A former Speaker of the B.C. legislature says he doesn’t recall being worried about a conflict of interest after he took guidance from the same lawyer who gave a former clerk advice about a retirement payment that’s at the centre of a breach-of-trust trial.
In the Supreme Court of British Columbia on Monday, Crown prosecutor Brock Martland pointed out that when he sought legal advice about the $258,000 financial payout, Bill Barisoff consulted the same lawyer who was used by former legislature clerk Craig James.
James has pleaded not guilty to two counts of fraud over $5,000 and three counts of breach of trust by a public officer in relation to allegations that he used his position for personal gain.
Martland said James’s lawyer advised that his client and three other senior employees of the legislature could get the retirement payout, and that James then recommended that Barisoff also seek advice from the same lawyer.
“Were you concerned about a conflict of interest?” Martland asked Barisoff.
“Not that I can remember,” Barisoff replied.
Barisoff said his biggest concern was that one of the four people who James got legal advice for about the retirement benefits was dying of cancer.
Barisoff said he did not recall seeking or taking legal advice from anyone else but he may have consulted the management committee of the legislative assembly.
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But Martland wondered how the committee could have given him advice because it wasn’t sitting at that time.
“How would that have happened?” Martland asked.
Barisoff said he talked to members of the committee individually, adding he did not have any recollection of speaking with anyone in particular and he had nothing in writing.
“Did you ever reach out to the conflict of interest commissioner about this?” Martland asked.
“I don’t recall ever doing that,” said Barisoff, who was Speaker from 2005 to 2013.
Barisoff said he also doesn’t remember having any discussions with the comptroller, whose responsibilities include the government’s financial management systems.
“Did you trust and rely on the integrity of the people working at the legislature as you dealt with this issue?” Martland asked.
“Yes, most definitely,” Barisoff said.
“Why?” Martland asked.
“Because if you didn’t have the trust of the people that you work with it would be pretty difficult to run the operation,” Barisoff replied.
Barisoff told Associate Chief Justice Heather Holmes that he had no relationship with James outside of the legislature and never went to the home of the former clerk, who he described as the CEO of building operations and the grounds.
But he said James had visited his home in the south Okanagan about five times as well as at least twice after his retirement in June 2013, including when James delivered some items from Barisoff’s office.
James was escorted from the legislature in 2018 amid a police investigation into allegations involving the retirement benefit, travel expense claims and the purchase of a wood splitter and trailer with public funds.
Kate Ryan-Lloyd, the current clerk of the legislature, earlier told the trial she also received the retirement benefit but she felt “uncomfortable” about the money and returned it.
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