|
Dueck
drops his appeal | Full transcript
of Dueck's examination which was read in at the civil trial
| What
did Klassen case cost? | Justice
Minister Quennell | Martensville
settlement | Geoff Dufour
| April 15/04: Judge Baynton warns
defendants' lawyers not to delay damages trial | 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 | Sermonette:
How many lawyers does it take
to wreck a province? |
-
- The Klassen
story
- Breaking
through to the public
Richard
Klassen did not receive nor did he ask for a written declaration
of innocence. "The Judgment of the court is the only declaration
I need," he told Sheila Steele Saturday.
Klassen family given
declarations of their innocence
Jason Warick, Saskatchewan
News Network,, September 11, 2004
The 12 people maliciously prosecuted
in the early 1990s on false sexual abuse allegations have received
signed declarations of their innocence from the three main officials
who handled the case.
"I acknowledge and accept,
based on the information and evidence now available to me, that
all plaintiffs in the above-described action were, and are, innocent
of all criminal-related charges that the plaintiffs faced,"
Saskatoon Police Services Supt. Brian Dueck wrote in his letter
to the 12 members of the Klassen and Kvello families.
Similar declarations were made
by Crown prosecutor Matthew Miazga and therapist Carol Bunko-Ruys.
In 1991, the Klassens and Kvellos
were charged with repeatedly abusing three foster children in
Saskatoon.
The claims of the children
proved to be lies, and all three recanted. In December, following
a lengthy and emotionally charged lawsuit trial, Miazga, Dueck
and Bunko Ruys were found liable by Justice George Baynton for
acting with malice against the 12 plaintiffs.
Each plaintiff received an
undisclosed settlement.
Saskatoon lawyer Robert Borden,
who represented all of the plaintiffs except Richard Klassen,
said his clients were pleased with the development.
It was important for the premier,
the justice minister and a Queen's Bench justice to acknowledge
the plaintiffs' innocence, which had been done, "but it's
another thing" to get it in writing from those who actually
prosecuted them, Borden said.
"We wanted their signature
on these documents, and that's what we have," Borden said.
"It's universal -- they were and are innocent."
Dueck is on medical leave,
and the police service's internal investigation into his actions
is ongoing, said police spokesperson Insp. Jeff Bent.
The only remaining matter is
an appeal by the provincial government of the malicious prosecution
finding. No date has been set to hear the appeal.
The appeal will not affect
the undisclosed compensation awards received by the plaintiffs,
nor will it affect the declarations of their innocence.
© The StarPhoenix (Saskatoon) 2004
-
- Gov't compensates Klassens:
- Amount of settlement
for Richard, Kari Klassen confidential
Jason Warick, Senior Reporter
Saskatchewan News Network June 23, 2004
Richard and Kari Klassen --
two of the 12 people who successfully sued justice officials
for malicious prosecution over false child abuse allegations
in the early 1990s -- have agreed on a compensation package with
the provincial government.
The remaining plaintiffs still
face the prospect of a fall trial to argue settlement amounts.
A pretrial conference is scheduled to begin Thursday, and the
trial is set for Sept. 13.
But for Richard and Kari Klassen,
the settlement comes as a huge relief. Richard Klassen said he
was bound by a confidentiality agreement and could not reveal
the amount they received.
"Kari and I have stated
we wanted out and we're getting out. I don't want anything to
do with it anymore," Richard Klassen said Tuesday afternoon
before he and Kari took their kids for a day of fishing on Lake
Diefenbaker.
"I'm so glad it's over.
Holding in that kind of animosity was killing me."
Prosecutor Matthew Miazga and
therapist Carol Bunko-Ruys, two of the three defendants, have
settled with Richard and Kari Klassen, confirmed Bob Richards,
Miazga's lawyer.
The government is continuing
with its appeal of the decision in the lawsuit, but the outcome
of the appeal will not affect the settlements.
The settlement effectively
concludes Richard Klassen's involvement with the case, as Klassen
has already settled with the third defendant, Saskatoon police
officer Brian Dueck.
"No amount of money would
compensate for what we went through. I'm definitely not financially
set. I'm not living in Erindale," Klassen said.
"But I'm happy with my
life now."
Klassen said he's been able
to finally kick his addiction to sleeping pills and other drugs,
although his refusal to get surgery or treatment for his prostate
cancer makes his future health outlook unclear.
The makers of a movie being
made about the case will visit Saskatoon at the end of the month
to talk to Klassen and others.
