Feb. 21, 2003 - Wednesday morning, Feb. 19, I went down to Court of Queen's Bench to hear Richard Klassen defend his right to examine Terry Hinz. This was an important hearing. As a non-party to the case, Hinz nonetheless had seen Dueck's file before July, 1991 when the charges were laid against Klassen and his family. As shown on the Fifth Estate update a year ago, Hinz had pledged himself to tell the truth if questioned under oath.
However, Ed Holgate took the court floor first to make two motions, neither of which Richard Klassen was aware was going to be brought up at this time. The first was to add The Government of Saskatchewan to the list of defendants in the lawsuit. The second was to sever his clients from Richard Klassen regarding a counter-claim of defamation by several of the defendants against the plaintiffs.
All motions (including Klassen's to re-examine Hinz) were denied by the court today. Nonetheless one has to ask why Holgate chose to raise these motions at this particular time.
Holgate's move to add the Government Saskatchewan is troubling. This would open the door to McKillop to move to strike the claims against his clients. Matt Miazga and Sonja Hansen, as prosecutors should not get off so easily. Richard Quinney, as their boss should answer to this. Carol Bunko-Ruys, as a social worker still practising in the Province of Saskatchewan should not be spared the experience of coming to court and accounting for herself. Then-Corporal Brian Dueck caused a pile of damage, but he could not have done it without the help and co-operation of those specific individuals. Again, Holgate and McKillop would seem to be in accord.
Remember last spring? Klassen was preparing a court motion to have the defence produce some individuals to be examined in the discovery process. Unknown to him, David Gerrand and Ed Holgate had a conversation where Gerrand told Holgate he was preparing a motion to have Richard Klassen struck from the claim because he had "information" Klassen was handing out banned material on the streets. Three weeks before the Popowich settlement came down, Richard Klassen was at the Bessborough bar with a group of people including Popowich's lawyer, Geoff Dufour who in a state of drunkenness "spilled the beans" that a settlement was coming on his client. It was Dufour's opinion that other settlements would quickly follow. The day after the Popowich settlement hit the papers, Klassen was served with a motion to appear regarding a motion from Dueck's lawyer to have Klassen struck. (See Klassen weathers latest gov't challenge to lawsuit) The motion was not successful. Noneththeless, Holgate knew it was coming and failed to alert Klassen. In retrospect I cannot help but wonder if Holgate also shared with Gerrand the information that Rick was preparing a motion to have the defence produce their people for discovery.
Of course one must also observe that as Saskatoon Police Superintendent, Dueck ordered the investigation on Klassen, complete with private investigators who went to the office and posed as supporters. His misuse of public money is staggering.
Holgate, rather than being outraged at the unethical tactics of the other side has chosen to suck up to them. He likely didn't start out as a bad apple but he has apparently been infected with the rot.
In July we got the list from Holgate regarding Dueck's Statement as to Documents he would make available to the plaintiffs in 271. On Dec. 21, 2001, we received the Prosecutors' List from Holgate. As far as we know Holgate has had these statements in his possession since 1995 and did not make them known or available to ANY of his clients.
We have been working hard but spinning our wheels for the last five years, trying to get Holgate to move this case forward, listening to his sorry excuses. Our wheels are not spinning now that we have some material that gives us some traction.
We'll leave it to the headshrinkers to figure out what the hell Holgate thought he was doing with this case, which will show itself to be one of the most profound shakers of Canadian law practice this century.
On Friday, Nov, 2, 2001 at 3 p.m. Ed Holgate, the lawyer on file for QB 1994 271 commonly known as the Ten Million Dollar lawsuit told Richard Klassen he would no longer represent him, that he would not share information with him and would not return to him any of the documents which Klassen supplied to him. He also threw a tantrum about the website and called us liars. He claimed he had told Richard Klassen about the documents he had but that we had been too busy with other things, including the website for Richard to go to his office and look at what he had.
Holgate had this stuff since April 21, 1995.
Since 1998, a few months after we launched the site we said that among material disclosed by the Crown to the falsely accused there were no notes from investigating police corporal Dueck and that we found this to be suspicious. We rely on Stinchcombe the landmark case regarding the obligation of the Crown to disclose its full case to the defendants prior to trial. This would certainly include Dueck's notes.
What we did not know, and did not find out until June, 2001, was that in a six inch high stack of discovery material given to Holgate in 1995 were Dueck's notes. Holgate had received a package from Greg Walen, who at this time was acting for Dueck (and who was later forced by the law society to withdraw as Dueck's counsel as he was also acting for Social Services, the Ross children and the Minister of Social Services) and who, in a covering letter which was completely illegal threatened Holgate with severe reprisals if any of the material left his office. Holgate hid the material so thoroughly that he forgot he had it. He allowed Richard Klassen to be discovered by Dueck's lawyer, Rossmann, without ever showing Klassen this critical information which indicates there are many other avenues of information to be investigated.
In late October, Richard Klassen instructed Holgate to make an appointment with the Crown office in Regina which has more discovery material (tapes and papers) which can be examined only in the office. We don't know if Holgate attempted to do this. We do know of three specific Saskatoon police reports, namely those of Hitchling, Ron Schindel and Marv Hanson which we have not yet seen.
This case has always been about getting to the truth. To injusticebusters this means the whole truth and nothing but the truth. When we make mistakes we set about to repair any damage done as quickly as possible (as we did as soon as we discovered that Dueck had, indeed, disclosed his notes after we had alleged he had not.)
Prior January, when Dueck's lawyer took Richard Klassen to court claiming he had violated the rules of court by disclosing discovery material on the internet, we had not divulged ANY discovery material: we hadn't seen any of it! Holgate not only had failed to show this to his clients but ignored Klassen's instructions to put into the court record an affidavit stating that Klassen had not published such material. His failure to comply with this request resulted in Klassen being fined for something he did not do.
inJusticebusters thought long and hard before we published the Matkowski and Middleton reports and Dueck's notes. We had no intention of violating the rules of court. We stand on Stinchcombe: this is material which was properly part of the original disclosure of the case against the falsely accused.
Kathy Ross told us this summer that within a year of the trial against her parents and the preliminary hearing against the Klassens and Kvellos, she had told Marilyn Thompson and Carol Bunko Ruys that she had lied on the stand. She told this to her new foster mom in Vernon, B.C. Dueck knew she had recanted. Yet in 1993 he had the Lucases arrested for defaming him and in 1994 three more of us were also charged with criminal defamation, under his order.
Terry Hinz, a senior prosecutor in Saskatoon had told Richard Klassen that if what Kathy told us was true, that Dueck had committed a crime. When we phoned Sgt. Elias of the Saskatoon Police Service in September to once again try and report Dueck's crimes, Elias told us "this case has been investigated to death." As we have more closely scrutinized the pile of material Holgate said contained nothing important, we see Elias is all over this case, too.
We believe this investigation will not be over until the whole truth has been disclosed to the public and those who have been wronged have been properly compensated.
When fifth estate won the Justicia award, the research was highly praised by the jurors. That was OUR research and associate producer Howard Goldenthal acknowledged that in his thank-you speech. Producer Harvey Cashore went on to thank Saskatchewan for threatening to have him charged for telling the story, saying that was the most certain way to strengthen his determination. inJusticebusters say ditto.