- <
< < | 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 | Media coverage leading
up to meeting with Calvert | April
15/04: Judge Baynton warns defendants' lawyers not to delay damages
trial | Sheila Steele's sermonettes have chronicled the moral
view of all of this for the past months and are listed in the
right column
- December, 2004: Government
stalls appeal: seeks to intervene on its own behalf | Dueck walks away a wealthy man:
it seems no one has the will to make him account for his malicious
and criminal actions
-
-
- The Klassen
story
- Breaking
through to the public
-
-
-
-
- Klassen settles suit
with Dueck
Shannon Boklaschuk, The
StarPhoenix; With files from Canadian Press, May 1, 2004
The man at the centre of a
high-profile malicious prosecution lawsuit has settled his claim
against a Saskatoon city police officer.
At a press conference at his
new west-side home on Friday afternoon, Richard Klassen told
reporters that a "conclusion" has been reached with
Supt. Brian Dueck.
"I can't discuss a settlement
amount, but certainly it has been concluded satisfactorily to
myself," said Klassen, who refused to disclose a dollar
figure.
Although Klassen repeatedly
said details of the settlement agreement are to remain confidential,
he noted it "represents closure."
"As everyone knows, I'm
self-represented. I've been working on this case for a long period
of time," he said.
"I took it upon myself
to see if I can conclude matters, and I think that defendant
Dueck and counsel would like to see it end."
Klassen said he will immediately
file documentation with the Court of Queen's Bench, stating all
action between himself and Dueck has been "concluded."
"It's over for him and
I, and it's done," Klassen said in an interview.
"I want him out of my
mind."
Klassen said working on the
settlement agreement was difficult for him, since he had to keep
details from his wife, Kari, another plaintiff.
Kari Klassen told reporters
that she only learned of the out-of-court settlement during Friday's
media conference.
"I didn't know until now.
I can't believe it. I'm so happy for him," she said, her
voice breaking with emotion.
"I'm very proud of him,
extremely proud. Everything that he has done, all the decisions
he has made for this case, have worked out extremely well for
everybody -- and they will continue to."
Richard Klassen's sister, Pamela
Shetterly, said she had no idea her brother was going to settle
his claim.
"I'm surprised,"
Shetterly said from her home in Outlook. "What are my feelings?
I don't know. We all harbour different feelings toward what Dueck
did."
Earlier this year, police Chief
Russell Sabo apologized to the Klassen family and announced he
hired a law firm to investigate the role Dueck played in their
malicious prosecution.
"I have faith in the chief
of police," Klassen told reporters.
Dueck is on medical leave.
His lawyer could not be reached for comment Friday.
However, police spokesperson
Insp. Lorne Constantinoff said the department is "happy"
that an agreement has been reached.
"It's a good indication.
It's a sign of moving forward."
Mayor Don Atchison also said
he's pleased the two sides have come to a conclusion, but pointed
out the city didn't participate in the negotiations.
"It was between Mr. Klassen,
Supt. Dueck, his lawyer and the insurer," he said.
Atchison, who chairs the police
commission, said the city is not on the hook for any more than
a $50,000 insurance deductible, which has already been paid.
In late December, Court of
Queen's Bench Justice George Baynton ruled that three officials
-- Dueck, child therapist Carol Bunko-Ruys and Crown prosecutor
Matthew Miazga -- maliciously prosecuted Klassen and 11 other
plaintiffs.
In 1991, Klassen and his family
members were wrongly accused of sexually abusing three foster
children.
The charges were eventually
stayed against them, and they sued for malicious prosecution.
Their lawsuit sought damages of more than $10 million.
A trial to determine damages
is set for Sept. 13, although an agreement could be reached during
a pre-trial settlement conference in June.
The provincial government has
appealed Baynton's ruling, as has Dueck. Dueck on Friday abandoned
his appeal pertaining to Klassen.
Klassen has not reached settlements
with either Miazga or Bunko-Ruys.
