VIVIAN Vaughan, former councillor and mayoral candidate in the District of West Vancouver, testified in B.C. Supreme Court Wednesday as part of David Marley's defamation lawsuit against Peter Kains.
Marley is suing Kains for comments he made during an all-candidates debate at Highlands United Church in the run-up to the 2009 provincial election. Kains told the 200 people present that Marley was under investigation by the West Vancouver police and the attorney general. West Vancouver police officer Sgt. Jeffrey Wright testified Monday that although he had looked into an election complaint Vaughan filed against Marley - and also complaints filed by Marley himself - there had never been a police investigation nor had the attorney general ever become involved.
On Tuesday, Kains stated that his comments were based on an unsigned letter that appeared at his office the day of the debate.
Looking at the letter, Vaughan confirmed that it was a heavily redacted version of the letter she had written to the West Vancouver police complaining about several aspects of the 2008 municipal election, including Marley's conduct. After looking into her complaints, and also those filed by Marley, the police dropped the matter.
Under questioning from Kains' lawyer Rod Sieg, Vaughan said she had not created the version that found its way to Kains' office, nor did she have any idea how it got there. In fact, she said, she still hadn't even met Kains.
There were other copies of the letter in circulation though, Vaughan said. Frustrated with the police decision, she sent a copy to the provincial attorney general and to the offices of West Vancouver MLAs Ralph Sultan and Joan McIntyre.
Marley's lawyer, Don Baron, pressed Vaughan for details of her allegations against Marley but Sieg soon rose to object, saying the issue was irrelevant.
"This is obviously another axe to grind," he said, and Justice Elaine Adair agreed.
Baron began his closing arguments Wednesday afternoon, arguing that Kains, a supporter of Sultan's, maliciously made false and damaging statements about Marley. Suggesting such incidents deter people from running for office, Marley is seeking both compensation and punitive damages. Similar cases Baron cited have led to awards in the tens of thousands of dollars.
"This was an ambush in front of 200 voters," said Baron.
The trial continues. Kains' lawyer was expected to make his defence arguments Thursday afternoon.
