Crown lacks evidence in proving case against former B.C. legislature clerk: defence | iNFOnews | Thompson-Okanagan's News Source
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Crown lacks evidence in proving case against former B.C. legislature clerk: defence

Craig James, former clerk of the B.C. legislative assembly, arrives back at B.C. Supreme Court after a break from his trial in Vancouver on Tuesday, March 1, 2022.
Image Credit: THE CANADIAN PRESS/Darryl Dyck

A form approving the purchase of a wood splitter and trailer at the centre of a trial for British Columbia's former clerk of the legislative assembly was signed by the Speaker, who later published a report detailing allegations of misspending involving other items as well, B.C. Supreme Court heard Thursday.

Kevin Westell, a defence lawyer for Craig James, called the Speaker "the head of the pyramid" among at least three others, including the executive financial officer, who gave approval for the equipment that was expensed for emergency preparedness reasons.

Darryl Plecas, who was the Speaker at the time, detailed alleged misspending in a 2019 report after James was escorted from the legislature by the RCMP.

"Certainly, Mr. James was part of the group of senior managers that approved the purchase but he wasn't the only one," Westell said.

Former manager Randy Spraggett had the idea to buy the wood splitter and trailer despite the availability of a parking spot for them at the legislature, Westell said. That forced his client to store them at his home as he and others had ongoing conversations exploring various potential parking spots, he added.

Locations they considered at the legislature included a lawn that would be too soggy during rainy weather and a space that could be created using crushed rock, though that was ruled out as being too close to the street and susceptible for use as a garbage receptacle by the public, Westell said.

The wood splitter and trailer were bought after discussions about the lack of power for several weeks in a large area of Puerto Rico, and the belief that some equipment would be needed to cut wood, rebar and concrete as well as to rescue trapped people, he said.

Whether reasonable capital purchases were eventually made is irrelevant to the charges faced by James, Westell said, adding several items including luggage and books that his client bought during business trips don't amount to any wrongdoing.

James has pleaded not guilty to two counts of fraud over $5,000 and three counts of breach of trust by a public officer during his time serving as clerk between 2011 and 2018. He resigned in 2019 after being suspended in 2018 when police began investigating.

The Crown alleged James received a $258,000 pension benefit that he wasn't entitled to, but defence lawyers have said he rightfully had access to it based on policy at the time.

Gavin Cameron, another lawyer for James, has told court that James did not have corrupt or improper motives and some decisions involving finances were made based on subjective views in the absence of a clear, written policy.

However, he said the Crown has latched on to the term "protocol" to try and prove its case against James. 

This report by The Canadian Press was first published March 3, 2022.

News from © The Canadian Press, 2022
The Canadian Press

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