Lawyer Robert Borden, who represents
the other plaintiffs, said he hasn't been given "the particulars"
of Klassen's settlement. He said none of the other 11 plaintiffs
have sought out-of-court settlements.
Borden also said Richard Klassen's
settlement doesn't affect his clients.
"We're very happy for
Mr. Klassen that he's resolved that one issue, but certainly
it has no impact on the amount of damages which the other plaintiffs
will receive," he said.
For years, Klassen has worked
to clear his family's name. Along the way, he has also dealt
with other challenges, such as a recent prostate cancer diagnosis
and an addiction to sleeping pills and other medication.
Filming will begin in a year
on a two-hour, made-for-TV movie about his struggle for justice.
But for now, Klassen plans to focus on "health issues,"
which he says he's "going to try and keep private.
"I do have a new physician,
and I'm going to work on some health issues," he said Friday.
"So closure for me, as
far as Dueck is concerned, it really does help."
© The StarPhoenix
(Saskatoon) 2004
Fight to clear family
name takes toll
Canadian Press, The Record
Kitchener-Waterloo, Ontario May 1, 2004 Saturday Pg. A3
REGINA Citing
his deteriorating health and an addiction to sleeping pills,
the man who spearheaded a successful malicious prosecution lawsuit
against police and prosecutors in Saskatoon has settled a portion
of his claim.
Richard Klassen
has reached a settlement with Saskatoon police Supt. Brian Dueck.
Terms were not released.
"I'm not
trying to let anybody off the hook here," Klassen said yesterday
after signing the deal in Regina. "I just really want to
go on with my life."
Klassen and 11
of his relatives were charged in 1991 with abusing three foster
children -- a brother and his younger twin sisters -- in bizarre
and demonic ways.
But by 1993 most
of the charges were stayed to avoid further "trauma"
to the children and, as the years passed, they recanted.
Last December
a judge ruled that Dueck, a child therapist named Carol Bunko-Ruys
and Matthew Miazga, the lead Crown prosecutor, were malicious
in their pursuit of a case against the family.
Damages are to
be determined at a trial this September, but all three defendants
have appealed the ruling.
The 11 other family
members, including Klassen's wife, still have outstanding claims
against all three of the defendants. Klassen, who represented
himself during the trial, still has outstanding claims against
Bunko-Ruys and Miazga.
Clearing the Klassen
family name has taken a physical toll on Richard.
Midway through
the ordeal he was diagnosed with prostate cancer and has just
begun seeking treatment. He also developed an addiction to sleeping
pills and antidepressants that he's been trying to kick since
he won at trial.
"My addiction
problem is being dealt with and I am doing much better,"
Klassen said, adding he plans on devoting the entire month of
May to improving his health and might even check into a centre
where he can get some more help.
Conflict complaint dismissed:
Judge finds Klassen not affected by law firm connections
Darren Bernhardt, StarPhoenix,
April 30, 2004
A conflict-of-interest application
against a Saskatoon law firm was dismissed by a Court of Queen's
Bench judge Thursday after complainant Richard Klassen unexpectedly
retracted it.
Klassen said he
raised the matter as a sort of pre-emptive strike so no one else
could bring it up at a later date and delay a trial in September
to set damages in his malicious prosecution lawsuit.
"I really
needed to bring this motion forward so that I could have that
dealt with. Things must go ahead in September," he said
outside the courthouse. "We need this over. Everyone needs
this over -- the public needs this over. We all need to heal."
Klassen apologized
to Justice Peter Foley for taking up court time.
Klassen and 11
others were falsely accused of ritual abuse and sexual assault
against three foster children in 1991. In December 2003, they
won their malicious prosecution suit against police Supt. Brian
Dueck, child therapist Carol Bunko-Ruys and Crown prosecutor
Matthew Miazga.
In his ruling,
Justice George Baynton chastised Dueck for conducting a shoddy
investigation into the allegations of sexual abuse and for ignoring
evidence that would have cleared the accused.