Klassen said he's now looking
for a job. He said he could teach police officers how to deal
with the public, or could work as a researcher or investigator
for a law firm.
He had hinted about moving
to Winnipeg but will now remain in Saskatoon. He said he's anxious
to see the results of an internal police investigation of Dueck,
but thinks the Saskatoon police are making positive changes to
ensure a case such as his doesn't happen again.
Richard Klassen is the only
plaintiff to have settled with Dueck.
Robert Borden, who represents
Kari Klassen and the other plaintiffs, could not be reached Tuesday
afternoon.
Richards, Miazga's lawyer,
said settlements will be reached with the other plaintiffs if
there are "reasonable ways" to resolve them.
Various members of the Klassen
and Kvello families were charged with abusing several foster
children in 1991 in a case labelled the "scandal of the
century."
The charges were stayed against
them in 1993, and they sued shortly after, claiming they were
maliciously prosecuted. Richard Klassen defended himself and
devoted 10 years of his life to the case.
Late last year, Justice George
Baynton agreed, ruling Miazga, Bunko-Ruys and Dueck were malicious.
But they still need to arrive at a settlement amount, which is
to be decided at the damages trial in September. © The
StarPhoenix (Saskatoon) 2004
Klassens, Kvellos reach
deal with provincial gov't
Saskatchewan News Network;
CanWest News Service Jason Warick, The Leader-Post
(Regina, Saskatchewan) June 26, 2004 Saturday ; Pg. B2
SASKATOON -- The 14-year legal
fight is over for the Klassen and Kvello families after
they reached a settlement with the government Friday afternoon
stemming from their successful malicious prosecution lawsuit.
"After two long
days, we have reached a settlement," said Robert Borden,
who represented most of the 12 people charged in 1991 with
multiple counts of child abuse.
"Each of my clients
is pleased with the settlement."
Borden said a confidentiality
agreement prevents any of the parties from disclosing the
final settlement amount.
In addition to the financial
compensation, each of his clients will also receive a written
declaration of their innocence from the government, something
many of them have waited 14 years to receive.
"This is a significant
breakthrough," Borden said.
The Saskatchewan News
Network has learned that the two sides were still miles apart
after the first day of talks Thursday.
After a whole day of
negotiation Thursday, the government side was offering the 10
plaintiffs $1 million in total while they were seeking $14 million.
The 10 plaintiffs were
broken into smaller groups to try and work things out. A settlement
was reached Friday afternoon with everyone after the government
side moved substantially.
The final compensation
amount remains unclear.
Several of the plaintiffs
attended the talks Friday with their spouses and emerged
from court with Borden. All of them chose to have Borden speak
on their behalf. The apparently relieved group sat together
late Friday afternoon chatting around a downtown park bench.
Borden represented all
of the plaintiffs except Richard Klassen, who argued his own
case.
Richard Klassen and
his wife Kari settled their case with officials earlier this
week.
All 12 of them were
charged in 1991 based on the fabricated stories of three foster
children, and the charges were stayed two years later. The malicious
prosecution lawsuit was filed in 1994.
Last December, Justice
George Baynton ruled that prosecutor Matthew Miazga, Saskatoon
Police Supt. Brian Dueck, and therapist Carol Bunko-Ruys had
been malicious in their prosecution of the case.
The government has filed
an appeal of the malicious prosecution finding. However,
that matter will not affect the settlement reached Friday.
That appeal will likely
be heard by the Saskatchewan Court of Appeal in November or
December, Borden said.
Dueck is also the subject
of an ongoing internal investigation by Saskatoon police
into his handling of the case. Dueck's lawyer David Gerrand declined
comment Friday.
Police mum on Dueck investigation
The StarPhoenix, March 27,
2004, p.B7
Saskatoon police are not commenting
on a possible conflict of interest involving the law firm it
hired to look into an investigation done by one of its officers.
That same firm -- Priel Stevenson
Hood and Thornton -- is also representing a social worker who
helped that officer.
Insp. Keith Atkinson said as
long as the Saskatchewan Law Society is reviewing the situation,
Chief Russell Sabo can't comment.
In January, Sabo hired Priel
Stevenson Hood and Thornton to review whether Supt. Brian Dueck
had violated either the Police Act or the Criminal Code when
he investigated members of the Klassen family in a child molestation
case.
On March 18, a partner in the
firm, Ken Stevenson, told his partners the firm was representing
Carol Bunko-Ruys, a social worker who worked with Dueck on the
investigation.
