Since December 30, 2004 when Judge Baynton brought down his monumental judgment regarding malicious prosecution, injusticebusters have heard from many others who have stories which would appear to be malicious prosecutions. This story is recent -- putting the lie to any claims on the part of prosecutors that the Klassen/Kvello case was "isolated" and that they have since "evolved."
Since posting this, Mr. Jesternoudt has made contact with someone who is helping him with his case. We understand it is going well.
The appeal was dismissed 9 March 2006
All that has changed is that the "win at all cost" prosecutors are now getting found out and nailed. Meanwhile, all over the country, honest prosecutors are hanging their heads in shame.
In this case, a jury was hung at 11 to one in favour of acquittal. A mistrial was declared and what did the Crown do? Went right after an innocent man a second time. This time she got her conviction.
December 18 he was sentenced to 18 months house arrest. He is not allowed to have Internet in his home (a condition which he is trying to get changed because he needs access to legal info for his appeal). Two of the jury convictions were stayed judicially because of "reasonable doubt". So there are three convictions which are being appealed. The notice of appeal was registered January 16.
Well, I'm another victim of the Canadian legal system. I don't know how much I can tell you at this time, but I'll give you a brief synopsis.
In June 2000, I was in my apartment in British Columbia and was visited by two police officers from the local constabulary. They entered my apartment without an arrest warrant or any authorization and placed me under arrest on multiple counts of sexual assault supposedly commited in 1990 in my apartment. The allegations were based on information given by the police by two brothers. The police knew that these brothers had several years earlier laid information against their father, who was charged, and those charges were later stayed. The background of the two boys is that they are from a very severely dysfunctional family. The police knew this.
In the information presented in 2000 by these two, now, young men, the police didn't get any dates, but the one brother told the police that the sexual assault had taken place when he was "twelve years of age". It was the only information given re dates. The police officer computed the date to be 1990 and then based the charges on that date. The police also asked for a drawing of my apartment and the one brother drew a floor plan of "my" apartment showing a bedroom. My apartment was a bachelor suite.
Well, prior to arresting me, the police had reliable information that I was teaching outside of Canada in 1990. They ignored that information and arrested me anyway.
That week, the police issued a press release identifying me and stating that three young boys had been sexually assaulted at my apartment. They gave a bunch of dates in the press release that were incorrect and they had no statement from a third boy.
A year later we go to preliminary hearing. The first preliminary hearing was cancelled because both complainants were "out of the province" and the Crown admitted that they had forgotten to notify the complainants about the preliminary hearing dates. So it was a year before we got around to preliminary hearing. At the preliminary hearing both brothers testified that they had been sexually assaulted in my apartment. One brother also said that a friend had been to my apartment twice. The friend testified that he had never been to my apartment. Both brothers testified that the sexual assault had taken place in had taken place in 1990. A trial date is set.
Prior to trial (I elected BC Supreme Court with jury), my lawyer submitted to the Crown my passport information showing that I was nowhere in Canada in 1990. We went to trial anyway.
At the first trial, which ended as a hung jury 11-1 for acquittal, the two brothers started to vascilate under cross-examination and then came up with a whole host of evasive answers: "I don't recall", I don't remember and when asked when this happened stated that it could have been 1990, 1991, 1992 - but certainly before their 14th birthdays. Both brothers made different allegations, different descriptions. Neither brother had seen any sexual activity concerning the other brother - but they were both at the bachelor suite. I got onto the stand, denied that there had been any sexual misconduct, and brought out a timeline which stated that my first contact with these brothers had been from July 1991 through to 1993.
My lawyer, after the hung jury, went to regional Crown to urge him to stay the proceedings, Nope, on to second trial we went. I had already formally complained to the office of the Police Complaints Commissioner regarding the misconduct of the police, false arrest, unlawfully entry to my dwelling house, etc.
Another year later we went to a second Supreme Court jury trial and the Crown made all sorts of emotional plays to the jury, including saying that I had sex with a twelve year old boy (neither brother ever made allegations other than simple masturbation) and twisted the story to fit into my previously stated timeline - including impugning the testimony of her own witnesses.
She got the conviction. Only, now we find out that again the jury was tainted and that one of the jurors had a son who had been sexually assaulted and one of the jurors had been one of the infamous "Boys of St. Vincent".
Meanwhile my reputation has been totally ruined, I've lost my home and my life savings. Everything that I own. And I've had a heart attack.
Sentencing is scheduled for December 2003. I've lost $150,000 and am now on social assistance and represented through a legal aid lawyer.
I've maintained my innocence all throughout. The two boys lied. There's no witness, no corroboration, and lots of holes in the boys' story. For example, when one of the boys could not explain how he had been sexually assaulted on my hideabed, as he had previously described, he simply created a second hideabed in the living room. Then at the second trial he pretended that he hadn't said anything about a second hideabed. They stated that friends had been over to my apartment, but the Crown can't find a single friend to corroborate the story.
They've backtracked several times and yet I was convicted. Some of the people in the gallery couldn't believe what they were seeing.
There's still a publication ban so I can't go to the press. Apparently, now the Crown wants to stay some charges after conviction. I think that's because they're afraid of an appeal if I get jail time. I have no money to file an appeal and transcripts from two Supreme Court trials and a preliminary hearing are expensive. I don't want to let the police and the Crown off the hook, but if legal aid doesn't fund my appeal - the Crown will get away with this stuff.
Just thought I'd share this stuff with you. I'm going to fight until I can't fight anymore.