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Malice
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Sermonette,
January 2004
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for sermonette: Mugshots
Shame, shame, triple
shame! Everyone knows Saskatchewan's name!

At 2 p.m. Thursday, as representatives
from all Saskatoon media showed up for a press conference at
the Saskatchewan legislature, expecting to hear a statement from
Justice Minister Frank Quennell, they were greeted instead by
Donald McKillop, the lawyer for two of his clients found to be
malicious in the civil claim.
McKillop says he intends to
appeal on behalf of his clients. He alluded to errors but could
not point to anything specific.
Presumably, the only thing
he can appeal is an order he and Dave Gerrand agreed to March
28, 2003.
Order (by
Judge Mona Dovall, pretrial judge) . . .
2. In the
event that a judgment is rendered that makes a finding of liability
in the action against any of the Defendants, the appeal period
with respect to such judgment shall be stayed pending agreement
on damages and costs.
Issued at
Saskatoon, Saskatchewan, this 28th day of March, 2003
This was a
stipulation insisted upon by Richard Klassen and one to which
McKillop agreed and the judge ordered. Did McKillop give his
assent to this because he was intending all along to appeal Judge
Dovall's order should it become necessary? It would seem he is
arrogant enough to think he is beyond the scope of a Queen's
Bench judge.
Whatever McKillop
or Quennell might be saying to reporters about going to the Appeal
Court, this case is still before Judge Baynton and he has full
jurisdiction over it.
They have already
given notice of their intention to appeal, based on judicial
error which they say requires clarification. The errors are presumably
in the area of the learned judge's interpretation of recent rulings
on malicious prosecution. This is almost funny. The judgment
is about as clear as any judgment could be, laying out the state
of the law in lucid language. The Saskatchewan government doesn't
want clarification but would prefer to return to the obfuscation
they have relied on for decades to run questionable propositions
past Saskatchewan people. If people calling in to talk shows,
or stopping us on the street, or e-mailing us are any indication,
there are many Saskatchewan people who are catching on. They
understand perfectly.
The plaintiffs
will be moving to quash this appeal at the earliest possibility.
In the Court of Queen's Bench in Saskatoon where it still resides.
The jurisdiction is clear.
McKillop told reporters that
there will be no apology. In fine, jovial form after his winter
vacation, he told reporters that the self-serving appeal he filed
today will not cost the taxpayers anything because he is on the
government payroll.
When Frank Quennell took the microphone,
he backed up McKillop, stated he had read the judgment, that
he had personally worked with Matthew Miazga and that he challenged
the judge's findings of malice. For a Queen's Council Lawyer,
he certainly looked the roll of a bona fide brick in the
prosecutorial wall of malice.
When an officer of the court
acts for any purpose other than to further the cause of justice,
he or she is acting with malice. In the United States, this is
called color of law.
It is really quite simple,
not complicated as these buttoned-down folks would like to implant
in our minds.
The words issued by these two
Queens' Council lawyers were predictable and in keeping with
the manner in which the Saskatchewan Justice system has conducted
itself since it first maliciously prosecuted David Milgaard.
To borrow from another famous Saskatchewan trial: Deny, deny,
deny. I forget what famous person said bullshit baffles brains.
As Robert Borden stated on
the John Gormley show earlier this morning, there was malice
throughout the case, particularly on the part of Matthew Miazga
who had the court closed to everyone -- including Borden when
the Ross children told their first set of lies at the preliminary
hearing of their parents and Don White.
Both Quennell and McKillop
said they would challenge Judge Baynton's test for malice. Shucks,
they could even look it up in the dictionary!
Quennell also stated there
would be no apology.
Meanwhile, people around the
world are watching this case, and watching Saskatchewan. We had
a proud moment, there. Those of us fighting for justice are still
standing proudly, but once again, Saskatchewan is a place of
shame.
With this kind of justice system,
who is it that Lorne Calvert and his "Wide
Open Saskatchewan" campaign hopes to attract to this
province?