Sabo hired the firm after Justice
George Baynton of the Court of Queen's Bench issued a scathing
judgment that included criticisms of the way Dueck doggedly pursued
charges against Richard Klassen and 11 family members accused
of ritual abuse against three foster children more than a decade
ago.
Baynton ruled that Dueck, along
with Bunko-Ruys and Crown prosecutor Matthew Miazga, had maliciously
prosecuted the plaintiffs. Dueck was ruled to have conducted
a shoddy investigation into the allegations of sexual abuse and
to have ignored evidence that would have cleared the accused.
Legal firm contracted
by police in conflict: Klassen
Rod Nickel, The Star Phoenix,
March 26, 2004
The legal firm that advised
police Chief Russell Sabo on potential wrongdoing by Supt. Brian
Dueck also represents child therapist Carol Bunko-Ruys, with
whom Dueck maliciously prosecuted 12 people.
That leaves Priel Stevenson
Hood and Thornton in a conflict of interest that could delay
a damages trial scheduled to begin Sept. 13, alleges Richard
Klassen, one of the malicious prosecution victims.
Sabo identified the firm Wednesday
as having conducted the investigation under the Police Act into
Dueck's actions. Ken Stevenson, a partner in the firm, notified
other lawyers involved in the malicious prosecution case March
18 that his firm will represent Bunko-Ruys in all outstanding
matters related to the case. It's unclear if Stevenson is the
lawyer who handled the investigation for the police.
"The major conflict of
interest I see is Ken Stevenson is speaking on Dueck's conduct
(to police)," Klassen said. "But he's also defending
Carol Bunko-Ruys and saying she's not guilty. Brian Dueck and
Carol Bunko-Ruys conspired together. No way could he separate
that."
Justice George Baynton found
in December that Bunko-Ruys, Crown prosecutor Matthew Miazga
and Dueck had maliciously prosecuted the plaintiffs. The provincial
government has appealed the ruling, on behalf of Bunko-Ruys and
Miazga, as has Dueck.
Klassen said he'll have ready
by Monday a legal motion for the judge of his upcoming damages
trial, seeking a ruling on the conflict allegation. He said the
situation particularly concerns him because if Bunko-Ruys has
to find a new lawyer, the damages trial could be delayed.
Stevenson didn't return messages
The StarPhoenix left at his office. The firm 's senior partner,
Ted Priel, couldn't be reached.
Sabo also could not be reached.
The Saskatchewan code of professional
conduct for lawyers defines a conflict of interest as "one
that would be likely to affect adversely the lawyer's judgment
or advice on behalf of, or loyalty to a client or prospective
client."
It requires that a firm disclose
the conflict of interest to affected clients to allow them to
make an informed decision about allowing the lawyer to act on
their behalf.
Bunko-Ruys could not be reached
for comment.
The law firm typically has
the most to lose in a conflict of interest, said Allan Snell,
general counsel for the Law Society of Saskatchewan. If a client
changes lawyers during a case, it can be expensive and time-consuming
to bring a new lawyer up to speed, Snell said. That can leave
the lawyer liable to a suit to reclaim time and money that a
client lost.
Snell said conflicts of interest
can be resolved in three ways:
- The law firm can drop the
file;
- All lawyers and clients can
give consent to the situation, allowing it to continue; and,
- In limited circumstances,
a law firm could handle a conflict with internal screening devices
keeping a partner's work on one end of the case away from another
lawyer's work.
"The general rule is one
firm can't argue both sides of a case," Snell said.
He declined comment on the
Priel Stevenson Hood and Thornton matter.
Is it any
wonder that Saskatchewan Justice is in such a sorry state? Below,
we have a letter from the former past-president of the Saskatchewan
Branch of the Canadian Bar Association. On February 19, the StarPhoenix
published an opinion from Dan Ish who is the Dean of Law at the University of
Saskatchewan. This was another condescending piece, full of generalizations
and empty of detail.
Yes, Ralph.
It is important citizens have the right to appeal. When they
have grounds for appeal. It is not the obligation of those who
have been fairly busted in a court of law to waste more public
money dragging out their shameful cases.
Appeals key part of adversarial
justice system
Ralph K. Ottenbreit,
Letter to The StarPhoenix, Tuesday, February 10, 2004
The Canadian Bar Association,
Saskatchewan Branch, is the voice of lawyers in this province.
As past-president and an executive committee member, I write
to provide our organization's response to recent comments in
the media regarding the Klassen ruling.
I remind members of the public
and media that a fundamental tenet of our system of justice is
the right of litigants to appeal the decision of a trial court
to a higher court.
