RCMP probe zeros in on purchase of B.C. legislature wood splitter
Ongoing investigation into former clerk
The purchase of a now- infamous wood- splitter and trailer is being examined as part of an ongoing RCMP criminal investigation into activities at the B.C. legislature, newly unsealed court documents show.
The heavily redacted documents reveal that police obtained a production order in April seeking evidence at the legislature in relation to an allegation that the former clerk, Craig James, had committed a “breach of trust” by obtaining the equipment for personal use at his residence for over a year.
As of Friday, no charges had been filed in the investigation. James’s lawyer did not immediately respond to a request for comment.
The records provide the first glimpse into an investigation that became public knowledge just over a year ago when the top two unelected officials in Victoria — James and Gary Lenz, then the sergeant-at-arms — were suspended from their jobs and escorted off the legislature grounds.
Darryl Plecas, the speaker of the legislature, released a lengthy report in January outlining allegations of misuse of public funds.
In May, James resigned after a report by former Supreme Court of Canada chief justice Beverley Mclachlin found instances of administrative misconduct by James, including improper acceptance of a $258,000 retirement benefit. She cleared Lenz of any wrongdoing.
But the release of another report in October by Doug Lepard, a former police chief, into Lenz’s conduct concluded he had committed “egregious breach of public trust” by not being truthful to Mclachlin when discussing an incident several years ago involving the removal of liquor from the legislature grounds. Lenz resigned but insisted, “I’ve done nothing wrong.”
Neither man has been charged with a crime and both have repeatedly denied any wrongdoing. It is not clear what the status of the police investigation is or whether it will even lead to charges.
Earlier this year, lawyers for Postmedia applied to B.C. provincial court to unseal information used by investigators to obtain a production order in April that sought documents from the Victoria legislature.
At a hearing last month the application was opposed by a lawyer representing the RCMP, one of two special prosecutors assisting the RCMP in the case, as well as lawyers for James and Lenz.
Court heard that the investigation was “ongoing” and “complex.”
But this week, Judge Gurmail Gill agreed to release the records, though with redactions, citing freedom of the press and the open court principle.
According to an affidavit in support of the production order, RCMP Const. Rafida Yonadim, an investigator with the federal serious and organized crime division, wrote that police received a complaint from Plecas containing “numerous allegations of offences committed by employees of the legislature.”
Yonadim wrote that there were reasonable grounds to believe James used his position as clerk of the house to “obtain a benefit from the purchase of a trailer and wood splitter paid for by public funds for a purpose other than the public good.”
The stated purpose of buying the trailer and wood splitter — which ended up costing $ 13,000 — was so it could be used in the event of a “catastrophic emergency ( natural disaster)” at the legislature to remove damaged trees and hydro poles and to create campfires.
Yonadim wrote that the trailer purchase “did not go through normal procurement policy procedure” and that James’ research into the equipment purchase was “outside the scope” of his normal duties, as was his request to pick up the equipment himself. Several locations on the legislature grounds were suggested as places to park the trailer but James “insisted” it be located at his home, the investigator wrote.
Witnesses told police that James’s reason for keeping it at his home was “due to no parking available at the legislature even though there actually was space.”
The trailer was later returned to the legislature. The wood splitter was removed from James’s home under police supervision. Both showed signs of use, and “employees at the legislature confirmed these items were never used at the legislature for their intended purpose, as originally planned,” Yonadim wrote.
Mclachlin had also looked into the equipment purchase. She concluded while there was no evidence its purchase for emergency preparedness was improper, the decision by James to store it at home was problematic. She said his explanation there was no suitable place at the legislature bordered on “nonsensical.”
When James resigned earlier this year, he issued a statement saying he had been “publicly ridiculed and vilified.” His lawyer has said that under the terms of his settlement with the legislative assembly, James’s ability to speak publicly has been severely restricted.
employees ... confirmed these items were never used at the legislature.