Questionable expense claims made by former B.C. legislative clerk Craig James over an eight-year period were not scrutinized at the time, court heard Thursday.
Hilary Woodward, the Legislative Assembly of B.C.’s executive financial officer (EFO), was called to testify at B.C. Supreme Court Thursday about those expenses by special Crown prosecutors Brock Martland and David Butcher.
Woodward began her work at the legislature in March 2013, just before the Auditor General of B.C. released a scathing report on the legislature’s bookkeeping, including questioning retirement benefits paid to James and others in 2012, which were not recorded in financial statements.
Woodward’s boss was James. She was also the person clearing James’ travel expenses which, combined with the retirement benefit, are the subject of two fraud and three breach of trust charges against James.
Asked about her first encounter with such an expense claim, Woodward told the Crown she did question James on a suite of knick-knacks he expensed in November 2013 after trips to South Africa and England. Among his claims were a scarf, books and souvenir items, such as whisky glasses.
She said James explained the purchases as protocol gifts to be handed out to legislature visitors. It’s unclear where the items ended up.
When pressed about the scarf, which James initially said was for his uniform, James offered a personal cheque in lieu of the expense, said Woodward.
“For me, these were unusual expenses,” said Woodward.
But, asked Butcher, “you nevertheless signed off?”
“It was early in my role as EFO and, in speaking to the clerk, I trusted he had a better understanding of the type of expenses the legislative assembly would approve,” explained Woodward.
“Did you stop seeking explanations?” asked Butcher, to which Woodward said she did.
“I will say, as time went on, I didn’t go and question every reimbursement request. It was always the same response,” said Woodward.
One court exhibit shows James taking 57 trips between 2011 and 2018, when he was terminated and escorted off the grounds by Victoria police following an independent investigation by then-Speaker of the House Darryl Plecas.
James travelled to several Canadian cities, as well as England, Australia, Bangladesh, Sri Lanka, United Arab Emirates, South Africa, Hong Kong, Mexico, India, Malta, Nepal, Guyana, Bahrain and China.
Woodward explained it was up to her, as a single person, to authorize the expenses for James, who was the CEO of the legislature. Once signed off, the expense was processed by the finance division, court heard.
Woodward brought a suitcase of new documents that momentarily hung up the trial as defence team and Crown discussed certain evidence eligibility.
One piece of evidence was an email sent to Woodward from James regarding a response to the auditor general’s office. At issue is a document James attached to the email and whether James was the author of said document (yet to be entered at the public court registry).
Defence counsel Gavin Cameron did not object to the evidence being admitted. But he noted to Associate Chief Justice Heather Holmes that the evidence had not been scrutinized by police. Those in a position to explain the document had already testified, the court heard.
And, “if witnesses are recalled, it is hollow comfort for me,” said Cameron, who has raised concerns about evidence being produced by Crown near the end of the trial.
“So far the defence has kept the train on the tracks and we intend to keep the train on the tracks,” said Cameron on Wednesday.
The evidence submissions from Crown are expected to conclude Friday.