Mugshots: Putting the face on the victims
of malice
These are
the photos taken by the Saskatoon Police identification unit
on July, 16 after the six Red Deer Klassens had spent six days
in remand and were then transported by police van to Saskatoon.
Those living
in Saskatoon were photographed and finger-printed in Saskatoon
and then released.
When Richard Klassen and I
launched this site in 1998, five years after the civil claim
had been laid, he and his wife Kari were the only members of
the falsely accused group who were prepared to go public. It
was not "comfortable" but they did it as a first step
to getting their names cleared.

Richard and Kari had demonstrated
with picket signs and handed out leaflets. They received some
local publicity in 1993. The media was not allowed to use their
names, though. And as Judge Baynton's 189 page decision so clearly
shows, there were so many aspects to the case that, combined
with the sealing of the evidence, reporters threw up their hands
in frustration. In 1995, Dave Roberts from the Globe and Mail
did a large piece,
accompanied by a hand-drawn illustration, which put Saskatoon
on the map as a place where people were being falsely charged.
Four years later, Dan Zakreski who was a Senior Reporter for
the StarPhoenix also did feature
which occupied the entire front page as well as a special section.
He used pseudenyms to get around the publication ban.
By this time, two of the three
Ross children had recanted their testimony. The feature was well-researched
and hard-hitting. A week after it had been out, I called Dan
to see what the response had been. He replied that it was more
or less a dull thud -- not a single person wrote to the editor.
No one approached him to congratulate him for the ambitious piece.
It was clear that the public was not interested in faceless pseudenyms.

The website was breaking the
publication bans, insofar as we published Richard Klassen's name
and the names of the children (Michelle and Michael had no problem
with that, and because her name was out there, Kathy was able
to eventually re-unite with them. Social Services had moved Kathy
to B.C. and when she asked Social worker Diane Ens about Michelle
and Michael, she was told that Michael might be dead and that
Michelle was working as a hooker.)
It has been mentioned in the
media that Michelle and Kathy have also sued the government.
This is true.
The picture
above is Dale and below is Anita.
From Judge
Baynton's Decision
". . . As indicated previously,
the arrests of the plaintiffs and the apprehension of their children
were orchestrated by Dueck and Social Services well in advance
of the planned
charges and arrests and long before Dueck travelled to Red Deer,
Alberta to interview the plaintiffs who lived there. It was only
because the plaintiffs and their children who resided in Red
Deer were outside the jurisdiction of Saskatchewan Social Services,
that the assistance of Alberta Family Services personnel in Red
Deer had to be secured. The six plaintiffs who lived in Red Deer
were arrested on July 10, 1991.

"The trauma associated
with the arrest of Richard and Kari Klassen from their homes
was accentuated by the stress of seeing their children apprehended
from them by Alberta Family Services. It was also an emotional
experience for Dale Klassen when he was arrested at his home
and his three children were taken from him. Anita Klassen was
arrested at her place of employment. John and Myrna Klassen were
arrested at their home after their children had left for an outing
with friends. During the time these three couples were remanded
in custody in Red Deer for six days, the wives were held together
and the husbands were held together. The three couples were all
returned to Saskatoon where they spent another night in custody
before being released on bail. They then had to find a means
of getting back home to reconnect with their children who had
been placed into foster care.
"Some of the six Red Deer
plaintiffs testified that they were well treated while in custody
in Red Deer but were given a much "cooler" reception
by the police in Saskatoon by being treated with contempt and
being placed for the night in a cold cell without a bunk.
"The remaining six Saskatoon
plaintiffs, Pamela Sharpe, Marie Klassen and the four Kvellos,
were also arrested on July 10, 1991. They too suffered the humiliation
and trauma of being arrested. Marie Klassen had to be taken to
the police station in her wheelchair. She is now deceased and
the desire that she carried to her grave was that she and her
sons and daughters-in-law would be exonerated of the criminal
charges in the eyes of the public. Dennis Kvello is also now
deceased. The proceedings affected him so deeply that he had
his company switch him from his position as a residential electrician
to one as a commercial electrician so that he could avoid coming
in contact with any children. He was no longer able to touch
his own children and lost the desire to have sexual relations
with his wife, circumstances that continued until his death."
(pp. 80-81)

