Neighbour spotted woodsplitter at accused B.C. legislature clerk's home

A neighbour of the man described as the former "CEO" of B.C.'s legislative assembly says he saw a woodsplitter and trailer purchased with public funds parked outside Craig James's Victoria-area home.

Testifying at James's breach-of-trust trial Monday, James Cassels said he saw the woodsplitter once and spotted the trailer parked on a pad outside James's residence, at another point, with a load full of bark mulch.

Both items were purchased for use in an emergency at the legislature where James  — responsible for overseeing the administration and resources of the seat of government power in British Columbia — worked as clerk.

While James is also accused of improperly claiming a payout of more than a quarter-million dollars, the allegations surrounding the woodsplitter and trailer have gained far more public attention.

Cassels told Crown prosecutor David Butcher that he knew about the items from media reports.

"There's not really much to tell," Cassels told Butcher when he asked for specifics of the bark mulch sighting.

"Just that it was parked in the spot with bark mulch."

"How much bark mulch was in it?" Butcher continued. "Did you see what happened to the bark mulch?"

"No, I did not see what happened, but I assumed it was used to spread around the ground. We all have bark mulch in the front of our properties."

Never heard the woodsplitter being used

Cassels' time on the stand — shoehorned into ongoing testimony from the current clerk of the legislative assembly — lasted only about 20 minutes.

James faces three counts of breach of trust and two counts of fraud in relation to allegations that he used his position for personal gain.

In addition to the allegations related to the retirement payout and the woodsplitter and trailer, James is accused of improperly filing expense claims for dozens of items ranging from cufflinks and cushions to suits and beekeeping books.

James has pleaded not guilty.

Cassels said he and James had been neighbours for decades but did not spend much time in each other's homes.

Under cross-examination, he told James's lawyer he didn't hear the woodsplitter being used on the one occasion he saw it and had never seen his neighbour chopping down trees.

Cassels also admitted he did not know where the bark mulch came from in answer to a suggestion from James's lawyer that it "could have been dumped from a delivery truck as a convenient storage receptacle."

'Concerned and trouble by the situation'

After the brief interlude with Cassels, Kate Ryan-Lloyd — the current clerk of the legislature — resumed her testimony.

Ryan-Lloyd spoke about her decision to return a $118,000 payment given to her through the same long-service award that resulted in a $257,988.38 payout for James.

The Crown contends the 2012 payments were improperly issued through a program that was terminated in 1987.

In earlier testimony, Ryan-Lloyd said she felt "uncomfortable" with the size of the benefit and couldn't see the rationale for issuing it. She gave the money back nearly a year later after consulting with a lawyer and a tax lawyer.

Ryan-Lloyd said she found it "humiliating" when she was unable to obtain a copy of legal advice James had assured her existed to justify the payments.

The Crown prosecutor asked her to elaborate.

"I had been led to believe one thing when in fact another was true," Ryan-Lloyd said.

"I felt quite concerned and troubled by the situation."

Under cross-examination, Ryan-Lloyd acknowledged that both the man who served as clerk before James and former House speaker Bill Barisoff assured her that she was eligible for the money.

Defence lawyer Gavin Cameron noted that Barisoff said the payout was based on "solid legal advice" — pointing out that Barisoff was known to be fiscally prudent, keeping a sign that said, "Think like a taxpayer," in his office.

Cameron also asked Ryan-Lloyd about her own dealings codifying another employee retirement allowance in 2019 after it had existed as an unwritten policy for years. 

"So you've signed a policy that gives you a benefit?" Cameron asked.

"Yes, it would apply to all employees, including myself," Ryan-Lloyd responded.

'Running out of his office in tears'

As Cameron asked questions concerning a range of topics, it became clear the defence will likely focus on the actions of former House Speaker Darryl Plecas — the man whose investigation into spending led to James's ouster.

Cameron brought up the fact that shortly after releasing his bombshell report in 2019, Plecas reimbursed the legislature for shoes he bought and expensed almost two years earlier.

"Did he tell you he was concerned about the pot calling the kettle black?" Cameron asked.

"I don't recall that, no," Ryan-Lloyd answered.

The defence lawyer later brought the witness to the edge of tears by asking her about another incident in May 2019 during which he claimed Plecas cloned the hard drives of legislative assembly staff.

"At or around that time, you were reported to be running out of his office in tears," Cameron asked.

"Did that happen?"

Ryan-Lloyd nodded, her voice choking.

Cameron said Plecas believed he had "absolute power" over the clerks and other staff to "do as he saw fit." Ryan-Lloyd agreed.

"And you had to go so far as to get a new cellphone because he thought he could take your phone, clone it, and have all your information," Cameron said.

"I don't know what he thought on that point," Ryan-Lloyd said.

"Certainly, if the speaker had a problem with one of Mr. James's expenses, he had the power and could have said and done something contemporaneously," Cameron said.