VANCOUVER — Former B.C. conflict of interest commissioner Ted Hughes says he was "shocked" and "depressed" when he first read former premier Bill Vander Zalm's autobiography.

Hughes, who is suing Vander Zalm for defamation, told a B.C. Supreme Court jury Monday that he obtained a copy of the 645-page book for $50 in the spring of 2009 and was surprised to see that he was singled out by Vander Zalm in the preface.

He said he'd tried to live his life honestly and with honour and it was difficult to come under attack by a man who held the highest public office in B.C.

"I feel I'm entitled to some comment, whether I'm right or wrong, so history doesn't necessarily record what Mr. Vander Zalm said about me," said Hughes, a former judge and former deputy attorney general.

"Because I find it so depressing, untrue and unfair."

Hughes said he only decided to take the case to court after Vander Zalm re-entered public life, helping to lead the campaign against the HST.

He said he saw an interview with the former premier at which his book, Bill Vander Zalm For the People, was being promoted.

"That was the trigger point for me."

Hughes' lawyer, Irwin Nathanson, provided a summary for the jury of tumultuous B.C. political events that happened more than 20 years ago and which are at the core of the defamation case.

In 1991, while Hughes was acting conflict of interest commissioner, he was asked by Vander Zalm to inquire into allegations the premier had breached conflict guidelines in connection with the 1990 sale of Fantasy Gardens to Taiwanese businessman Tan Yu.

In April 1991, Hughes concluded Vander Zalm had breached the guidelines, resulting in the immediate resignation of the premier.

In November 2008, Vander Zalm privately published his autobiography, with the book being distributed to 22 libraries and selling about 1,000 copies, court heard.

Nathanson argued that the "natural and ordinary meaning" of the book's passages is that Hughes was self-interested, biased and politically partisan.

"We say that is a very serious defamation of Mr. Hughes."

The alleged defamation includes a reference to Vander Zalm agreeing to then-NDP leader Mike Harcourt's suggestion of Hughes chairing the conflict inquiry.

"I now know that this was the biggest mistake of my entire life," writes Vander Zalm. "My deputy, David Emerson, whom I should have consulted before making the decision, said, 'Mr. Premier, you made a big mistake. I fear the outcome, regardless of what the facts are.' "

Vander Zalm writes that his friend, businessman Peter Toigo, was "furious with me" and shouted to him on the telephone, "Hughes will put down one government and reap the benefit for another."

The former premier writes that his "second biggest mistake" was to agree with Hughes not to call an election during the inquiry.

"I had allowed myself to be set up in a situation where Ted Hughes could be the prosecutor, judge and jury. Hughes had demanded a 'no election call' commitment which I gave him, based on his promise that the investigation would be done quickly. Sometimes it's naive to be too trusting."

Following the resignation, Vander Zalm challenged Hughes' findings but the B.C. Supreme Court found that it lacked the jurisdiction to deal with the issues and dismissed the case.

The former premier was also criminally charged but was acquitted after trial.

Nathanson said that in addition to Hughes, he expected to call former premier Mike Harcourt and possibly Joe Arvay, a high-profile lawyer who assisted Hughes in the conflict inquiry.

Frank Potts, a lawyer for Vander Zalm, said he expected to call just one witness, the former premier himself.

During the opening statement by Nathanson, Hughes and Vander Zalm sat at either end of the front row of the public gallery. Neither man appeared to take any notice of the other.

Vander Zalm was premier from 1986 to 1991. Most recently, he helped lead the campaign against the HST in B.C.

The trial before the five-man, three woman jury is scheduled to run for 10 days.

kfraser@theprovince.com

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