'Exculpatory' document surfaces at trial of B.C. Legislature's former clerk of the house

A last minute disclosure of documents described by the Crown as "potentially significantly exculpatory" rocked the breach of trust trial Thursday of former B.C. legislative assembly clerk of the house Craig James.

Prosecutor David Butcher began what was supposed to have been the second day of testimony from James' successor as clerk of the legislature — Kate Ryan-Lloyd — by telling B.C. Associate Chief Justice Heather Holmes the legislature's chief financial officer only sent him the recently discovered documents Wednesday night.

Butcher said he was hoping to ask Ryan-Lloyd about the documents.

The surprise announcement led to a back and forth with James' defence lawyer — who said he had no idea Butcher was going to raise the issue of the new material, which the Crown had forwarded to him after receiving them.

"I'm shadow-boxing right now," Gavin Cameron told the judge. "I'm concerned with where I think we're going, but I don't know where we're going."

The content of the documents was not immediately revealed.

"One of the documents would be exculpatory in nature," Butcher said. "It is copied to Ms. Ryan Lloyd."

The unusual situation resulted in an agreement between Crown and defence that saw the court stand down for the morning while a police officer was brought in to interview Ryan-Lloyd about the documents.

Butcher said a transcript of that interview would then be provided "in short order" to the defence.

James is charged with breach of trust and fraud in relation to allegations that he improperly claimed $257,988.38 for long-time service and submitted numerous expenses for personal items like suits and cushions.

He's also accused of storing a woodsplitter purchased with legislature funds at his home.

The revelations about the documents revealed the size and intensity of the investigation into James which followed his suspension from his job in November 2018.

Butcher said the documents came from the woman who was supposed to have been the Crown's last witness, legislature executive financial officer Hilary Woodward.

He said she was interviewed in August 2021 and prosecutors then met her again during a tour of the legislature in December, when she handed over more documents relating to the case.