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 January 25, 2005: The Federal government
released the
first national examination of the reasons for so many wrongful
convictions in Canada. This should be required reading for every prosecutor,
cop and criminal defence lawyer in the country. News
reports
Update on wrongful convictions in Canada, October,
2004
Leon Walchuk, Melville, Saskatchewan
2002
- 2003 developments > > >Newest > > >
Statement of Leon Walchuk
We apologize
for not keeping our readers up to date on what has happened in
the past several months. It has been a hectic year with a number
of major obstacles to overcome. My father passed away this spring
after losing a battle with cancer. I had hoped he'd have been
around to see this mess resolved, but that was not meant to be.
In addition to this, we ended up with having the worse crop in
our farming history due to the drought. 2001 has been a difficult
year indeed.
Now for some
better news. After losing my appeal, my lawyer, Hersh Wolch,
suggested that I find someone qualified in the area of fire investigations,
to take a look at this aspect of my case more closely. The Crown's
"expert" never did determine the actual cause of the
fire and the Judge "assumed" it was intentionally started.
Nothing was ever proven one way or the other beyond a reasonable
doubt.
When I was
initially interviewed by the RCMP, I stated that I heard an arcing
type of sound, but was not certain where it came from. The police
did their best to down play or ignore an accidental cause for
the fire and went off down a different path. They even went so
far as to tamper with or ignore important evidence which could
have proven my innocence. Instead, they worked towards "building"
a case against me.
During this
past summer, we began looking for someone qualified to properly
assess the information and do an objective and thorough evaluation
of what had occurred. Our search lead us to Peter Pendlebury
of Fire Investigations and Analysis from Nanton, AB. All information
from the preliminary hearing, the trial transcripts, photos,
video tapes, as well as a site examination, were used to prepare
a report regarding the cause and origin of the fire.
While I was
not surprised by the findings of this report, it will likely
prove to be an eye opener for anyone who subscribed to the idea
that I might burn my own home.
After reviewing
all the available information on this matter, Mr. Pendlebury
went further, testing items and materials taken during his visit
to the site. His findings in these areas further strengthen our
case.
Although I
can not release all the details of the report at this time due
to pending legal action, I can assure you that the determined
cause of this fire was not intentional. Rather it was the result
of stupidity and frustration on the part of my soon to be ex-wife,
who realized that she would receive nothing financially in our
divorce. As soon as my lawyers give their approval, you will
find the complete report available to you on our site.
Leon Walchuk,
Jan. 21, 2002
Court upholds Walchuk
murder conviction.
Mar 5 2001, Gerry Jones
reports for CBC Radio.
REGINA - Saskatchewan's
highest court has rejected the appeal of a convicted murderer
from Melville. Leon Dale Walchuk killed his estranged wife, Corinne,
three years ago, by beating her, then setting the house on fire.
He was convicted
of second-degree murder and sentenced to life in prison with
no chance of parole for 16 years. On Monday, a panel of three
justices upheld both the
conviction
and the sentence.
"I guess
we're very pleased to see that the ruling was upheld," says
Kent Siegele, who speaks for the victim's family.
"It took
us many months and several years to get to where we did. So,
to see the appeal court uphold that ruling has been very re-inforcing
for the family that the judicial system is there to protect [the]
people of Saskatchewan."
Walchuk's lawyer
says he has not been given any direction on whether to seek leave
to appeal before the Supreme Court. But Hersh Wolch doubts the
Supreme Court would hear an appeal anyway.
Without
a dispassionate weighing of all the evidence, there can be no
justice. The Walchuk case is rife with reasonable doubt. Running
roughshod over this doubt will not bring Corrine Walchuk back
to life.
Yes, this
is Saskatchewan
Justice was
once again abandoned in favour of pandering to public sentiment
by three Saskatchewan appeal court judges who cast aside pretension
to fairness and upheld the sentence of Leon Walchuk. There is
a tragic element to the death of Corrine Walchuk. The tragedy
is compounded by the rush to lock up her estranged husband, ignoring
compelling evidence that he did not kill her.
The men wearing
the robes in Regina were unanimous as they sent Walchuk back
to jail to serve 16 years, This makes it far more difficult for
Walchuk to take his case to the Supreme Court.
The media has
scoffed at Walchuk comparing himself to Milgaard. The public
should be grateful the internet exists to provide coverage of
the part of the story that doesn't sell advertising. The disappearance
of the hockey stick, a crucial item of evidence will nag at the
integrity of this province just as the paring knife did in the
Milgaard case.
Until Saskatchewan
comes to its senses, Leon Walchuk remains imprisoned in a long
line of improperly convicted people awaiting attention from the
over-burdened people fighting for justice for others like himself.
Melville
Advance picks up website story
and injusticebusters respond..
Bulletin: Leon Walchuk's appeal
submission is here.
injusticebusters originally created this page in November, 2000
to make the information available while friends
of Walchuk created their own website. They have now accomplished
this and we wish them well.
 injusticebusters: had posted defence lawyer Aaron Fox's
closing statement at the trial for three months. We have taken
it down to make room for new files on the site. We recommend
that you visit Leon Walchuk's Saskatchewangold site for this
information.
The question that arises over
and over again is why do defence lawyers in Saskatchewan get
away with providing inadequate defences? They still charge the
big bucks and they get paid whether they win or lose. Leon Walchuk
has land he can mortgage so he is in a position to appeal his
conviction, although he also stands to lose much to legal costs
even if he wins. What about the people who cannot afford to hire
private lawyers? The record for legal aid and court appointed
lawyers in Saskatchewan is abysmal.
No solid evidence in
circumstantial case; Cops conveniently "lose" evidence
which could have cleared the defendant
June 14, 2000,
Leon Walchuk was convicted of second degree murder of his wife,
Cori. The trial was held in Yorkton and the publicity in Saskatchewan
said Walchuk killed his wife, threw her in the basement of his
house and set the house on fire on March 30, 1998. The defence's
alternative interpretation of the facts showed Corrinne Walchuk's
death as accidental.
Judge Kyle
invokes the devil to explain his decision
In the absence
of a case for first degree murder, Judge Larry Kyle convicted
Walchuk of second degree murder. In his written judgement Kyle
accepted the Crown's construction of the story. He dealt with
the troublesome lack of motive and defence evidence by using
the aphorism "Even the devil knoweth not the mind of man,"
and sentencing Walchuk to life with no eligibility for parole
for 16 years!
Perhaps the
devil knoweth neither the mentality of a small Saskatchewan community
which has been whipped into hysteria on coffee row. Corrine partied
with some of the same RCMP officers who arrested Leon Walchuk
and testified at his trial. Corrinne worked at the local newspaper.
Everyone knew that Leon and Corrine were in the middle of a messy
divorce. For four years they had shared custody of their two
children on a 50-50 basis. Often Corrine had them during the
week and Leon cared for them on weekends. That was the situation
on the evening of the fire.
Important evidence
supporting Walchuk's claim of innocence was withheld from the
defence.
The police
conduct -- arresting a man for murder based on a whim rather
than evidence, mismanagement of the crime scene, "losing"
evidence -- has an eerily familiar ring in Saskatchewan. The
sound of that ring is David Milgaard. Thirty years later, it
would seem the police are still up to the same old tricks.
Leon Walchuk
did not receive a fair trial.
Leon Walchuk
probably should not have been arrested and charged with murder
in the first place. Walchuk was injured and in shock when he
was taken into custody by Constable Blaine Oster. While it makes
sense that he would be questioned in the course of an investigation,
the hasty arrest and charge make no sense at all. Meanwhile,
another friend of the victim, Constable Wayne Dingle, remained
at the scene. Dingle must have quickly concluded that Corrine
had been murdered because he arranged for Leon's arrest and the
apprehension of the children almost immediately. No court order
regarding the children was obtained until April 6, 1998.
According to
his testimony, after Leon escaped the fire which claimed Corrinne's
life, he immediately called his mother from his cellular phone
and she called the fire department. Leon went to the hospital
in Melville where he showed signs of shock and left, against
doctor's advice, after receiving a pill which calmed him down.
At this time he did not know that Corrinne was still inside the
burning house. On his way home from the hospital, accompanied
by friends, his vehicle was stopped and he was arrested.
