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Restoring reputations to the defamed -- Telling the truth about the undefamable

April 16, 2004  
   
This trial represents a culmination of the 5 1/2 years we have been on the internet and the 5 years before that where we tried to get this story to the public. Court seals and publication bans rarely serve the public interest.

< < < | articles and editorials from Jan 6-9 | more | Sabo's apology | Editorials: StarPhoenix, Leader Post and National Post > > > | National Post front page story, Jan. 10 > > > | Sarah Gibb's profile of Richard and Kari Klassen | Lives ruined by Jason Warick, Feb. 19 | Negotiations and strategic actions: reports of the ex-gratia payment struggle | The betrayals: Dueck walks | Sabo lies | Province applies to intervene after promising expedited appeal | Carrying on into 2005


June, 2004: Settlements reached? | Complete coverage through links on sidebar

 

Court vows to resolve Klassen suit

Darren Bernhardt, The StarPhoenix, April 15, 2004

Court of Queen's Bench Justice George Baynton has vowed to proceed with a trial into damages owed to Richard Klassen and 11 others, refusing any more delays.

"Barring multiple deaths we are going to go Sept. 13. This matter has dragged on and on too long. The parties involved simply have to make it happen," Baynton said Wednesday.

The reason for the courtroom session was to establish dates for a conflict-of-interest hearing (April 29) and a pre-trial meeting (mid-June).

"I hope nobody dies," Klassen said outside court, partly in jest but also fed up with waiting for closure since filing the malicious prosecution lawsuit in 1994.

The pre-trial meeting could result in an agreement that would eliminate the need for trial, said lawyer Robert Borden, who is representing all plaintiffs but Klassen, who is acting on his own behalf.

"I think that's very possible," Borden said, noting 70 per cent of cases taking that route are resolved at a pre-trial meeting. "This has been an awful long time (for the plaintiffs) to wait. Let's settle it so everyone can get on with their lives."

Baynton had his work cut out for him in dealing with five solicitors to set the dates. Aside from Klassen and Borden, Ken Stevenson was on hand, while Bob Richards and David Gerrand were conferenced by phone.

Baynton wanted the session to determine where all the parties were at in regard to preparations "to ensure the trial date was not in jeopardy."

The plaintiffs are seeking $10 million in compensatory and punitive damages for having been falsely accused of sexual assault in 1991. They initially filed a malicious prosecution suit in 1994 but it didn't get to trial until September 2003. In December, Baynton found Crown prosecutor Matt Miazga, Saskatoon police officer Brian Dueck and child therapist Carol Bunko-Ruys acted maliciously. He also chastised Dueck for doggedly pursuing the charges without evidence.

On Wednesday, Baynton said he will not accept attempts to postpone the September date for any reason, particularly if lawyers claim they are not ready.

"This is a quantum trial (to set a monetary figure). It is not the liability trial (to determine fault). That's already been done," he said, suggesting that less groundwork is needed. "It's possible to at least present the basic case."

Klassen was pleased with Baynton's determination.

He feared lawyers would try to delay the trial further after he filed a conflict-of-interest motion against Stevenson's firm of Priel, Stevenson, Hood and Thornton.

Stevenson is representing Bunko-Ruys but is also investigating possible wrongdoings by Dueck on behalf of the Saskatoon Police Service.

When he left the courthouse Wednesday, he refused to speak to reporters, ignoring questions before getting into his car and driving off.

In court, he said that it would take "an extraordinary effort" to be ready for Sept. 13 because his work is "in limbo land" due to the conflict claim.

Richards, representing Miazga, also suggested he needed more time. He was brought into the case in March when Miazga switched from the Justice Department lawyers and is trying to catch up.

Gerrand, who is representing Dueck, also wants the conflict matter dealt with prior to the trial.

Borden plans to meet with his clients to gauge their interest in becoming involved in Klassen's conflict motion.
© Copyright 2004 The StarPhoenix (Saskatoon)


Truth can never be told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell

Truth suppress'd, whether by courts or crooks, will find an avenue to be told. Sheila Steele, injusticebusters.com


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I created this blog for people to share their stories. I receive many e-mails with serious stories which I don't have time to check properly and so they sometimes fall by the wayside. I hope people will take their stories to this blog.

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Index to the stories on this website

This is not regularly updated so if you are looking for a particular story and you have a name or keyword, please use the site search engine(at the bottom of the page) which IS regularly updated

Index to Saskatoon Police stories

This is a pretty good scrapbook for the 1998-2002 period.

 
Religious Tolerance has included an excellent account of the Klassen/Kvello malicious prosecution case among its excellent collection of similar cases.
 

September 8, 2003: Trial Begins
September 09, 2003: Pamela Klassen Shetterly's Testimony
September 10, 2003: Anita Klassen
September 11, 2003: Michelle Ross
September 12, 2003: Sheila Verway
September 16, 2003: Michael Ross
September 18, 2003: Ellen Gunn
September 19, 2003: Terry Hinz
September 19, 2003:StarPhoenix editorial, Terry Hinz
September 20, 2003: Louis Dupuis
September 27, 2003: Ron Schindell, Jay Watson
October 01, 2003: Case
against the Klassens weak: documents
October 02, 2003: Judge asked to dismiss suit: No evidence of malicious intent: lawyers
October 2, 2003: Letter to the editor from former "Believe the children" advocate
October 03, 2003: Lawyer details evidence of malice
October 04, 2003: Judge ponders request to drop Klassen lawsuit
October 27, 2003: Judge Baynton's interim decision: Quinney dropped, the rest proceed
October 27, 2003: Claim goes forward
October 29, 2003: Brian Dueck
October 30, 2003: Dueck
October 31, 2003: Brian Dueck
November 01, 2003: Matthew Miazga
November 04, 2003: Matthew Miazga
November 05, 2003: Matthew Miazga
November 06, 2003: Sonja Hansen

 

injusticebusters' daily reports

Final judgment: Dec. 30, 2003 |

articles and editorials from Jan 6-9 | Sabo's apology | Editorials: StarPhoenix, Leader Post and National Post > > > | National Post front page story, Jan. 10 > > > | Sarah Gibb's profile of Richard and Kari Klassen | Lives ruined by Jason Warick, Feb. 19 | | April 15/04: Judge Baynton warns defendants' lawyers not to delay damages trial | Dueck drops his appeal | Full transcript of Dueck's examinations for discovery which were part of the read-ins at the civil trial

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April 27, 2005

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