Gordon Campbell leaves an open cabinet meeting with his chief of staff Martyn Brown in Victoria B.C. on Wednesday June 27, 2001.Chuck Stoody/ The Canadian Press
Martyn Brown, chief of staff to Premier Gordon Campbell, defended his honour and integrity in the Supreme Court of British Columbia Wednesday, after he was challenged over his repeated memory lapses.
In an emotional plea that was in contrast to the reserved demeanour he has shown in the witness box for the past two weeks, Mr. Brown asked Madam Justice Anne MacKenzie and the jury to accept that he honestly cannot recall events, e-mails or discussions he was allegedly involved in several years ago.
"I am unsure of many things," Mr. Brown said. "One thing I am sure of is that I'm telling the truth."
He is the first witness to testify in the trial of Dave Basi, Bob Virk and Aneal Basi, former government employees charged with fraud and breach of trust for allegedly trading in confidential government information surrounding the BC Rail deal.
Mr. Brown's statement Wednesday came when defence lawyer Michael Bolton, who followed his colleague Kevin McCullough in cross-examination, sounded skeptical about Mr. Brown's failure to remember issues that allegedly arose when the government's $1-billion sale of BC Rail to CN Rail appeared ready to collapse.
In response to suggestions made by Mr. Bolton, Mr. Brown said he didn't recall talking about the matter to Ken Dobell, then a top adviser to Mr. Campbell.
Nor did he recall hearing that David McLean, chair of CN, had said the deal was in jeopardy.
And he did not remember, as the defence suggested, that Patrick Kinsella, co-chair of the Liberal election campaigns in 2001 and 2005, had called him to say the deal was at risk.
"I am going to suggest Patrick Kinsella was the point man between BC Rail and CN Rail … and that you knew that," Mr. Bolton said.
"No. I didn't know that. Repeatedly you and Mr. McCullough have challenged my veracity … I am answering as honestly as I can … I am telling the truth," Mr. Brown replied.
He ran through a long list of things he had to do during a typical workday, attending cabinet committee meetings, reading briefing notes, scanning hourly briefs on media coverage, talking with top staff and keeping the Premier's office running smoothly - and said anyone saddled with so many duties would have trouble remembering details of specific events.
Mr. Brown likened it to a college student who crams for an exam, but then a few years later can't even remember what books were studied.
But Mr. Bolton was skeptical, saying the privatization of BC Rail, which was negotiated in 2003 and closed in 2004, was too big a matter to have been forgotten.
"What I'm suggesting is a $1-billion deal was at risk … and that would stick out in your mind," he said.
"No. You were suggesting I was being dishonest," Mr. Brown said.
"The chair of CN is calling the Premier. That's important isn't it?" Mr. Bolton asked.
"It is. I don't remember it," Mr. Brown repled.
"One of the people Mr. Kinsella spoke to about the deal falling apart … was you," Mr. Bolton said.
"I don't recall it," Mr. Brown said.
In earlier testimony, he acknowledged he knew Mr. Kinsella was involved in the BC Rail-CN Rail deal, because Kevin Falcon, a cabinet minister, had told him that in 2004 or 2005.
"I was genuinely surprised … I do remember Mr. Falcon coming to my office and telling me he had learned Mr. Kinsella had a contract with CN," he said.
Mr. Brown is the first witness to testify in the trial of Dave Basi, Bob Virk and Aneal Basi, former government employees charged with fraud and breach of trust for allegedly trading in confidential government information surrounding the BC Rail deal.