Sunday, July 31, 2005

"Cough 'em up Klause. Cough 'em up,"

Wilfred Gordon Hathway’s lawyer, Robert Borden, was outraged to learn Crown prosecutor Brent Klause had not made a full disclosure to him. No one was outraged when the Crown failed to make a full disclosure in any of the satanic child abuse proceedings, R v. Lucas or the Klassen/Kvello civil case. The law requires a full disclosure from the Crown. Mr Klause knows that he does not need to make a full disclosure. The law may require a full disclosure but this is common practice in Saskatchewan for the Crown to ignore the law, and the appellant court has a history of protecting the Crowns dirty tricks. The issue at the appeal level is not whether the accused received a fair trial or not, it is, would the judge or jury have reached a different verdict had there been a full disclosure by the crown. Mr Hathway is yelling in court, "Cough 'em up Klause. Cough 'em up", referring to the Crown’s failure to make a full disclosure. The time to address the issue of full disclosure is before the preliminary hearing, not at the trial or appellant court. How can a judge make a judgement about whether there is enough evidence to proceed to trial, without all the evidence?

Mr Borden is asking for a fair and open hearing for his client, Mr Hathway is asking the court to let the media report on the evidence and the questionable RCMP sting operation that was the subject of the CBC News program, Disclosure. CBC News: Widely used police interrogation technique can result in false confession.

The Crown has the support of the federal Justice Department and the full resources of Saskatchewan Justice. Mr Hathway has Robert Borden. Mr Borden not only has the charge to deal with, he has the gag orders and full disclosure issues. Mr Klause opposed Mr Borden’s request to have Angie Geworsky help him and he requested that Richard Klassen, be banned from the proceedings. It is clear Mr Klause is not interest in justice and the truth. To expect Mr Borden to do all this by himself is an injustice. If there is not a full disclosure and the gag order removed we will never know if Mr Hathway is innocent, or another victim of Saskatchewan Justice.

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