A trial to determine
damages is set for Sept. 13, although an agreement could be reached
during a pre-trial settlement conference in June.
Klassen will make
an announcement today regarding his damages suit against Dueck,
but he would not say what it is.
"Let's just
say things are moving forward," he said. "But if I
say anything else, the other plaintiffs are going to wonder what's
going on. I can't even tell my wife."
His announcement
does not involve Bunko-Ruys and Miazga.
On the conflict
application, Klassen learned last month the law firm of Priel,
Stevenson, Hood and Thornton was hired by police Chief Russell
Sabo to look into Dueck's handling of the case. The same firm
is defending Bunko-Ruys, who helped Dueck prosecute Klassen and
the others.
Foley asked Klassen
how that arrangement directly affects him, to which Klassen admitted
it didn't. Foley then said Klassen doesn't have any standing
in the matter.
Any conflict-of-interest
concerns in this situation are between the clients involved and
the law firm. If either Dueck or Bunko-Ruys takes issue with
the dual representation, only they can challenge it, Foley said.
"In light
of that I feel there may not be a conflict," said Klassen,
who has represented himself in all matters regarding the malicious
prosecution case.
Foley dismissed
the conflict application, saying, "there is no demonstrable
conflict as Mr. Klassen has no status to intervene."
Lawyer Ken Stevenson,
who is investigating Dueck and defending Bunko-Ruys, did not
talk to the media outside the courthouse.
"I think
the judge has said it all," he said as he walked away.
Klassen said his
resolve to pursue the matter was softened a few days earlier
when Dueck's lawyer, David Gerrand, notified all of the parties
involved that his client was not taking a position on the conflict
issue.
"I was happy
to hear that," Klassen said.
If Dueck does
not have a problem with the arrangement, he is not likely to
sidetrack the September date with a complaint, Klassen noted.
With the conflict
application out of the way, Klassen hopes an investigation into
Dueck's conduct will be sped up.
Police spokesperson
Insp. Lorne Constantinoff also expressed a desire for a conclusion,
saying, "I'm sure things will move ahead smoothly now and
we'll hear something soon."
Earlier this month,
Stevenson said his work was "in limbo land" as he was
forced to halt it until the complaint was heard.
Calvert apologizes to
families But won't discuss early settlement with wrongly accused
Jason Warick, Saskatchewan
News Network, February 20, 2004
Premier Lorne Calvert apologized
for the pain and trauma experienced by the 12 innocent members
of the Klassen and Kvello families prosecuted for child abuse
in the early 1990s when he met Thursday morning with some of
the family and their lawyers in Saskatoon.
Following the hour-long meeting
at the provincial cabinet office, Calvert said he was grateful
that Diane Kvello, Pam Shetterly and two others "spoke to
me with courage about the hurt they have felt and their families
have felt."
The other two cannot be identified
because they were youths at the time of the charges.
Kvello, Shetterly, and the
other 10 family members sued various justice officials in 1994
after the abuse charges against them were stayed. Last December,
a judge ruled that three officials maliciously prosecuted them.
The trial to decide damage
amounts is scheduled for September. The government has also appealed
the case, and that will likely be heard sometime after the damages
trial. No money will be paid until after the appeal.
Calvert referred to the group
as "obviously innocent people," but like Justice Minister
Frank Quennell, didn't go so far as to admit the group was maliciously
prosecuted.
The plaintiffs have called
on officials to pay them their full compensation and end the
ordeal.
Calvert said all sides need
to "respect the judicial system" and let the various
actions proceed.
Kvello, whose late husband
Dennis was also a plaintiff, said it was a "very hard day"
for her.
"I lost my husband in
all of this. That's a burden, in my heart, I did not need."
Shetterly thanked Calvert for
listening, but implored Calvert and the government to compensate
them immediately.
"Let it be over so that
we can start to heal," she said.
"We're asking for an end."
