Ex-B.C. ombudsman calls for new Heed probe

A new special prosecutor needs to re-examine the investigation into former solicitor general Kash Heed, saysthe man who created the post in British Columbia.

Heed stepped down on Wednesday for the second time, less than 24 hours after being reinstated.

The resignation is the latest twist in a bizarre saga stemming from unregistered campaign brochures that have resulted in two of Heed's campaign workers being charged earlier this week.

Heed was cleared of any wrongdoing, but the story took a strange turn when the special prosecutor who exonerated him quit, saying his firm had donated money directly to Heed's campaign.

Stephen Owen, a formerprovincial ombudsman and the author of a 1990 report that led to the creation of special prosecutors in B.C.,said when a new special prosecutor is appointed, both the charges against Heed's workers and Heed's exoneration should be reconsidered.

"That person would have to go back to the beginning and consider all of the investigative evidence against the people who have been charged and Mr. Heed to remake the whole prosecution decision," he said.

He said a new investigation is only fair in order to remove Heed from suspicion.

Kennedy Stewart, an associate professor at Simon Fraser University and a former federal NDP candidate, said Heed is likely done as solicitor general, whatever the outcome of any new investigation..

"I think it will be pretty hard for him to recover from even if they do find no wrongdoing," he said. "I do think that there forever is going to be a cloud hanging around this."

Special prosecutor saw no conflict

Heed initially stepped from his post in April when it was revealed the RCMP was investigating his campaign in the Vancouver-Fraserview riding where he won by 750 votes.

The investigationprobed unregistered campaign brochures that claimed the NDP was planning to legalize heroin and cocaine and said the party was considering instituting an inheritance tax.

Terrence Robertson,thespecial prosecutor appointed to investigate the matter, cleared Heed on Monday of an wrongdoing, while two ofHeed's campaign workers were charged.

Heed was reinstated on Tuesday, but hours later it was revealed that Roberston was quitting the case because of a potential conflict of interest. In a letter outlining his reasons for resignation, Robertson said his law firm donated $1,000 to Heed's campaign.

Robertson said he knew about the campaign contribution before taking on the case, but didn't believe it posed a conflict of interest.

However, Robertson said, upon further reflection he determined that continuing as special prosecutor would provoke "comment from the public and the media" as to his impartiality.

But Robertson did maintain that his investigation was entirely objective.

The B.C. Law Society has launched an investigation into Robertson's conduct.

Barinder Sall, Heed's campaign manager, faces six charges, three of which are criminal, including two counts of obstruction of justice. Sall also faces three charges under B.C.'s Elections Act, including one count of illegal election advertising.

Satpal Johl, Heed's financial officer, faces charges under the Elections Act in relation to campaign financing.