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Wilf Hathway

In November 2008 Wilfred Hathway pleaded guilty to manslaughter. On the 28th Justice G.N. Allbright sentenced him to 11½ years with a credit of 7½ years for time served. He was released July 30 2011 with the condition that he stay away from booze and dope.

[46] For all these reasons, Mr. Hathway, I sentence you to serve a term of imprisonment of 11½ years, and I direct that you are deemed to have served 7½ years of that sentence. You are therefore sentenced to serve a further 4 years imprisonment as part of your 11½-year sentence.

www.canlii.org/en/sk/skqb/doc/2008/2008skqb480/2008skqb480.html

Accused murderer Hathway asks for new Crown prosecutor

Scathing criticism of Saskatoon police and prosecutors punctuated arguments made Friday by an accused murderer trying to get the Crown prosecutor removed from his case.

Brent Klause

Wilfred Hathway, 46, who is charged with first degree murder in the 1998 stabbing death of his landlord, Denver Crawford, read out what he called a "list of liars" as he attempted to outline what he feels is a wrongful imprisonment. He has been held in custody for 22 months pending a resolution of his case.

He called prosecutor Brent Klause a contaminator of potential jury pools for talking about the case in social circles, accused him of "manufacturing evidence" to reach a conviction and labelled him as mean-spirited for making demeaning comments.

"I am seeking relief from a particular individual who is adversarial to me," Hathway, 46, told Justice Allisen Rothery at Court of Queen's Bench. "I do not want to be arguing the case with him in the room or for him to have any jurisdiction over the proceedings."

Relations between Hathway and Klause have been tense since the first day of the preliminary hearing, which stretched from July to December. On that opening day, Klause accused Hathway of glaring at him and mouthing the words "fuckin prick".

The judge in that hearing routinely called for decorum as Hathway loudly objected from the prisoner's box and was confrontational with Klause and with police officers serving as Crown witnesses.

Wilfred Hathway

CREDIT: Greg Pender, StarPhoenix
Wilfred Hathway arrives back at the provincial correctional centre Wednesday after his preliminary hearing

Wilfred Hathway was committed to trail, which is expected sometime in the fall, though a date has not been set.

On Friday, Hathway presented a handful of motions to Rothery. In addition to his request for Klause's leave, Hathway asked for a copy of the photographic negatives taken by police investigators in 1998 of the crime scene and 84-year-old victim, Denver Crawford.

Klause was not present in the courtroom Friday. Instead, prosecutor Krista Zerr, who has been working with him on the case, represented the Crown. She objected to the motions, suggesting the arguments be heard before a trial judge during a formal hearing instead.

Zerr also expressed concern about Hathway unnecessarily presenting evidence of the case during his submissions, but Rothery allowed Hathway full range.

He accused police of tampering with evidence and demanded photo negatives in order to prove it.

"I need an explanation in order to make full defence and answer in my case, which is my right," Hathway said.

He also referred to a witness who he said had information that could vindicate him but was ignored by police. Hathway quoted from police reports which he believes demonstrate Klause's interference in efforts being made by the defence.

Details of the accusations cannot be published as a publication ban was imposed on case evidence. "They've been caught in lies upon lies, all of which I can prove," said Hathway. "Mr. Klause has recreated the Milgaard story right under your nose and it brings the administration of justice to an all-time low in a city which cannot afford such disrepute." A lengthy inquiry is underway into how the 1969 murder of a Saskatoon nursing assistant led to Canada's longest imprisonment of a wrongfully convicted man. David Milgaard served 23 years in prison before he was ultimately cleared by DNA. Rothery reserved her decision on granting the motions or whether a trial judge should make that determination in a formal hearing.


Crown warns Hathway to hire a real lawyer
Murder suspect told helpers risk hot water with law society

A man being held in custody pending his first degree murder trial has been warned by a senior Crown prosecutor to refrain from using a pair of local injustice crusaders to act on his behalf.