Family lawyer Robert Borden
said Calvert "listened passionately" and appreciated
the premier meeting with his clients.
Other plaintiffs chose not
to attend the meeting with Calvert for various reasons.
None of the people in the meeting
talked about compensation amounts.
The plaintiffs discussed the
trauma they've experienced over the years, and then gave Calvert
some recommendations on ways to improve the justice and social
services system.
For example, they think more
cheques and balances are needed in the system, and that there
should be clearer rules on the Crown's disclosure of relevant
evidence.
Calvert said he'd pass on these
suggestions to the relevant parties in various departments.
© Copyright 2004 The
StarPhoenix (Saskatoon)
Time to do right by Klassen
clan
The StarPhoenix Editorial,
February 20, 2004
One can assume, given the troubled
hand that has been dealt to the Klassen family, that it was not
an easy task for Premier Lorne Calvert to meet with them Thursday.
This would particularly be
the case when Justice officials have insisted -- with some logic
-- that the premier not admit liability or withdraw from the
government's commitment to back the appeal of Queen's Bench Justice
George Baynton's ruling that the investigation and attempted
prosecution of the family was malicious.
While it took an unconscionably
long time for the premier to step forward and do what many in
this province believed was his responsibility in this matter,
it is to his credit that he finally took a step in the right
direction.
Now he must realize -- and
realize quickly -- that this week's weak apology is just a first
step.
As detailed in Thursday's StarPhoenix,
the toll on the 12 family members everyone agrees were falsely
accused of horrendous crimes, has taken its toll and continues
to do so.
Those who know the family insist,
with some credibility, that two members are dead, in a large
part due to the stress of the ordeal the family endured.
Others have tried to commit
suicide, been hospitalized for stress-related mental disorders,
descended into drug abuse, postponed medical treatment for cancer,
suffered paranoid delusions and hallucinations and found themselves
unable to form proper friendships or even have basic physical
contact with their own children and grandchildren.
If, as Justice Minister Frank
Quennell and government lawyer Donald McKillop insist, Baynton's
ruling lowered the bar on malicious prosecution and will make
it more difficult for police and prosecutors to do their jobs,
an assessment by a higher court may be needed on the legal definition
of what constitutes "malicious prosecution."
But when the federal government
needed to know whether the Constitution allowed the definition
of marriage to include same-sex couples, it went directly to
the Supreme Court, without appealing lower-court decisions and
risking doing unnecessary harm to people already caught up in
the debate.
If the Saskatchewan government
believes the higher courts would be disinclined to deal with
a direct reference on this theoretical issue, it could still
back the appeal but admit that the harm caused -- whether the
intent was malicious or not -- is so egregious, and escalating
at such a rapid pace, that immediate compensation is a moral
imperative.
There is a huge difference
between run-of-the-mill investigations and prosecutions that
may be in error or even incompetent and those that are handled
maliciously. Of the 84,000 cases dealt with each year in Saskatchewan,
few likely get even close to the line of being malicious.
There is no question that law
enforcement officials, social workers and lawyers must do their
utmost to protect victims -- particularly when dealing with children.
But they must remember laws are designed to help humans interact
with one another, not be an excuse to avoid doing the humane
thing.
Calvert's apology may be a
step in the right direction but it's time the province picks
up the pace on providing compensation and brings this travesty
to a conclusion. There is no need to wait until the scheduled
September hearings to work out suitable compensation. Lawyers
for both sides should be able to reach a just solution in a civil
manner without an adversarial hearing, as happened with the $1.3-million
settlement with John Popowich, falsely accused in the Martensville
case.
---
Steven Gibb, Gerry Klein, Les
MacPherson, Sarath Peiris and Lawrence Thoner collaborate in
writing SP editorials
---
"Democracy cannot be maintained
without its foundation: free public opinion and free discussion
throughout the nation of all matters affecting the state within
the limits set by the criminal code and the common law."
-The Supreme Court of Canada,
1938 © 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