Every unsuccessful litigant
who considers a trial decision to be unfair, unjust or wrong
has the right of appeal.
Our organization takes no position
on the merits of the trial judge's decision. Whether the decision
is "right" or "wrong" is immaterial to our
comments.
We simply wish to impress upon
readers that the appeal process, which allows for a second level
of judicial analysis, is a fundamental aspect of our adversarial
system of justice and exists for the benefit of all citizens
in a democratic society.
It is important that we not
lose sight of the fact that the Klassen case involved an investigation
of sensitive and highly charged matters relating to the safety
and protection of children and accordingly, if this decision
is seen as establishing a standard by which child protection
workers, expert witnesses, social workers, police officers and
others working in the field of child protection will be judged,
then it is most appropriate that the highest court in Saskatchewan
be given the opportunity to consider the criteria.
Having the Court of Appeal
examine the decision and either confirm or correct it can only
serve to strengthen both the mechanisms by which we protect our
children and the integrity of the justice system.
For that reason alone, we see
nothing inappropriate in an appeal of the trial decision. More
importantly, we support and wholeheartedly endorse the system
which allows for that appeal.
Ralph K. Ottenbreit
Past-president
Canadian Bar Association
Saskatchewan Branch
© Copyright 2004 The
StarPhoenix (Saskatoon)
This letter is in response
to Ralph Ottenbreit, Past President of the Canadian Bar Association,
Saskatchewan Branch, Letter to the Editor Klassen Legal Injustice
I find that his comments are simply to protect the image
of the Justice System, to the public, in this outrageous legal
scandal and atrocity of injustice. The Klassen case is a prime
example of the gross injustices, which are happening in our Justice
System in Saskatch ewan. After over 10 years of battling by taking
on the Justice System, Richard Klassen was fortunate enough to
be successful in showing that there was malicious prosecution.
If he had not been so committed to exonerate himself and work
towards taking this action to court, to prove his case, he would
have been railroaded or shut down, as many other people are.
There are many, many cases where people are not happy with the
professional misconduct and misrepresentation of lawyers and
our court system. What can they do about it if they don't have
the passion and commitment of Richard Klassen?
The fact that the litigant
has the right to appeal to a higher court in this case is absurd.
It is blatant abuse of process to appeal this, at the taxpayer's
expense. It shows that the justice system in this province is
simply trying to save face and won't admit to the wide spread
corruption that runs ramped in our justice system. What is being
done to correct the problems or make the lawyers and judges accountable
so we can have a fair System of Justice, not a money making scam
for lawyers.
We have been represented in
various legal issues by a number of lawyers and have been misrepresented
by most of them. The mission statement of lawyers appears to
be what one lawyer with over 20 years practicing law who was
reported to have said to his client, "What is the difference
between doctors and lawyers? Doctors bury their mistakes and
lawyers charge for them." If you dig deeper, our adversarial
system of justice was designed by lawyers to run up their bill
and is not to the benefit of all citizens in a free and democratic
society. The only winners in this whole System of Injustice are
lawyers. The Justice System nurtures an environment that allows
lawyers to carry on their misconduct. The Law Society, a self-governing
body, is involved in the conspiracy to protect the image of lawyers
to the public.
The point that was made by
Ralph Ottenbreit that this case involves the investigation of
sensitive and highly charged matters, relating to the safety
and protection of children, and accordingly would set the standard
of child protection workers, and others working in the field
of child protection. This case has nothing to with how the law
will relate to these matters it is simply to do with the professional
misconduct of the justice system and lawyers in misrepresenting
and charging people for their misrepresentation and negligence
and working feverishly to try to cover up their gross misconduct.
Having the Saskatchewan Court of Appeal examine the decision
will neither confirm nor correct the mechanics or process by
which we protect our children. This will give the Justice Department
another chance to save face to try to preserve the image and
the integrity of the justice system. This will only prove that
there is a blatant conflict of interest. I won't be surprised
if the Saskatchewan Court of Appeal overturns the decision, to
protect the image of the lawyers in this entire conspiracy of
injustice.
Something needs to be done
about the justice system in our province; the public needs to
demand a public inquiry into this case and many other cases of
legal misconduct and judicial interference. The laws of our country
are not being upheld and innocent people are being abused by
the injustice system in our province. Its time the public the
taxpayers of our country voiced their opinions and demanded accountability
by the Injustice System in our country.
Yours truly, Ned Larman
Ned Larmen is another victim
of the Injustice System in Saskatchewan
|
Truth can never be
told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell
