Wednesday, February 15, 2006
Is Mr. Justice Laing already too big for his britches?
Yesterday was Valentine's Day and Mr. Justice Robert Laing chose the occasion to deliver some tough love to Wilf Hathway who has been indicted for first degree murder after a confused and chaotic preliminary hearing.
The piece of evidence which caused Provincial Court Judge Sheila Whelan to send him to trial was a confession which Hathway gave to RCMP undercover operatives after an elaborate and costly scenario sting which the Saskatoon Police hired them to obtain.
Details of the sting operation are under non-publication orders.
Hathway had contacted me in September, 2004 after he had already been in remand lock-up for four months. I discussed the case with Richard Klassen and his executive asistant, Angela Geworsky, and the three of us investigated the validity of the Saskatoon Police claims. We found a sloppy investigation full of profound irregularities.
Sgt. Yonkman, who was in charge of the file, had not played any role in the original investigation which was so full or errors that no judge would have indicted Hathway based on their theory.
In Court of Queen's Bench, Hathway applied for some specific disclosure: the negatives of the original crime scene photos. Denied.
The lawyer who had been engaged to represent him, Robert Borden, quit the case after we found some potential similarities between the murders of Denver Crawford (the man Hathway is charged with) and Jaime Wheeler (who Dominic McCulloch is convicted of killing.)
Mark Brayford, Q.C., is supposed to be filing an appeal on McCulloch's behalf. He has been stalling on this, despite strong evidence in his possession that his client is innocent.
But I digress.
After Borden quit, Prosecutor Brent Klause, who got his Q.C. title just before New Years, intervened in the court process to get Judge Laing to order that Klassen and Geworsky be separated from Hathway's defence. I was mentioned, by implication, as injusticebusters' website name was bandied about.
In court yesterday, Mr. Justice Laing gave Hathway a lengthy lecture about how much he had at stake and that he was making a big mistake involving Richard Klassen and Angela Geworsky in his defence.
"They are not experts, they have absolutely no experience," quoth the learned judge.
(I can only wonder where Laing might have been while the Klassen/Kvello civil trial was going on, a successful claim of malicious prosecution litigated for the most part by Richard Klassen?)
I have posted on the main website a Star Phoenix report that Laing has instructed Hathway to get a "real lawyer."
This is so insulting. Klassen and Geworsky have put in between 1 and 2,000 hours on this case. I had spent weeks talking with Hathway before they became involved. There is not a "real lawyer" on earth who would give a case the kind of methodical preparation which we have given to this one!
Laing told Hathway that there was not a lawyer in the country who would work with Klassen and Geworsky.
Borden took the case on a legal aid ticket. He received, I would suppose, about $60,000, which is about the limit that Legal Aid allows for defence in a murder trial. No more money, no more defence is how it goes.
Laing's remarks in court yesterday went far beyond what a judge is supposed to do. From the bench, he offered unsolicited advice and defamed two citizens.
Saskatchewan is such a hick place. I guess by and large people are impressed with a fella who makes it through law school and gets all the way to the top of Queen's Bench. Sometimes such folks start believing their own hype and condescend to the rest of us plebs.
Laing actually said to Hathway, "I don't know how smart you are, Mr. Hathway," before spelling out his grade-school teacher lecture, which was a repition of the theme "You're hanging around with the wrong crowd."
There is no way of knowing what he thought after Hathway responded, in intelligent language, that he understood very well what was at stake and he wished that his team continue to help with his defence.
No reporters were present. Neither were the original prosecutors, Klause and Zerr. Klause is reported to be vacationing in the sun.
Another Crown Prosecutor was there, complaining to the judge that we are trying to get publicity about this case "to further our own ends."
She's right. The end we wish to further is justice, a little word which Laing seems to have lost sight of now that he has new robes and feathers.
Update Feb. 16
The transcript of the proceedings addressed above and Hathway's response (an open letter which has been faxed to the judge) are available on the main injusticebusters' website.
There was an appearance by Robert G. Kennedy, Q.C. for the Saskatchewan Law Society. What is he doing there? If the law society has a problem with Richard Klassen and Ms. Geworsky take it up with Richard Klassen and Ms. Geworsky, not Mr Hathway.
Mr Kennedy agreed to talk to a Saskatoon home owner being blackmailed by Saskatoon Lawyer Nicholas Stooshinoff, when she got to his office he sent her to Brent Gough’s office, both of them were benchers with the law society. Mr Stooshinoff was waiting for her on the sidewalk outside Mr Gough’s office and he attempted to bully her into going with him for a discovery. She told him that she would not be in the same room with him. Mr Kennedy and Mr Gough do not protect the public from corrupt lawyers, they protect corrupt lawyers.
The transcript of how the disclosure was going to be dealt with by the court and the prosecution by Justice Lang did not go as planed. His pep talk about how smart lawyers are and how stupid the rest of us are is an insult to people who have a belief in fairness and the truth.
There is no amount of spin by the Chief Justice that will change the fact that his court has a history of wrongful convictions, malicious prosecutions, corrupt prosecutors and police officers lying under oath with the full knowledge of the judges hearing the cases.
Richard Klassen with the help of Ms. Geworsky exposed his court for what it is, corrupt. For over ten years the court protected people responsible for maliciously prosecuting innocent people.
Mr Klassen and a few others had their day in court, three people were sacrificed by Saskatchewan Justice, had the police officer who was found guilty of malicious prosecutions been a lawyer, he may well have been appointed to the bench along with receiving his pension and gold watch. The rest are just victims of Justice Lang’s court and the judicial corruption and decay characterizing the Saskatchewan justice system.
As has been witnessed throughout the court procedures, the court has allowed the prosecution to continue with unfounded accusations concerning Mr Klassen, who the hell is on trial here, Klassen or Hathway?
Mr Hathway has had three “real lawyers” and no disclosure. Mr Borden has withdrawn, he could be concerned that he may be charged with another false rape charge, or the new tool in the hands of corrupt police officers and the Crown in Saskatchewan, the you have a drug house and we are going to take your house without investigating law or the you are a foster parent of FDAS children and will be charged with sexual assault without an investigation law. Only in Saskatchewan.
What is “supplemental narrative text” and who is the “real lawyer” who thought that one up? Mr Hathway needs to have a look at this text. Justice Lang thinks the time to address the issue of a malicious prosecution is to first successfully defend the case. Justice Lang then says that Mr Hathway could then have a lawyer look at it and say, is there a basis for malicious prosecution or not. What’s the next step. Put Justice Lang’s name on the Statement of Claim and proceed with the same 10 year nightmare that Richard Klassen and his family were put through by judges of the Court of Queens Bench and Saskatchewan Justice. Justice Lang needs to open his tunnel and let some light in, his vision is being restricted.
Justice Lang has a duty to protect Mr Hathway from a malicious prosecution and insure he has a fair trial, a motion and transcript helping the Law Society to prosecute Richard Klassen is an abuse of the court process. Richard Klassen and Ms. Geworsky are Mr Hathway’s only chance of receiving a fair trial. Justice must be seen to be done. Start with a new prosecutor and trial judge and if this is another malicious prosecution in Saskatoon as the on going Lucas case is, then end them both now.
Mr Hathway can not defend himself without the help of Mr Klassen and Ms. Geworsky. He is not allowed to ask for help from the police force, police officers, the prosecutor or W5. Mr Hathway interrupted the slanderous trash from the prosecutor, Ms Gray. W5 is not a criminal origination. W5 has exposed many injustices in Canada, to say that the correction centre has some control over who enters their premises and that Mr Hathway’s meeting with W5 may not take place as a result is a continuation of the arrogance Saskatchewan Justice is famous for. No one to my knowledge at CTV or W5 has been found guilty of malicious prosecution, this can not be said about Ms Gray’s prosecutors office in Saskatoon or the Saskatoon Police Service.
The MB AG has refused to investigate a bent lawyer who used the court to cover his fraud and set me up for a perjury conviction [no jail, probation].
I continue to have difficulty with the court system. A judge, Lynn Stanndard has just recused herself after I challenged her decision as venal and asked that she NOT recuse herself unless she is guilty of the written charges I submitted. The Chief Judge says that he cannot investigate her actions.
http://ishmael.ca/Crooked-Legal-System.html
I have some information on the system above.
J. Ishmael
We now have some Judges who believe they are above the law as they try to stop you and I from excersising our rights to defend ourselves.
I disagree, they could care less, they are answerable to no one. Robert Borden interrupted Justice Lang, as he was clearly concerned that the Crown was going to claim that he did not return the disclosure material to the Crown. Just the fact that an honest lawyer like Mr Borden would feel a need to do this in a Canadian court should be raising questions about the Hathway case. More people need to start supporting injusticebusters and the efforts of Richard Klassen and Ms. Geworsky. If Saskatchewan Justice gets away with this travesty of justice no one will receive a full disclosure from the Crown in Canada.
There is a new web site in Saskatchewan.
saskatchewanjustice.ca
http://www.saskatchewanjustice.ca/
Let W5 into the Saskatoon Correction Centre
http://ctvbb.insinc.com/forums/forumdisplay.php?f=36
I had to file my own action in the Superior Court of ON against a venal and crooked system in Manitoba.
I asked a prosecutor: please provide evidence you have complied with the Ontario Interprovincial Summonses Act. I had asked this question verbally and in writing about 34 times over 2 years and got SILENCE. not even an acknowledgement of the question .
Finally, at a pre-trial by phone at which I reminded the provincial judge in MB that I was calling in to remind them of the prosecution's non-compliance with the Act, the judge ORDERED the prosecutor, Kim Laycock, to NOT reply!
About 2 weeks ago, the prosecutor finally referred me to a MB govt lawyer, Alan Ladyka for answers, refusing to reply herself.
Alan Ladyka had not acknowledged my multiple emails asking for answers.
A venal and racist system that has corrupted the MB Justice system that is bought by a group that expressed hatred for my book THE BLACK BUG - the Genetic Bomb [New re-print ISBN 978-0-9739622-5-3]
The BLACK BUG is about Apartheid and Palestine and it offended those who terrorise Palestinians as they did South African mine workers.
I have some information on the Actionj at my website and will post the actual 65 page Action as I can.
Meanwhile, James Hunter, what is the status of your matter? Please feel free to contact me at ish@ishmael.ca
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