Wilfred Hathway, 46, who is charged in the 1998 stabbing death of his 84-year-old landlord, has been aided in his defence by Richard Klassen and Angela Geworsky, who helped launch a website to bring attention to alleged miscarriages of justice.

In a recent letter to Hathway, prosecutor Brent Klause threatened to report Klassen and Geworsky to the Law Society of Saskatchewan for unauthorized practice of law. The letter accompanied a notice of motion signed on Hathway's behalf by Klassen.

Klause returned the notice with the explanation that he refuses to respond to any materials "prepared by anyone other than yourself or a member of the law society. I strongly suggest you retain and instruct a lawyer to assist you in this matter," the letter says.

Klause is on vacation and was unable for comment. The letter was also forwarded to the attention of Allan Snell, co-director of the Law Society of Saskatchewan.

Robert Borden, who was Hathway's most recent lawyer, withdrew from the case in January but maintained there is a strong case for the defence. Geworsky accused Klause of trying to derail Hathway's attempts to defend himself.

"It's against the law to help people? That's ridiculous," she said in an interview Tuesday. "Wilf is not the only person we're helping. We research and go over things with the accused so they understand what is happening.

"That's not against the law. If they (Crown prosecutor's office) want to charge us for that, go ahead."

"We're not going to quit," added Klassen. "If I have to go to the Supreme Court, I will."

According to Snell, the penalties for unauthorized practice of law range from fines up to $2,000 (first offence) or $5,000 (subsequent offences) or a possible contempt of court charge and jail time.

Richard Klassen has experience in the courtroom. In 2003, a Queen's Bench judge ruled in favour of Klassen, who represented himself in a malicious prosecution case against a police officer Brian Dueck, a prosecutor Matthew Miazga, and a therapist Carol Bunko-Ruys.

He and Geworksy have faced a number of obstacles in the Hathway case. At one point, at Klause's behest, a provincial court judge placed strict trust conditions on the Crown's disclosure. That prohibited anyone other than a licensed investigator or lawyer to see the material.

Klassen and Geworsky appealed but a Queen's Bench judge ruled members of the public are not entitled to have access to material the Crown discloses, and there would be no exception for Klassen and Geworsky.

In his letter to Hathway, Klause refers to the Criminal Code, which "does not permit you to designate anyone other than a lawyer to file documents on your behalf."

He continues, "I cannot ethically correspond with anyone on your file unless it is you personally or a member of the Law Society of Saskatchewan who is being instructed on your behalf. In my opinion, Ms. Geworsky or Mr. Klassen do not fall into that category."

Geworsky said she believes Klause's hard stance is "a personal issue." He and Klassen argued throughout Hathway's lengthy preliminary hearing, which ended in early December with a committal to trial. None of the evidence from the preliminary hearing can be reported due to a publication ban.

Klassen and Klause routinely traded barbs in court during breaks in the proceedings. One time, Klassen asked Klause to go outside and talk in the alley while he has a cigarette. Klause took it as an invitation to a fight and informed the judge upon her return that a threat was made against him and that Klassen should be removed from the courtroom.

Hathway has been in custody for nearly two years. His frustration boiled over many times in court during the preliminary hearing. He shouted at Klause on occasion and once stood up in the prisoner's box prepared to fight. He also called a police witness a liar.


Police open to new evidence in Hathway case as trial nears

Saskatoon police say they are willing to examine new evidence in the 1998 stabbing death of Denver Crawford as a trial date looms for Wilfred Hathway, who has spent 22 months in jail accused of the crime.

But police are tight-lipped on whether there is something new to investigate.

Hathway was ordered in December to stand trial on a charge of first-degree murder following his preliminary hearing.

Meanwhile, police recently received information on the 2000 stabbing death of Jaime Wheeler, which happened in the same neighbourhood as Crawford's death.

Angela Geworsky and Richard Klassen, who are assisting Hathway's defence, hoped a link between the two crimes might exist to exonerate Hathway. A police investigator was recently assigned to look into the relevance of the new information.

At that time, Staff Sgt. Kelly Cook of the Saskatoon police major crime unit said the information related to Wheeler and would not affect Hathway's trial.

The two killings happened a block apart in the Broadway area -- Wheeler's at 521 10th St. East and Crawford's at 323 Ninth St. East. Between 1998 and 2000 there were a number of similar attacks in the city, including two others within blocks of Wheeler's home.

Although no one was arrested in most of those cases, Dominic McCullock, 23, was convicted in 2004 of second-degree murder in Wheeler's death. He was sentenced to life in prison with no eligibility of parole for 15 years.

Cook said this week the latest information contained no new evidence "that would be relevant and cause the Wheeler case to be reopened."

But he was no longer unequivocal about any connection with the Crawford case. Cook said that matter is before the courts and he could not comment on specifics.

"The Hathway court case is still an open case and if there was any information related to it, we would look into it," he added.

Crawford, 84, ran a Saskatoon rooming house where Hathway lived at the time of the killing. No one was immediately arrested. Hathway was living in B.C. when he was arrested in May 2004.

In a telephone interview from the Saskatoon Correctional Centre, Hathway, 46, said, "I'm freakin' out in here. I'm in orange coveralls, facing the most heinous Criminal Code charge in this country for something I didn't do. If there's something that can help me out, they shouldn't be playing games."

He has a pre-trial hearing set for Feb. 17. Although Klassen and Geworsky are helping him, Hathway has no lawyer. His previous lawyer, Robert Borden, withdrew from the case in mid-January.


Hathway lawyer Borden quits despite belief defence case is strong

Lawyer Robert Borden has withdrawn as defence lawyer for Wilfred Hathway, who was recently committed to stand trial for first-degree murder.

Borden is the third lawyer to represent Hathway, 46, who is charged in the stabbing death of his 84-year-old landlord in May 1998. Denver Bruce Crawford ran a Saskatoon rooming house at 323 Ninth St. East.

Hathway was living in British Columbia in 2004 when he was arrested and charged. He has maintained his innocence.

"I am not guilty of the murder of Denver Crawford and somebody needs to begin to give a damn," he wrote in a letter this week to The StarPhoenix. "Living in a society which might possibly allow me to be convicted of Denver's murder is an abomination of democracy, humanity and justice."

Borden "very much believes" there is a strong case for the defence.

"I want it to be clear I am not withdrawing because of any sudden revelation that would change my opinion of the case," he said. "I think this is a strong case of reasonable doubt."

Matters have arisen that have caused Borden to conclude "I can't reasonably act for my client in the present circumstances." He wouldn't elaborate on those issues but said it "is really hard" to walk away from the case after spending nearly nine months working on it.

Hathway, who fired his previous two lawyers, believes Borden had difficulty working with Richard Klassen and Angela Geworsky, injustice crusaders who have been doing their own research into the case. Borden was told last month to take direction from them, Hathway said from the Saskatoon Correctional Centre, which has been his home for the past 20 months.

Any lawyer on the defence case must be amenable to a three-part defence team, he said.

"Angie and Richard are the only people on the face of the Earth I would trust with my life -- and I am trusting them with my life."

Geworsky said she and Klassen will continue to work on Hathway's behalf and hopes a lawyer can be found who is "open and willing to work with us."

A trial date should be set in February for sometime in fall at the earliest, said Crown prosecutor Brent Klause, who expects a new lawyer for Hathway could get caught up to speed by then.


Man accused of murder embarks on hunger strike

When murder suspect Wilfred Hathway walks into court Thursday afternoon, he'll do so weakened by a week-long hunger strike.

Hathway is the Saskatoon man who is charged in the 1998 stabbing death of his landlord. He maintains his innocence and has asked Richard Klassen to look into his case.

Klassen is well known for his own successful battle with the justice system.

Hathway, who has been in custody for more than a year, says he stopped eating after the court wouldn't let Klassen see certain files.

A week later, Hathway says his body is starting to deteriorate and his vision is failing. He vows he won't eat, until his entire defence team has access to all court documents.

A judge is expected to tell Hathway at 2 p.m. if there's enough evidence for a trial on first-degree murder.

(An interview with Hathway was aired Dec. 8 A.m.)


Accused launches hunger strike to protest evidence ruling

An accused murderer says he is going on a hunger strike because some of the people he enlisted to defend him can't have access to the evidence against him.

Richard Klassen and Angela Geworsky can't see boxes of documents, video and audio tapes, and pictures police and Crown prosecutors have collected on Wilfred Gordon Hathway, a judge ruled Wednesday.

"This has tied the hands of me, the accused," Hathway said in a voice mail to The StarPhoenix. "I'm not getting full answers of defence."

Hathway is charged with first-degree murder in the death of 84-year-old Denver Bruce Crawford, a Saskatoon rooming house landlord found stabbed to death May 13, 1998.

After police arrested Hathway in British Columbia, he befriended Klassen and Geworsky, who agreed to assist him with his case.

Hathway said his father has paid the pair $11,000 to "reveal the truth."

But Wednesday, Queen's Bench Justice Robert Laing ruled members of the public are not entitled to have access to material the Crown discloses, and he wouldn't make an exception for Klassen and Geworsky. He did tell Hathway's defence lawyer Robert Borden he could apply to the court for higher pay in order to hire some paralegals, or ask for an additional lawyer to be appointed to the case.

"They've been told to go to hell because the truth is something this case cannot withstand," Hathway said. "They cannot live with the truth."

The evidence the Crown collected contains the names of undercover police offi - cers and video of at least one officer. A publication ban prevents the identification of any of these undercover officers.

Klassen said he won't accept the judge's decision and will appeal immediately.

Hathway has maintained his innocence since he was arrested. A preliminary hearing concluded in provincial court Tuesday. None of the evidence can be reported due to a publication ban.

"We pored through this stuff for four months, and as we did, we came to realize there were a lot of problems with the Crown's case and also that there's another murderer out there," Klassen said in an interview Wednesday. "Wilfred Hathway did not commit this murder. We believe we know who and we've asked the police to investigate that."

Klassen was a victim of a malicious prosecution after police investigated him and 11 others in what they thought was a case of sexual abuse against three foster children. He said he'll stand by Hathway, regardless of whether he has access to the evidence.

Borden said the volumes of reports, statements and transcripts he alone must go through to defend Hathway is overwhelming and he needs assistance.

"The prosecution has 35 prosecutors -- they can help to look at those documents," Borden said outside court. "They have a staff that can look at the documents. They have the police service, consisting of more than 300 officers (who) can assist them with those documents. They have the staff of the police department that can assist with those documents. At this point of time there is one sole practitioner, and that is me, and I'm required at this time to prepare the case on behalf of my client."

Borden plans to apply for a raise from the court so he can hire some assistants to work on the case.

Crown prosecutor Krista Zerr said the rationale for keeping the files out of public hands is to protect witnesses and police involved in the investigation. Although a member of the public may promise not to reveal that information, only lawyers would be subject to sanctions by the Law Society of Saskatchewan if they let that information slip.

Although Hathway had also intended to seek bail Wednesday, he withdrew the application because a decision on whether he will be committed to stand trial is due Dec. 8 in provincial court.


Preliminary hearing delayed after outbursts from accused

The preliminary hearing of a man accused of killing his landlord wrapped up Tuesday with more outbursts from the accused, including insults hurled at the Crown prosecutor and police investigators in the gallery.

Wilfred Gordon Hathway, 46, who is charged with first-degree murder in the death of 84-year-old Denver Bruce Crawford, jumped up in the prisoner's box and said, "Excuse me, is that taped?" when prosecutor Krista Zerr presented a piece of evidence to the court.

As Judge Sheila Whelan adjourned court for 15 minutes after Hathway's outburst, he said of Zerr, "This bitch is lying through her teeth."

Deputy sheriffs in the courtroom jumped up to block Hathway from leaving the prisoner's box and cuffed him at the wrists and ankles.

Before court resumed, Hathway called one of the police investigators in the gallery "smelly" and "a liar," then told the deputy sheriff, "As soon as the judge comes in, I'll be an angel."

Hathway's preliminary hearing has been going off and on since late July. None of the evidence presented at the inquiry can be reported because of a publication ban.

Zerr and Hathway's lawyer, Robert Borden, made their arguments Tuesday about whether he should be committed to stand trial on the first-degree murder charge. As the hearing came to a close, Zerr asked the judge to include Hathway's remarks in the court records, which prompted Hathway to yell from the prisoner's box that Zerr was "grandstanding."

Again, Whelan adjourned the hearing.

Hathway was angry at Zerr's argument to the judge.

"Maybe I killed Kennedy, too," Hathway said as people in the courtroom waited for the hearing to resume. "I've got a stomach. It churns. I've got blood, it boils. I'm human."

When Whelan returned, she told Hathway although people may say upsetting and disturbing things in court, they are entitled to say them, and it is ultimately the judge or a jury who will decide how much weight those comments have.

Zerr repeated her wish to have Hathway's remarks included in the court record so if he is committed to trial, the trial judge will be prepared to guard against such outbursts in front of witnesses and jurors.

Hathway's vociferous interjections are not new to the hearing. Whelan has previously warned Hathway not to yell out during the proceedings and told him she will take increasingly long breaks from court with each outburst.

Crawford was found stabbed to death May 13, 1998, in a rooming house he ran at 323 Ninth St. East.

Hathway has maintained his innocence. He is also backed by Richard Klassen, who was once the subject of a high-profile police investigation but vindicated in 2003.

Previous hearing days have been tense, including a confrontation between prosecutor Brent Klause and Klassen outside the courthouse. The judge has asked the prosecution and defence teams to stay at their tables during the proceedings.

Borden said outside court Tuesday some of Hathway's reactions to evidence presented at the hearing are understandable.

"He is facing first-degree murder charges and he will react to the evidence," Borden said. "Some people don't, they react in a different way. This is his (way)."

Borden said he does not think Hathway's demeanour in court will affect a Queen's Bench judge's decision this afternoon on whether to grant Hathway bail.

Hathway was relieved when the hearing ended Tuesday afternoon, Borden said.

"It's very emotional," he said. "There's a lot of tension, not only among members of the defence side but on the prosecution side as well."

Whelan will announce her decision on committing Hathway to trial on Dec. 8.


Update on Hathway

There was a quick session of the Hathway Prelim on October 31. In keeping with the Halloween theme, two prosecution witnesses disguised themselves as truthful witnesses but they did not win any prizes.

The next sitting will be at Queen's Bench courthouse Friday, Nov. 4 for a bail hearing and important disclosure aplications. This is a change from the previously posted date and has been arranged to accomodate the RCMP lawyer, Jeffrey Hayes who wants to come and check to make sure that Klassen, Geworsky and I [Sheila Steele] don't get to learn of material in more dislosure which is maybe yet to come? Prosecutor Krista Zerr has recently been handling the Crown's file against Hathway.

Hayes should rest assured that orders he obtained from his previous attendances have faithfully been posted on every courtroom where these proceedings take place. These warn the media that they must not report anything which would reveal the identities of undercover operatives of the RCMP.

I have no intention of revealing the identities of the particular thugs who were involved in the Hathway sting; I have every intention of revealing all I can about these scandalous operations and focusing enough attention on this disgraceful activity by the RCMP, Ontario Provincial Police and other police agencies so the public can be sufficiently outraged to order them shut down once and for all!

Hayes should also understand that he has no automatic right to intervene in the Hathway proceedings in Saskatchewan Provincial court.


Judge tells participants to 'ratchet down' tension

The threat of a hunger strike, an outspoken man accused of murder and a blowup between the Crown prosecutor and a defence team member have pushed a provincial court judge to impose strict rules on decorum while she hears the case.

"There has certainly been a lot of tension and it has been building. Everyone realizes there is a lot at stake here," Judge Sheila Whelan said Thursday during the ongoing preliminary hearing into the fi rstdegree murder charge against Wilfred Hathway.

"I've talked about decorum before. It has been a problem before."

Hathway has been routinely scolded for outbursts from the prisoner's box, once calling a police witness a liar.

"We all have the ability to set something off through the tone of a question or comments directed at a witness. But we also have the power to ratchet it down. Everyone plays a part in this," said Whelan. "I have a number of rules at my disposal to ensure we have decorum and proceed in an orderly fashion."

Extra security was added to the courthouse Thursday and the Crown and defence were ordered to remain at their respective tables while court is in session. As well, Richard Klassen, a member of Hathway's defence team, which is led by lawyer Robert Borden, will not be allowed into the courtroom until Whelan is present.

"I am trying to avoid what is apparently going on while I'm not in the room," Whelan said.

Hathway has told Klassen he will go on a hunger strike and refuse to attend court if any of his defence team is barred from the courtroom.

The rules of conduct are the result of a confrontation between Klassen and Crown prosecutor Brent Klause on Wednesday.

During questioning of a witness by a prosecutor assisting Klause, Klause sat behind Klassen in the gallery. According to Klassen, Klause whispered insulting comments about Hathway.

During an adjournment, Klassen asked Klause to go outside and talk in the alley. Klassen said he steps out the back door of the Queen's Bench courthouse for a cigarette during breaks.

"I wanted he and I to come to an agreement and stop this behaviour," Klassen said.

Klause took it as an invitation to a fight. When Whelan returned to the courthouse, Klause informed her a threat was made against him and Klassen should be removed from the courtroom.

Hathway then stood up, extended his cuffed wrists and asked that he also be removed in that case. He said Klassen, a civilian with much experience in court matters, is an important part of the defence team.

Whelan agreed Klassen has been a valuable help and refused to send him out. Klause suggested he would put Klassen and witnesses to the alleged threat on the stand. Threatening a member of the judicial system carries a maximum 14-year prison sentence.

Whelan adjourned court early Wednesday. Klause's proceedings against Klassen were to begin Thursday, but the lawyers and Whelan met and agreed to set the matter off to a later date to allow the preliminary hearing, which began in July, to continue.

The evidence given during the hearing, held to determine if there is enough evidence to go to trial, is banned from publication.

As part of Whelan's new rules, Klassen must sit in a location approved by the sheriff "to observe at an optimum distance from Mr. Klause." He is also prohibited from unnecessary interaction with anyone while court is in session.

Klassen expressed displeasure with the rules, saying they blackball him when he didn't do anything.

"I'm offended. I think I'm being targeted," he told Whelan.

"Perhaps I'm being over-cautious," she said, but warned Klassen he could be "in an even more awkward position if there were further proceedings against you."


Missing documents slow preliminary hearing

The preliminary hearing for Wilfred Gordon Hathway, accused of first-degree murder in the brutal stabbing of his Saskatoon landlord, continues to get bogged down with arguments over missing documents.

On Tuesday, defence lawyer Robert Borden told Judge Sheila Whelan that his copy of police crime scene photographs -- as well as hers -- was missing a picture referred to by an officer who testified last week.

Borden also said he just received 1,000 pages of photocopied officers' notes. Although he had transcribed versions, Borden discovered earlier this month that some information was missing.

Another officer, the lead investigator in the case, spoke last week about comments by Hathway that Borden said he had not seen.

The hearing, which began in July and was expected to last a week, has been dragged over nearly two months. Borden has requested time to recall the officer regarding the photographs as well as other witnesses.

The hearing was adjourned to Sept. 29. Borden said he likely needs a week to question other witnesses, and available court time is at a premium.

Crown prosecutor Brent Klause is also busy, which means Hathway could be waiting until January to get his case back on track.

