Sihota showdown at the not so OK legislature

SOME WAG once remarked (my life is replete witht Mrs. Malaprops): ‘‘them cartoonists sure have a way with

words.”’

As the frayed remnants of Moe Sihota’s self-respect were swept out of the Ombudsman's hearing room not long ago, columnists, broadcasters and editorial writers struggled to describe what had happened to the brash young NDP MLA.

But cartoonis' Kreiger in the Vancouver Province said it best. He did nothing. He drew nothing. He displayed three photos: Curly, Larry and Moe.

Sihota has spent so long in the never-never land of Victoria, in- venting and slaying imagined dragons under the guise of parliamentary privilege and in front of a tame, lazy press gallery, he was ill-prepared for the com- pany of his profession’s ablest practitioners.

Blissfully sheltered behind an opaque ego, the NDP justice critic seemed to be the only one who failed to note the legal! luminaries who were assembled in his path.

The attorney genera! (ex) was a star witness. Noted barrister Bryan Williams acted for the commission. Appearing for the recently resigned assistant deputy minister W.F. Stewart was Bill McIntyre of the town’s largest law firm, Russell & DuMoulin. Bill who? Mr. Justice William F. MeIntyre, formerly of the B.C. Court of Appeal, who retired from the Supreme Court of Canada just two years ago.

Among the skilled prosecutors called to testify was the most eminent, John Hail.

Riding shotgun on this distinguished stagecoach, was a nice guy who grew up in the East End of Vancouver. Tom dropped in to have a chat with young Mr. Sihota.

kik

Like Rumpole of the Bailey, T.R. Braidwood QC is a barrister.

His work is now and always has been ‘‘at the bar,”’ a phrase that has been abused and obscured by the Canadian assumption that all lawyers are equally gifted as bar- risters and solicitors. These are not only different modes of prac- tice, but excellence in each is achieved by totally opposite means.

The similarity between Braid- wood and John Mortimer’s fic- tional Rumpole ends with a slight- ly dishevelled combat demeanor, a love of life itself and a mastery of courtroom tactics.

Unlike Rumpole, in concert with a diverse team of legal part- ners, Braidwood and wife Anne enjoy the rewards of a successful career: family, a British Properties home, Whistler retreat, and a luxury yacht.

His corner office atop a downtown highrise has the obligatory harbor and Stanley Park view. The Braidwood, MacKenzie, Brewer & Greyell firm

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now lists 36 lawyers and a support staff of 60.

When you phone Tom Braid- wood these days, you'll be asked “Will that be senior or junior?’’ Almost at the bottom of the masthead is his son, called to the bar earlier this year.

If young ‘‘Tommy” aspires to fill giant footprints, he can be assured thai it has been done be- fore, These craters have contained two sets of feet.

At the very bottom of the masthead is the name ‘Angelo E. Branca QC.”’ The legendary Branca built this firm.

His “Young Tommy” — from the Vancouver East End — was simply the best among hundreds of students over six decades of legal practice.

anak

It is tough — if not impossibie — to be financially successful in law today if you specialize in criminal matters or litigation. That’s why you see the barristers chasing ambulances or ICBC and everyone else looking for mass processed solicitor work.

Braidwood has defended not

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only the downtrodden and af- fluent corporate ciients, but his legacy includes murderers, rapists, fraud artists, organized crime leaders and ... ahem ... broad- casters.

A swell group to belong to. Like his mentor before him, sometimes the unpaid cases, delivering respect and public awareness, have paid the biggest dividends of all. The right kind of publicity enriches an entire firm, and some of the courtroom episodes have paid rather nicely.

A erateful lady client once ask- ed the eminent advocate Clarence Darrow how she could ever repay him. The lawyer replied: ‘‘Ever since the Phoenicians invented money, there has only been one answer to that question.”*

Around the Vancouver court- house, Braidwood stories are many.

There was a rape trial in the distant past where the victim was due to testify and identify Tom’s client as the assailant. As the court was about to go into ses- sion, the accused’s brother was sloppily disguised with a stick-on toupee and wig, complete with exposed tape. In the courtroom the client and his ridiculous look- ing brother were seated side by side.

This caused a great fuss with the prosecution. They were quick to advise the victim of the subter- fuge. Unfortunately, they were misled by what they thought was obvious. Under oath, the girl was asked to identify the rapist. She pointed straight at the disguise: “That's him!”’ She confirmed that she was absolutely certain.

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As to Moe Sihota, he is not Braidwood'’s problem. He is Mike Harcourt’s problem. Is this your at- torney general, Mr. Harcourt? He of the limited research and overstated evidence?

At one point in the proceedings, Mr. Sihota’s lawyer shouted for mercy, advising Tom Braidwood that his client was ‘‘not on trial.”

Yet.

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