(Marie Klassen,
mother of injusticebusters, )
Richard Klassen
and Pam Shetterly (Richard's older sister) have both told the
media that their mother's last wish was to have them continue
the fight to clear their name.
I also heard
her express that wish.

Yesterday on
the John Gormley show, Pamela phoned in to describe how, when
Dueck took her on the elevator to be processed, that he pointed
to the word "hell" which was scratched into the elevator
door and told her that was where she was going. Since that time
he has tried to make good on that threat. Pamela was a foster
mother who had looked after many drug-addicted babies for Social
Services. She adopted one of them.
After the arrests
Pamela's adopted child was taken from her and she went through
a series of psychiatric "disorders" which required
long periods of hospitalization. When she found out Mikey would
not be returned to her, she attempted suicide, was hospitalized
and a hysterectomy was performed on her. She was doubly devastated
by learning that she would not be able to have children through
either adoption or natural means. Her weight fell to less than
a hundred pounds.
Today, on the John Gormley
show, Diane Kvello spoke publicly and identified herself for
the first time. She told the public how pleased she was with
the judgment and spoke about how after everyone in her family
was charged, she and her husband had stopped hugging their own
children and that she was afraid to go out in public by herself,
feeling that she needed a witness to her every move in case a
false allegation was again made against her. Former neighbours
of the Kvellos had testified at te civil trial. One testified
that she and Diane had been best friends, but that after Dueck
visited them and warned them "they would be safer"
to not have any further contact with the Kvellos. In the meantime,
Dennis died, at the age of 52, the last few years of his life
compounded by stress. An electrician, he stopped doing residential
jobs for fear he might encounter children, and worked only commercial
jobs.