Hathway, 46, has been charged in the 1998 stabbing death of his former landlord, Denver Bruce Crawford, 84. Crawford operated a rooming house at 323 Ninth St. East. His body was found by Hathway, who called the police.

Hathway was arrested in British Columbia last year after city police re-opened the file.

Evidence in the preliminary hearing has been banned from publication, although Hathway wants it reported.

Klause has suggested information may have been misplaced by Hathway's two previous lawyers (both of whom were fired by Hathway).

The RCMP is angry with the provincial Crown prosecutors' office because some of that information eventually appeared on an Internet site.

"Disclosure has been massively compromised and we are trying to make amends with the RCMP," Klause said.

As a result, he placed strict trust conditions on the latest information, which means no one other than a member of the Saskatchewan bar or a licensed private investigator can see it.

Borden asked Whelan to have the Crown drop the conditions because he needs help sorting though it all and "not even my secretary can touch it now." He has an assistant who can sift through the thousands of other pages of disclosure but she cannot handle the new information either. Hathway cannot have the materials unless Borden sits with him the entire time.

Meanwhile, Klause has another prosecutor as well as the police helping him, Borden noted.

"With all due respect, it is not your jurisdiction to make a decision on trust conditions," Klause told Whelan, who acknowledged Borden would have to make a charter application to the Court of Queen's Bench.

Whelan said such restrictions in a preliminary hearing seem unnecessary, "but the law is pretty clear about it."


Hathway Preliminary has turned into a farce celebrating tunnel vision and malicious intent

Sheila Steele Editorial

Yesterday, Prosecutor Brent Klause made clear in court that it was more important for him to "make amends with the RCMP" than to try Wilfred Hathway fairly and to consider that the original shoddy investigation into the death of 84 year old Denver Crawford may have ignored important clues which would have led to the real killers.

The hearing yesterday began with Judge Sheila Whelan addressing Hathway's lawyer, Robert Borden regarding an interview he had given to Darren Bernhardt and published in The StarPhoenix earlier this month. The phrase which Whelan suggested might be in violation of the publication ban was "alleged confession".

The RCMP and B.C. Attorney-General were in court in July to try to obtain a sweeping publication ban over the details of this case. What they achieved was a ban on the publication of any information which could reveal the identities of undercover operatives in scenario stings which have become a staple tool of the RCMP during the past decade: so staple that they sometimes by-pass the tried and trued investigative techniques of the past and go directly to a sting.

The RCMP also continue to spin Rafay and Burns as cold-blooded killers and not the scared Canadian kids they helped convict in Seattle by taking manufactured evidence stateside. In that case, their names and questionable tactics were publicly reported and a defence committee to appeal their convictions is gathering steam.

We have no idea how many wrongful convictions have arisen from these stings because the RCMP have been able to talk the courts into banning the publication of the resulting trials. Under freedom of information applications CBC exposed the methods in the case of Clayton Mentuck who had been stung in a series of scenarios, confessed to a murder he did not commit and eventually was acquitted.

The RCMP seem eager to continue with stinging suspects even when they have solid alibis and there is evidence that clearly points to other suspects. They play a kind of dance with the courts where responsibility for the original investigation is placed on the local police service which hired them -- and then paid them exhorbitant amounts of money to carry out a sting.

Klause has made it his mission to protect the RCMP's tactics (once again he referred to the "photo" which was briefly posted on this website) and to harrass and discredit the defence.

Funny thing. In the past we have found the louder the Crown calls us kooks the closer we are to the truth.

Court was adjourned until September 29 to give the defence an opportunity to go to Court of Queen's Bench to get a ruling on the absurd disclosure restrictions Klause wants placed on this case. Klause is claiming it is his boss, Director of Public Prosecutions, Murray Brown who insists on these restrictions.

We know that the local prosecutor has autonomy and responsibility regarding disclosure matters. He has, nonetheless, bought himself some more time. Time to contemplate a career going down the drain and that every day he continues to keep Hathway in jail is another day of malice. --Sheila Steele, September 14