Richard Gleeson
Northern News Services

Yellowknife (Sep 21/01) - Principal secretary John Bayly said he only learned a controversial telephone call with the conflict-of-interest commissioner was being taped part-way through.

Testifying under oath before a special committee of the legislative assembly yesterday, Bayly said he could not recall at what point in the March 29 conversation he realized it was being recorded by cabinet minister Jane Groenewegen.

"I looked up at some point and ... saw a hand-held tape recorder," Bayly said.

It is unclear whether or not the early part of the call was taped illegally. Section 184 of the Criminal Code states it is a crime to record a conversation without the knowledge of at least one of the parties to the conversation.

Though only two people -- Bayly and Roberts -- participated in the conversation, listening to the speakerphone Bayly was using were the premiers' most senior advisers.

Bayly and Groenewegen recalled others were in Premier Stephen Kakfwi's office, where the call was made. Both listed the same people who may have been listening: chief of staff Lynda Sorensen, director of communications for the executive April Taylor and Groenewegen's executive assistant, Sheila Bassi. Kakfwi was not present.

Bias allegation remains

Groenewegen contends the recording proves Roberts misled the committee and supports her bias complaint against the commissioner.

The committee is also looking into the circumstances surrounding the recording, which was criticized by MLAs as unethical and led to Premier Stephen Kakfwi asking for and receiving Groenewegen's resignation as deputy premier.

Bayly made the phone call a few hours after a CBC Radio broadcast alleging Groenewegen was violating conflict-of-interest law by remaining a director of businesses in which she held a financial interest.

The story prompted an inpromptu meeting of Bayly, Groenewegen and the group that may have been listening in. From that meeting a plan emerged: Bayly would call Roberts and question her about issues arising from an interview Roberts had given CBC reporter Lee Selleck.

After a brief conversation about Groenewegen's blind trust, the conversation almost wrapped up. "I made a motion to Mr. Bayly ... to keep her talking," Groenewegen said.

Eventually Roberts told Bayly, "I think what (Selleck) was specifically asking was, he had done a company search and he noticed Jane's name still on the company registry as a director."

For three months, only those in attendance when the recording was made knew it existed.

Then, in a June 29 submission to the committee, Roberts' lawyers wrote, "The CBC reporter did not make the conflict commissioner aware of the existence of documentation filed in the corporate registry concerning the identification of the minister as a director."

Groenewegen said her lawyer, Barrie Chivers, first suggested using the tape to support the bias complaint against Roberts.

Groenewegen and Sorensen reviewed the tape at Sorensen's home, weighed the political risks involved, and decided to use it.

"We tried numerous times that evening to get Mr. Bayly on the phone, but we were unsuccessful," said Groenewegen. "I understand (from Sorensen) his concurrence was obtained."

Bayly said he informed Kakfwi of the call and the recording on July 6, three weeks before the premier asked Groenewegen to resign.

The hearing is expected to continue to Saturday, with the premier and Roberts among those expected to testify.