No grounds for premier to refuse to testify in BC Rail

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Will the Premier Gordon Campbell testify in the B.C. Rail case?

That will depend on whether he is called.

Campbell was not on the list of 40 witnesses presented by the prosecution during the jury-selection process.

But the defence could seek to call him, providing the judge agreed that his testmony could be relevant to the proceedings.

Or the crown could add him to the list to rebut testimony from defence witnesses.

In that event, some commentary on the trial has suggested that Campbell could/would refuse to appear by invoking his privilege as a member of the legislature.

But no  privilege exists that would allow an elected member to refuse to testify  a criminal proceeding.

If called, he would have the same obligation to appear as any other citizen.