The NDP attorney-general critic says two former ministerial aides and a former communications staffer could have their criminal cases tossed out of court because of B.C. government delays.

In a phone interview with the Straight, Leonard Krog said that Attorney General Mike de Jong’s “top priority” should be demanding that the premier instruct everyone associated with the government to cooperate fully to ensure that the B.C. Rail corruption trial proceeds.

“This government, notwithstanding the promises of cooperation, has delayed and delayed and delayed,” Krog said.

He noted that five and a half years after an “unprecedented raid on the B.C. legislature”, the three accused—David Basi, Bob Virk, and Aneal Basi—still haven’t been tried. The trio’s lawyers continue to seek disclosures from the B.C. government, which, according to Krog, has been reluctant to cooperate.

“There is a great danger the case can be struck out—dismissed—because of the delay,” Krog said.

He cited the Supreme Court of Canada’s 1990 Askov ruling, which upheld the acquittals of four men on charges of conspiracy to commit extortion. The court found that a delay of almost two years following the preliminary hearing—after two years of other proceedings—was “excessive and unreasonable”. The decision cited Section 11(b) of the Canadian Charter of Rights and Freedoms, which guarantees that anyone charged with an offence has a right to be tried within a reasonable period of time.

Basi, a former aide to then–finance minister Gary Collins, is charged with fraud, accepting a benefit, and breach of trust. Virk, who worked for then–transportation minister Judith Reid, faces the same charges. Basi’s cousin Aneal Basi, who dealt with media relations for the Transportation Ministry, is charged with money laundering.

In January, Krog filed 70 questions on notice in the legislature regarding the privatization of B.C. Rail and the subsequent criminal trial. They included an inquiry as to whether or not the premier or any of his staff met with or communicated with any of the proponents or their representatives during the process of selling B.C. Rail. Krog also sought an explanation of why then–solicitor general Rich Coleman briefed the premier before the search warrants were executed.

A spokesperson for the Ministry of Attorney General, Shawn Robins, told the Straight by phone that de Jong won’t comment on the case.