The "crime"
scene itself was not secured with as much diligence as was paid
to arresting Leon Walchuk and apprehending his children. Forensic
evidence does not support the Crown's theory of the case. Two
firearms experts attended the autopsy which would suggest they
were looking for a bullet. There was none. The theory that he
bludgeoned her to death is also not sustained by the coroner's
finding that she died of carbon monoxide poisoning.
The fire and
the death in Melville certainly lent themselves to sensationalist
speculation which sells coffee, doughnuts and newspapers. It
is up to the media and the courts to rise to a higher standard
of objectivity. This they utterly failed to do.
Internet site proclaims
Walchuk's innocence
Melville Advance, Feb. 7,
2001
A former Melville
residence serving a life sentence for second degree murder of
his wife is using a pair of controversial Internet sites to proclaim
his innocence.
Using the "injusticebusters"
and "saskatchewangold" sites, Leon Walchuk blames overzealous
and careless police work and hysterical media reports for his
conviction last summer for the March 30, 1998 murder of estranged
wife Cori.
Both sites
run similar information about Walchuk's case and subsequent sentence
and are linked.
Injusticebusters'
creators, Richard Klassen and Sheila Steele, both of Saskatoon,
have been harshly critical of police and prosecutors since the
website first made its appearance three years ago.
Klassen is
one of 12 people currently suing police and prosecutors for falsely
accusing them of sexually assaulting three foster children a
decade ago.
The 12 were
among 16 originally charged with 60 counts of sexually molesting
the children in 1991.
Recently the
Saskatoon police and the province attempted to get a judge to
sanction Klassen and Steele for ignoring publication bans to
expose details of the false arrest case.
Recently a
judge ordered the injusticebusters' editors to stop publishing
details of the foster-child case until the civil case is resolved.
Meanwhile,
injusticebusters remains in business, drawing attention to what
its authors consider mailicious and unjust prosecutions of innocent
people.
In Walchuk's
case, Klassen and Steele liken his conviction to that of David
Milgaard, who spent more than 20 years in jail for the rape and
murder of a Saskatoon woman in the late sixties.
Milgaard was
pardoned in the early 1990s and eventually exonerated of the
charges against him.
After a nine-day
trial in Yorkton last June, Judge Larry Kyle sentenced the 37
year old Walchuk to life with no possibility of parole for 16
years.
The minimum
sentence allowed under Canadian legal precedent for second degree
murder is life with no possibility of parole for 10 years.
However, Kyle
stated in his sentencing remarks that Walchuk is an offensive,
remorseless man of seriously deficient character.
The Crown counsel
had originally charged Walchuk with first degree murder, but
Kyle said the evidence wasn't strong enough to prove premeditation.
Cori Walchuk's
body was found by firefighters responding to a fire at Leon's
farm.
Her body was
found in the home's basement. She had been beaten about the head
and had been burned by the fire.
About 30 Crown
and two defence witnesses testified at the trial.
But injusticebusters
state that the evidence linking Walchuk with the crime was mostly
circumstantial.
The site's
authors also throw a shadow of conspiracy by police and prosecutors
over the whole Walchuk conviction.
Important evidence
supporting Walchuk's claim of innocence was withheld from the
defence, Klassen and Steele state on the site.
"The police
conduct -- arresting a man for furder based on a whim rather
than evidence, mismanagement of the crime scene, losing evidence
-- has an eerily familiar ring in Saskatchewan. The sound of
that ring is David Milgaard. Thirty years later it would seem
the police are still up to the same old tricks."
Injusticebusters
single out Melville RCMP constables Blaine Oster and Wayne Dingle
suggesting the two jumped quickly to arrest Walchuk because they
are Cori's friends.
"Walchuk
was injured and in shock when he was taken into custody by Constable
Blaine Oster. While it makes sense that he would be questioned
in the course of an investigation, the hasty arrest and charge
make no sense at all.
"Meanwhile,
another friend of the victim, Constable Wayne Dingle remained
at the scene. Dingle must have quickly concluded that Cori had
been murdered because he arranged for Cori's arrest and the apprehension
of the children almost immediately."
Walchuk is
currently applying to the Saskatchewan Court of Appeal to take
another look at his conviction.
The appeal
application isn't expected to be heard by the court until March.