Diane Kvello

Dennis Kvvello
Judge Baynton clearly stated
that there was no reasonable cause to think that any of these
people had ever abused children at any time.
This is the human face of the
malicious prosecution.
McKillop and Quennell today
filed their premature appeal partly to deprive the plaintiffs
of their day in court to testify to their damages.
For them, it is all about damage-control.
As suggested in the Globe and Mail report, now that they know
Richard Klassen is ill, they want to drag it on and hope that
he will die before it reaches the Supreme Court of Canada. Or
they hope he will make a mistake. So far, he has not made any
mistakes as serious as getting the jurisdiction wrong!
It is incredible that the government
of Saskatchewan has chosen to continue maliciously. The good
part is that the worse they get, the stronger resistance gets.
There is a whole generation being raised with this trial as a
background, who are hearing about David Milgaard, and who are
listening to the more interesting conversations occurring around
their dinner tables on the farms, towns and cities.
And some of them are paying
attention. A people's justice could come out of all this.
--Sheila Steele, January
8, 2004
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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
If you hold the mouth
of Truth, It will burst out its rib-cage. Somali proverb
Truth crushed to earth
will rise again. --William Cullen Bryant
- Who we
are:
Publisher Sheila
Steele
- Co-founder: Richard Klassen
New:
injusticebustersblog. Participate!
Our activism
contributed greatly to the good vibes which happened around the
civil trial.
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.
More sermonettes
-
- early commentaries
mixed in with news reports
2001
- January: Legal Treachery to keep Dueck's lies safe
- September: Hatchen and Munson trial
2002
March, 2002 -- Gay Bashing still a legal sport in Saskatoon
-- Even when it turns to murder
- First conscious
sermonettes
- 2003
-
- Feb. 1:
Where we stand
- Feb. 15, 2003:
Has Saskatchewan learned anything?
- March 1:
Connecting the dots
- March 23, 2003:
From Micro to Macro
- March 25, 2003:
About libel
and malice
- March 27 : Gangs
of Saskatoon: the police and prison guards
- April 28, 2003: The
Naked Truth
- May 5: How
low will they go?
- May 15, 2003: Come
clean Calvert, Cline!
- May 30:
Still smearing Milgaard - defamation is alive and well on the
lawn of the Regina legislature and Precendent has been set as
we reclaim our institutions
- June 11, 2003:
--Eric Cline carries on a corrupt tradition
- Nov 7:
Courage -- the only reward is justice
- November 20: Just following orders
- November 24:
Mayor Atchison, community policing and graffiti
- November 25:
Michael Jackson
- November 30: Corrupt officials must be severely punished:
otherwise they just keep on putting the administration of justice
in disrepute!
- December 1: Christmas comes early for injustice
warriors
- December 4: Wide open Saskatchewan?
- December 16: Crawling through the tunnel of justice
since 1991
- December 24: The Crown keeps right on breaking
the law
- December 30: Who will find justice under their tree?
-
- 2004
-
- January 1. 2004: Unprecedented publicity and Happy New
Year
- January 8, 2004: Malice still afoot
- January
10, 2004: Shame
and mugshots
- January
14, 2004:
Telling more truth about the undefamable: McKillop and Quennell,
the static duo
- January
17, 2004: Fifth Estate
returns and A working class hero is something to be
- January
22,23,
2004: Justice is still prevailing -- it is just taking longer
and Bits and pieces are
now coming together to tell the story of the century
- January
27, 2004: Telling the
truth about the undefamable, restoring reputations to the defamed.
- February
5, 2004: Negotiations
and strategies: getting an intransigent government to remedy
its damage
- February
10, 2004: How many
lawyers does it take to ruin a province? and Lawyer continues to treat people's
lives as a cruel game: monopoly?
- Febrary
16, 2004: Calvert
is not King Arthur
- March 29,
2004:
Counting down to the damages trial
- April
16, 2004:
The internet, the courts and now the movies -- We will so what
it takes to get justice
- May 1,
2004:
If Frank
Quennell is any example of what former Justice Minister Chris
Axworthy called "evolving," Saskatchewan is ready to
kiss justice good-bye!
- May 27,
2004: Some observations
on Saskatchewan and justice
- June 7,
2004:Media coverage of Monique
Turenne's story illustrates journalistic laziness
- June 8:,
2004
-- The police not only failed to serve and protect Don and Lorna
Smith and their children but set them up for false charges and
community shunning
- September
2, 2004:
A tale of three cops: Dueck, Gobeil and Schinkel -- with an update
on how they get away with criminal obstruction of justice
- November,
2004:
Wilfred Hathway, Atif Rafay and Sebastian Burns -- RCMP stings
offensive to community standards
- November
11, 2004:
Rogue Platoon? Identifying
the rotten apples in Saskatoon Police Service and why we need
a full public inquiry into our whole justice system
- November
28, 2004:
Can Justice Minister Quennell
take a few more steps? The Prosecutors' office is still harbouring
crowns who put the administrative of justice in disrepute
- November
12, 2004: Saskatchewan
Justice in chaos: The Stonechild report suggests it is.
- November
28, 2004: The
price for being a good judge or a good prosecutor
- December
30:
When the government interferes
with the judiciary, we know a Police State is a dangerous possibility
(The government appeal of the Klassen/Kvello decision)
-
- 2005
-
- Jan 1, 2005: Chewed up digested and spit out
- Jan.
5, 2005:
More on chief Sabo
- February
18, 2005:
Tunnel vision: Darren Koehn, Wilf Hathway and Leon Walchuk
- March 2: Fixing the system: Time to quit talking and
implement previous commission recommendations
- March 19, 2005 : Injustice as ShowBiz
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