VICTORIA – A Vancouver lawyer has resigned from the job of special prosecutor, just hours after being appointed by government to oversee a police probe into a government staffer accused of lying about the destruction of public records.

The province’s Criminal Justice Branch had appointed lawyer Greg DelBigio to provide legal advice to the RCMP in its investigation on Thursday, as well as conduct an independent assessment of any charges that may result from the police work.

But almost immediately after his appointment, there were questions about DelBigio’s separate work as a defence attorney for B.C. Liberal party staffer Mark Robertson, who is one of two government insiders charged with Election Act offences related to an unrelated ethnic outreach scandal.

“Neither Mr. DelBigio, nor the Criminal Justice Branch, considers this situation as one that gives rise to any real or apparent conflict of interest,” the branch said in a media statement accompanying his resignation.

“However, out of an abundance of caution and in recognition of the importance of safeguarding the perceived and actual integrity of the investigation and prosecution process, Mr. DelBigio has decided to withdraw from his appointment as Special Prosecutor.

“He has determined, out of respect for the importance of maintaining public confidence in the administration of justice, that even a risk of a perception of potential conflict must be avoided.”

No replacement was immediately named.

The special prosecutor system is typically used in cases where current or former government officials are facing police investigation, and the public needs reassurance that government staff and officials won’t exert improper influence on government-employed Crown prosecutors.

The appointment was made by assistant deputy attorney general Joyce DeWitt-Van Oosten, who chooses special prosecutors based upon an internal government list of previously-vetted candidates and whose selections are free from any consultation or approval by the government.

The case DelBigio had been initially appointed to oversee involved allegations uncovered by Privacy Commissioner Elizabeth Denham as part of a recent investigation into a government staffer accused of improperly deleting records within the Ministry of Transportation in order to hide them from public release through the Freedom of Information process.

The staffer, George Gretes, had worked as a ministerial aide to Transportation Minister Todd Stone.

Gretes has since resigned.

Denham alleged in a report that he lied under oath to her investigators about his involvement in email deletion.

The special prosecutor was to provide advice to the RCMP as the force investigates “the alleged conduct” of the former assistant, according the criminal justice branch’s initial media release.

Providing false testimony under oath could be considered perjury under the criminal code. Gretes has not been charged with any offence.

The deleted emails related to government’s community consultations about possible safety improvements to the so-called Highway of Tears, a 720 kilometer stretch of road between Prince George and Prince Rupert where numerous women have gone missing or been murdered.

It’s not known what was contained within the deleted emails. Both Denham’s office and the government have said they could not be recovered.

“When providing legal advice to investigators a special prosecutor does not control, supervise or direct the investigation,” read the statement.

“It is up to the investigators, once they have received any advice, to independently decide whether and how they should conduct the investigation; who should be investigated; and what evidence to gather.”

The criminal justice branch said it would like to hire a replacement special prosecutor as soon as possible.

rshaw@vancouversun.com

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