Attempts to
contact the injusticebusters' editors or Klassen's lawyer, Ed
Holgate by phone were unsuccessful.
injusticebusters
respond.:
injusticebusters
are generally pleased with the above report. We have only two
quibbles. Firstly, we do not proclaim Leon Walchuk's innocence,
but we do say that he did not receive a fair trial. We provide
Leon Walchuk with a forum to proclaim his own innocence. We raise
some of the questions that we think the media should have been
raising at the time.
Secondly, we
do not want the public to think we are hard to reach. We are
an internet site and we can always be reached by e-mail. We have
arranged many telephone conversations through this method. We
are always available to discuss material on the site.
We are pleased
the Melville Advance picked up on the David Milgaard connection.
We would point out that most of the rallying around David Milgaard
during his lengthy incarceration was based on the belief that
he did not receive a fair trial. In Milgaard's case there was
a perpetrator, Larry Fisher, whose very existence police hid
from the defence. The paring knife from Fisher's kitchen which
his then-girlfriend offered as the murder weapon was conveniently
stolen from a Queen's Bench evidence lock-up by thieves who were
friendly with police. The cover-up continued until Milgaard received
his pardon and was then totally exonerated with DNA evidence.
We know that evidence exists in the Walchuk case which could
be as powerful as DNA evidence was in Milgaard's. We trust that
such evidence will be proffered at subsequent court hearings.
When police,
prosecutors and courts are working properly in this country,
they work very well. injusticebusters are there to raise
questions when they do not. We are also frustrated and angry
with the media who should be raising these questions but do not.
Too often reporters accept press releases from the crown or the
police as truthful when often they are not.
Our defiance
of the court-ordered publication ban on the Klassen foster parent
case and the lying testimony of the Ross children coached by
Superintendent Brian Dueck is a case in point. All those names
are out there, now, since the Fifth Estate had the courage to
run them. We hope that reporters will take it to heart that a
tiny website run by two people did their job for them and didn't
even get paid. We hope they will rise to the standard we are
trying to set.
This will be
submitted as a letter to the editor of the Melville advance.
We hope they will give a big plug to the saskatchewangold.com
site which now has a lot of the material previously found here.
Sheila Steele and Richard
Klassen
The rush to demonize Leon Walchuk
made it to the Legislative Assembly:
May 15, 1998,
from Hansard: Mr. Osika: - Thank you, Mr. Speaker. Mr. Speaker,
the Liberal opposition raised concerns earlier this week about
two Melville children who are caught in the middle of a custody
fight. Leon Walchuk has been charged with the murder of his estranged
wife and came within hours of getting unsupervised custody of
their children.
We believe
this demonstrates how in some cases there must be a mechanism
that kicks in to help children when the system fails.
My question
is to the Minister of Social Services. Following question period
I will be introducing the child protection Act which aims to
add some teeth to the system. The minister has a copy of this
Bill and my question is, will he be supporting this legislation?
Injusticebusters suggest this is making
political hay at the expense of a man who had shared custody
of his children before he was charged. It seems to be often forgotten
in this province that a person is presumed to be innocent until
proven guilty. However, sometimes the authorities like to add
some hysteria into the mix to tip the scales toward the verdict
they hope to get.
E-mail Leon Walchuk.
Compare Leon Walchuk's story
with the one below, remembering Walchuk has maintained his innocence
and was convicted on cirumstantial evidence but got 16 years
Man who strangled wife
to death will have to spend 12 years in jail
Canadian
Press, May 3, 2002
MONTREAL (CP)
- A man who strangled his wife to death will have to wait 12
years before being eligible for parole, a judge ruled Friday.
Robert Gaudette, 43, had been found guilty Thursday of second-degree
murder, a conviction that brought an automatic life sentence.
Gaudette initially tried to convince police that his wife, Cindy
Bouchard, had been kidnapped by a gang in 2000.
The jury recommended
he serve at least 15 years before being allowed to seek parole.
Crown prosecutor
Pierre Poulin had requested that Gaudette serve at least 13 years,
while defence lawyer Marc Labelle asked for 10, the minimum allowable
by law.
The jury delivered
its verdict after deliberating for three days.
Evidence showed
Gaudette strangled Bouchard after a fight in April 2000 and left
her body in a dumpster.
He then went
to police and told them she had been kidnapped by either Asian
or Arab gangs.
Gaudette eventually
confessed to police after a lengthy interrogation and led them
to the body in a garbage bin.
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