Former BC Clerk of the Legislative Assembly Craig James was found guilty of breach of trust and fraud on Thursday by the province’s Supreme Court. These are two of the five cases he faces following an investigation into misappropriation.
In its findings, the Supreme Court of British Columbia found Craig James guilty in connection with the improper purchase of costumes worth more than $ 1,800.
However, Associate Chief Justice Heather Holmes found that the Crown failed to prove two more cases of breach of trust and one case of fraud against the former clerk. These charges relate to a retirement benefit of $ 250,000, costs for the purchase of personal items, such as cufflinks and a pillow. Union Jack with embroidery of words God save the Queenas well as for purchasing and storing a wood splitter.
Mr. James he violated the standard of conduct expected of him in his public office in a serious and marked manner and he knew that this would deprive the Legislative Assembly of funds that should not be returned to him.said Ms. Holmes as she delivered her verdict.
Craig James, who did not testify in his defense, was not guilty of using his position as Clerk of the House to gain an improper advantage.
In finding Craig James not guilty of charges related to pension payment and log splitter purchase, Ms Holmes took the view that while she may have violated the employee’s standard of conduct and displayed poor judgment, the Crown failed to prove his conduct. is criminal.
Separately, Heather Holmes said the prosecutor failed to prove fraud in connection with the large number of less -value items the former clerk purchased on his trips abroad, but he found that there had been fraud and breach of trust. in connection with the purchase. of suits and clothes in Vancouver and London, which the defendant claimed intended for the Cabinet.
A long -awaited decision
Justice makes a decision, and I think it’s important. The public saw that our system workedsaid Mike Farnworth, Minister of Public Safety and Solicitor General of British Columbia.
The Minister also said that significant changes have been put in place to ensure that what happened to mr james will never happen againconcerned that the province changed its procedures for clerk selection and increased transparency around the functioning and attribution of the position.
Craig James served in the Legislative Assembly from 1987 until his resignation in 2019. As Clerk of the House, he was both an advisor to the Speaker of the House and a supervisor of 300 administrative staff who provide nonpartisan support to elected politicians.
During the trial that lasted two months, the Crown argued that Mr. James of a marked departure from the standard of responsible management expected of a person holding one of the highest offices in the province.
bureaucratic incompetence is not a crime
In their final arguments, lawyers for Mr James claimed that prosecutors had provided no evidence of corruption, saying that the worst all the Crown had proved was that the defendant may have been guilty. bureaucratic incompetencewhich is not a crime.
Instead, they pointed the finger at former House Speaker Darryl Plecas, who was accused by defense attorney Gavin Cameron of leaving crusade to find the wrong task.
Mr Plecas wrote a high-profile report containing inflammatory and clearly false allegationssaid Mr. Cameron. The evidence showed that reasonable and legitimate people acting within reasonable administrative frameworks looked at the business conducted by Mr James openly and never suggested that there was a fraud or a crime.
The defense argued that Mr James did not benefit from buying the log splitter and he decided to keep it in his house only because there was no space in the Legislative Assembly.
His lawyers said he was transparent in each of his claims for the matters being challenged by the Crown, pointing out that all of his costs were handled by some man who had just raised some questions more than half a decade and has not yet filed a complaint.
Crown attorney Brock Martland said the defense’s arguments about collective bureaucratic incompetence, blaming others, undermine the Clerk’s position and responsibilities in the Legislative Assembly.
There is information from Jason Proctor
Source: Radio-Canada
