no evil, speak no evil"..........That`s what lawyers do, but a 5 member panel of average Joes can look at the big picture......
And the big picture is this.......It doesn`t matter if Kash Heed didn`t see the illegal advertising literature, the flyers were sent out, they were illegal, Barinder Sall and Co hampered the Elections BC investigation and both pretended to be someone else named Jag....
The Kash Heed campaign overspent on the campaign, the illegal flyers must be counted against the campaign.
Was the Fraserview election fair? No, it wasn`t, it was a one-sided dirty campaign, a vicious smear campaign, a illegal smear campaign originating in Kash Heed`s campaign manager`s office.
A exoneration coming from lawyers not recognizing or including the totality of events, without the illegal flyer arranged by Barinder Sall, Kash Heed wouldn`t be under investigation, without the cost of the illegal advertising putting Kash Heed`s campaign over-budget Heed wouldn`t be being investigated, if Barinder Sall didn`t do dirty tricks Kash Heed wouldn`t be investigated, Barinder Sall wasn`t the benefactor of the illegal advertising, Kash Heed was, Barinder Sall wasn`t the benefactor of Heed`s campaign being kept in budget, Kash Heed was..
Kash Heed cannont benefit from illegal activities on one hand and on the other claim ignorance, Kash Heed was directly responsible for the Barinder Sall tricks, Heed you are either incompetent or ignorant, wake up Farnsworth, Krog, Horgan, ............Barinder Sall, plead guilty and get it over with, Mike De Jong, cancel the special prosecutor, Gordon Campbell, your star candidate is caput, call a by/election.
Kash Heed, call a joint press conference with Gabriel Yui and tell Gabriel to get lost,tell Gabriel the election was fair, tell Gabriel the flyers and robo-calls didn`t matter, tell the voters you were legally elected by a legal campaign.
If the likelyhood of a Barinder Sall conviction is good, then those are the consequences by which Kash Heed must be subject to, the Special Prosecutor must look at the Barinder Sall evidence, if the evidence points to the conviction of Barinder Sall, those are the ramifications Kash Heed must live with, if a Barinder Sall conviction means a by/election than Kash Heed must accept the by/election, the Special Prosecutor must be able to throw out the Fraserview election, anything less is a breakdown of Democracy.
Until you can do that Kash Heed you will never be in Government, have you got the guts, the courage, how about ethics, how about it NDP....Or are you going to roll over and play dead on the Heed affair too?
The Straight Good
Cheers-Eyes Wide Open