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QB 271 Pre civil trial

Deconstructing the fiat; or: What the %@#^&&!! does it mean?

Richard Klassen holds bank draft he had to get for Dueck's lawyer to avoid being dismissed from civil claim SKQB271-94. David Gerrand took over defending Dueck from Saskatoon City Solicitor Barry Rossman after Rossman successfully duped the court January, 13, 2001. Klassen's lawyer at the time, Ed Holgate, neglected to file his client's affidavit answering to charges of breaking the rules of court. Judge Zarzeczny ruled against Klassen and ordered him to pay Dueck.

A year later: Feb. 19, 2003 | Miazga | Mitchell | Terry Hinz | The $10M+ Lawsuit | Klassens await day in court | The Gerald Morris case traces some of the branches of corruption in the Saskatchewan legal community | Saskatchewan Court of Appeals role in covering malice | Crown Lawyer had doubts (SP article)

Chronology of this story from 1987 to now | More Judge Mona Duvall

QB 1994 271 | Peter Klassen and Michael Ross lawsuit | John Popowich lawsuit

Thursday, Feb. 14, 2002:

Judge Mona Dovell heard from David Gerrand and Don McKillop arguments why Richard Klassen should be dismissed from the civil claim he launched in 1994. She then heard arguments from Richard Klassen on why the defendants should be penalized for keeping sloppy files which cost him unreasonably large photocopying costs because the listing and numeration was inadequate.

The hearing went on from 10 until 2.45 with one twenty minute break.

The hearing began aggressively with the two defendant lawyers arguing vociferously that Richard Klassen had broken a judge's order by giving material to StarPhoenix, fifth estate and inJusticebusters. They provided no direct evidence for the first two media and the first page of this page: Good Lawyers, Bad Lawyers which was published on this site in August, and which is not evidence at all but a personal rant, to support their charge regarding the Internet publication.

Richard Klassen made very clear that the public should know the crimes committed by Superintendent Dueck no matter where the evidence is found, even in a civil suit. The aggressiveness settled down after Klassen stated the seriousness of the crime, allowing the sexual torture of twin girls, for 43 months while they were 8-13 years old. This is one thing the other side does not want told, even though the whole country has seen the fifth estate show providing the background in this case.

Dueck's lawyer was insistent that Klassen immediately pay Dueck the levy assigned by last January's court even though Klassen's counsel at the time had informed him such payment would be a severe hardship. Klassen purchased the bank draft above but it was too late to deliver it to the court. He left for home with a quarter tank of gas, loose change in his pocket and the satisfaction of having practiced a good day's justice in courtroom number five.

Michael Ross and Michelle Ross were both in the courtroom which was filled.

Steele's role in the running of this site was raised by Dovell who did not go as far as Judge Zarzeczny who, in January 2001 told Dueck's lawyer that if he wanted the website taken down, he would have to find another jurisdiction. However, she did not press it. Judgement was reserved.

Motions to dismiss were also heard against the claim of Peter Klassen and Michael Ross. These were adjourned to March 15. (They were all dismissed. The reasons -- which are not good enough, will be posted shortly.)

Richard Klassen to remain in civil suit:
Dueck's and crown's lawyers ordered to number their documents!

For one thing it means that unrepresented litigants can get fairly far. They have to get the Rules of Court, of course, and then they have to follow them. Duh. Betcha thought that was what you paid lawyers the big bucks to do. Wrong again. You pay the lawyers the big bucks so they can buy up lakefront property and look down their noses at you. If you want to get a matter before a judge, you are going to have to do it yourself.

The most interesting part of this exercise is to find that things that lawyers tell us are not "possible" or "done" are, in fact, quite possible and can be done.

At this hearing, Dueck's lawyer, Gerrand, put to the judge that because Klassen did not have a lawyer, that he was placing the other lawyers at a disadvantage. That their code of ethics states they are under no circumstances to participate in encouraging a person to proceed without counsel and that by co-operating with him, they were violating their code. The only solution would be to drop Klassen's claim, Gerrand said. "There's no point putting him in jail."

In other words, it is perfectly ethical for government lawyers to cover-up the regular rape of a child for 43 months but it is not ethical to co-operate with a citizen who hasn't passed the bar.

Johanna Lucas, also representing herself appeared Feb. 28.

The full text of the 20 page fiat. . .Feb. 22, 2002 | StarPhoenix report

The initial motion was made by Richard Klassen asking for an order of production of documents. Dueck's lawyer responded with a motion to have Klassen struck from the claim. Klassen won on both motions.

Richard Klassen has today complied with the judge's order by providing an affidavit he will not break her order and has begun to make arrangements to examine some of the defendants.

This provides a more level field for future hearings.

Those responsible for the pursuit of the original false charges and the crimes against the Ross children have been slowed down although some of their slander against us remains on the public record and in the public's mind. Saskatchewan clings to its petty mentalities.

Certainly we are not now nor ever have been vigilantes. To be once again described as such is chilling with the current connotations. We have always been vigilant, which means watchful and cautious. We have so far remained standing against powerful forces.

No win by a challenger comes without a backhand in Saskatchewan. A challenger without counsel, who wins his case by following the rules seems to be particularly singled out for scolding. Klassen had asked to have Angela Geworsky, accompany him to the lawyers' offices to help him sort through the thousands of pages of files. This request was denied. Geworsky had already witnessed one incident in McKillop's office. By denying Klassen an assistant and witness, Dovell has effectively made it impossible for Klassen to view the documents, no matter how well they are finally numbered.

We remain watchful and cautious. And reluctant to go into enemy rooms alone.

We would like very much to thank the anonymous European donor whose generous contribution could not have come at a more helpful time for Richard Klassen.