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Read how
Dueck's lawyer tried to get Terry Hinz's testimony excluded from
the civil trial | Final
judgment
Saskatoon
Crown Prosecutor Terry Hinz
Dueck claims Hinz was his lawyer
and he is entitled to privilege to protect his lies
Feb. 21, 2003 - at the hearing
Feb. 19, we
learned that Dueck's lawyer, Gerrand had held his own secret
meeting with  Hinz, complete with
stenographer, the transcription of which must be left to our
imaginations. It seemed clear to me that the only reason to call
Hinz to such a meeting would be to "apply pressure"
to him since he is on deck to be an important witness for the
plaintiffs at trial.
As clearly
shown on the Fifth Estate update, Jan. 24, 2002, Hinz has said
he would tell the truth if called to testify and we already know
that the truth is that he did not think there was sufficient
evidence to lay charges against the accused who are now the plaintiffs
in QB 271 1994. The whole country knows this now.
A more ominous
reason Dueck is fighting so hard to shut Hinz up is that Hinz,
whose credibility is above reproach, has something to say that
further damages the credibility of Dueck who, despite remaining
Saskatoon police's top superintendent has credibility circling
the toilet bowl.
We know that
Dueck is a bully (the Kim Cooper case) and we know he is a liar because
he gave contradictary testimony in our defamation trials. The
City of Saskatoon has shelled out many thousands of dollars to
hire counsel to defend him. City solicitor Barry Rossman took some of Dueck's
lies to court and had some success. Then the city hired Gerrand
who is perhaps more in keeping with the Dueck school of doing
things.
As he stood
in court Wednesday morning defending his client's right to examine
Hinz, because Hinz is a potential witness, his voice would have
hit a peak on a polygraph nervousness indicator. His argument
that solicitor/client privilege existed between Dueck and Hinz
was based on R.
v. Campbell,
a 1999 Supreme Court case which reads, in part:
| . . . An exception to the principle of confidentiality
of solicitor-client communications exists where those communications
are criminal or else made with a view to obtaining legal advice
to facilitate the commission of a crime. Here, the officer sought
advice as to whether or not the operation he had in mind was
lawful. The privilege is not automatically destroyed if the transaction
turns out to be illegal. . . |
The Campbell
case involves an RCMP reverse-sting operation where the cop was
already aware he was skating on the edge of law and sought specific
legal advice from a lawyer who also happened to be a prosecutor.
Dueck's situation
is very different. He did not ask for any advice from Terry Hinz
as far as we know. He took the file to Hinz because Hinz had
already successfully prosecuted Peter Klassen in another matter. It is my view that
Dueck hoped to run this case past Hinz to manufacture his case
against the Klassens, Kvellos and Rosses. His own chronology indicates he doggedly
pursued the Klassen family members' foster children based on
nothing more than family association with Peter.
| Sept 89- after
convictions against Peter Klassen - foster children in Klassen
foster homes interviewed. No further disclosures at this point. (Emphasis mine.) |
We should not
lose sight of the fact that convictions were initially obtained
on Ross,
Ross and White
which were overturned by the Supreme Court.
One can speculate
that Terry Hinz was not going to pursue prosecutions based on
something as flimsy as association. He may have had a conversation
with Dueck wherein he said, "There is no evidence against
these people in the file you brought me" or "There
is not enough evidence to lay charges." This would be important
and possibly crucial testimony but Dueck does not want the public
to hear it.
Dueck would
seem to be scrambling to retroactively claim client privilege
because the case has become much more public than he anticipated.
Only The Fifth Estate was able to crack the court wall
banning publication of the material which had been sealed up
with crazy glue by Mr. Justice Macpherson. Dueck was certainly
counting on all the material remaining sealed up forever so no
one would be able to compare his conflicting testimony.
The bricks
are coming out of the wall one by one. And as they pile up, we
are closer to seeing a wealthy, well-fed cop with his arsenal
dissembled. That arsenal would include: the choosing of vulnerable
persons to accuse; the use of family members against each other;
choosing sex-related charges and counting on embarrassment among
a group particularly easily embarrassed by such material; non-association
orders; black mail; a co-operative and ambitious social worker;
court-ordered seals; arresting and criminally charging those
who protest his methods; getting gag orders against individuals
who attempt to speak out; shutting down internet sites that tell
the truth about him; indignant calls to the media claiming he
has a side to tell; and, now, claiming solicitor-client privilege
with a public prosecutor.
We look forward
to hearing what Mr. Hinz has to say when QB 271, 1994 finally
gets to trial in September.
A brave and
truthful public prosecutor
Autumn, 2001 - In a telephone
conversation this summer, Crown Prosecutor Terry Hinz told Richard
Klassen that Dueck had brought him the foster parent case before
July, 1991. Hinz had looked at the case and told Dueck there
was nothing there.
Hinz assured Klassen that he
will testify that as a Senior Crown Prosecutor he would not have
proceeded with any charges and that he believed the wrongfully
accused in the "Scandal
of the Century" case deserved compensation and believed
that this case would eventually result in a hefty settlement.
After Hinz turned him away,
Dueck continued shopping for a prosecutor and found Matt Miazga.
We should remember that the most senior prosecutor in the Saskatoon
office at this time was Wilf Tucker, who was rewarded with an
appointment as provincial court judge in 1995 after he had set
the wheels in motion for five people to be prosecuted for criminal
defamation for bringing the facts of this case to the public.
Hinz then became the most senior
prosecutor in the office. Hinz had told Klassen and Steele in
2000, just after the fifth estate
show had been aired, that he was not yet ready to jump into
the trenches a la "Galipoli" (the movie) but
in his conversation this summer he said he would be willing to
commit "career suicide." When? "Sooner than later."
Klassen alleges that the disclosure
material which was given to the defense was an edited version
half the size of the version Dueck tried to peddle to Hinz.
We now believe that we have
most of the package originally shopped to Hinz and that it is
entirely possible that Miazga did not see this edited version.
We would point out that a year
later, RCMP constable Claudia Bryden persuaded Crown prosecutors
Bruce Bauer and Nancy Sullivan to go down the same path again,
with evidence that was just as preposterous, in what is now referred
to as Martensville.
Hinz told Klassen (who phoned
from Manitoba) that he had been specifically ordered not to talk
to him. Nonetheless, Hinz did tell Klassen about his misgivings
and repeated the same information to lawyer Robert Borden who
called to confirm the information.
We have no doubt that Mr. Hinz
will tell the truth when called upon to do so.
Holgate
dumps Richard Klassen
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