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gary mason

In the end it came down to money - lots of it.

When Crown prosecutor Bill Beradino began talks early last week with lawyers representing Dave Basi and Bob Virk, avoiding jail time in exchange for a guilty plea in the sensational BC Rail case was a given.

But there was something else that was just as critical to the defendants: the government agreeing to pay the more than $6-million in legal fees for which they were on the hook.

The government quickly said yes, bringing an abrupt and unexpected end to one of the longest and most costly political trials in Canadian history - one that threatened to expose the sometimes raw, ugly underbelly of government deal-making.

On Monday, Attorney-General Mike de Jong defended the controversial move while conceding it contravened normal government policy. Because the charges against the accused related to their work in government, the province agreed to pay their legal bills along the way. However, if they were found guilty, they were supposed to reimburse the government for everything it paid on their behalf.

Mr. de Jong said the defendants paid a small amount but he was advised by the legal services branch there was no chance of the government recovering the millions - $6-million to be exact - that had not been recouped.

Asked if he understood why taxpayers might be furious about this side deal, the Attorney- General said: "I think people are already upset about this case and how long it took and how expensive it was and I suspect they would be equally concerned about spending additional public monies [on this]to no effect."

The stunning offer from the Crown, which included reduced charges and house arrest for two years less a day in lieu of jail, was made on the eve of what was expected to be dramatic, potentially explosive testimony from a string of high-profile witnesses.

Former finance minister Gary Collins was scheduled to take the stand this week. He was expected to be followed in the coming months by a parade of current and former Liberal politicians in the government of Premier Gordon Campbell who had links to the contentious sale of BC Rail back in 2004.

Mr. Basi and Mr. Virk agreed to plead guilty to leaking confidential information related to the sale of the rail line to lobbyists representing a U.S. bidder in exchange for cash and other financial benefits. The charges stemmed from an unprecedented raid on the B.C. legislature in December, 2003, in which RCMP officers took boxes of files from the offices of the two political aides.

It would take a year before various fraud and breach of trust charges were laid against the pair. Dave Basi's cousin Aneal would also be charged with money laundering. But it would take until this past spring for the case to actually begin, mostly due to years of haggling over the disclosure of hundreds of thousands of confidential government and RCMP documents.

The defence had hinted that its witness list would help provide "the true and unvarnished story" behind the sale, including the some time unsavoury way government deals come together. The defence even had plans to subpoena Premier Campbell.

The decision Monday concluded a tense week for the defendants, their lawyers and the Crown prosecutor, Mr. Beradino, and his team. In fact, Mr. Beradino wasn't sure he had a deal to put before the judge until 9:40 a.m. that morning.

That is when Mr. Virk signed the agreed-to statement of facts as well as the sentence being jointly recommended by the Crown and defence.

Mr. Basi had earlier signed the document after a heart to heart with his lawyer, Mike Bolton. Mr. Basi had also insisted that charges against his cousin, Aneal, be dropped before he'd agree to any deal. He got that too.

"Dave," Mr. Bolton told his client. "This is a real good deal for you. With all the elements that are in it you're not going to get anything better. Dave, here's your chance to get on with your life."

Mr. Basi signed Thursday.

Mr. Virk wasn't so ready to scribble his name on the dotted line. He had to think long and hard about agreeing to plead guilty with all the shame and humiliation that came with it.

For Mr. Beradino, his munificent offer was a price he was willing to pay to bring this politically charged case to a conclusion.

Asked Monday if he was under any pressure from the Liberal government to end this case at all costs, Mr. Beradino said: "This was my decision. I made it on my own, full stop."

He said he was moved to do it because of all the uncertainty and risk inherent in a jury trial. In other words, this way he had a guilty plea, something that wasn't guaranteed if he'd let it go the distance.

As for the details of how the complex deal came together, the public will likely never know.

"I'd love to tell you the whole story but the law doesn't permit it," Mr. Beradino said.

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