Kash Heed, former B.C. Solictor-General seen here March 12, 2009.JOHN LEHMANN
B.C. Attorney-General Mike de Jong says he intends to change the process for appointing special prosecutors after the lawyer looking into irregularities in Kash Heed's election campaign resigned under a cloud.
The sudden departure of Vancouver lawyer Terrence Robertson from the case, citing a potential conflict over his law firm's financial contributions to Mr. Heed's campaign, has created one of the B.C. Liberal government's biggest embarrassments in nine years in office.
Premier Gordon Campbell was forced to accept Mr. Heed's resignation as his solicitor-general on Wednesday morning.
Mr. Heed resigned less than a month ago over the investigation and was re-appointed hours after he and the Premier were informed of Mr. Robertson's self-disclosed conflict. Twelve hours later, Mr. Heed quit again.
"I'm going to maintain my integrity," Mr. Heed told reporters. "That is to - Jesus - step aside, get this matter dealt with ... and get back to doing my business."
Mr. de Jong said the revelation has tainted the process that led to Mr. Heed's return to cabinet - and put the 12 charges recommended by the special prosecutor against Mr. Heed's campaign workers in question.
"There is a cloud over the report," the Attorney-General told reporters. He intends to meet with the head of the criminal justice department to discuss changes. "How it came to be that a special prosecutor was appointed whose business made a contribution to the very campaign that was at the centre of the investigation is very troubling."
Neil MacKenzie, a spokesman for the criminal justice branch of the Attorney-General's ministry, said lawyers who are to be appointed as special prosecutors are asked whether they know of any factors that would disqualify them or preclude them from serving.
"We rely on counsel," he said. "If they take [a case] we assume they did not recognize or identified any potential conflict that would preclude them from taking it."
Mr. Robertson was appointed to oversee the police investigation into NDP complaints about unsigned election pamphlets that were distributed in the riding that Mr. Heed was contesting.
The RCMP questioned Mr. Robertson about the possibility of a conflict of interest in March, Sergeant Rob Vermeulen said in an interview. Earlier that day, police had learned that Mr. Robertson's law firm, Harper Grey, had made a $1,000 contribution to Mr. Heed's campaign.
They accepted his assessment that it was not a problem and did not look for a second opinion, Sgt. Vermeulen said.
"Here is a special prosecutor appointed by the Attorney-General and that's who we deal with. We raised the issue, is this going to be a conflict. We were advised no, there is no issue ... and we carried on," he said.
However, the Law Society of B.C. on Wednesday announced an investigation into whether Mr. Robertson was involved in professional misconduct. "We need to get to the bottom of it and determine whether there is anything here from a professional standards and professional conduct point of view that we need to take any action over," said Stuart Cameron, director of investigations for the law society.
Mr. Campbell, who is in Europe this week, insisted he was not hasty in re-appointing Mr. Heed, and suggested the criminal justice branch should have vetted the special prosecutor more carefully.
"It's up to a member of the criminal justice branch to make sure that everyone is totally independent as they carry out their obligations to the public," Mr. Campbell said in a telephone interview.
But the New Democratic Party opposition questioned why no one in the Campbell government recognized the potential pitfalls of putting a senior partner of a law firm that has heavily contributed to the party in charge of the sensitive case.
"This comes around dirty, sleazy campaign tricks that have no place in our process and just no acknowledgement of that or remorse by the premier or the B.C. Liberals," said Mike Farnworth, the NDP justice critic. And he said the Premier "has shown an appalling lack of judgment."
Mr. Heed was adamant on Tuesday night that he was returning to cabinet. He said he changed his mind later. He maintained he has done nothing wrong but decided a new special prosecutor should review the case.