Wednesday, March 01, 2006

Lucas & Hathway: Lawyers Needed in Saskatchewan.


Mr Hathway has been incarcerated for over two years at the Saskatoon Correction Centre. He was charged in the 1998 stabbing death of his landlord.

Mr Hathway was subjected to the RCMP Mr Big Sting. This sting is used to obtain a confession when there is no credible evidence of guilt. It is used to obtain a confession after a profile discloses a weakness in character, alcohol, past criminal convictions, drug abuse or the violability of youth.

In Mr Hathway’s case it was his past alcohol abuse. Get him off the wagon, out of school, get him drunk, engage him in illegal activities, lead him down the gardener path with no way out but a confession.

The evidence at the preliminary hearing was banned from publication, this is normal, what is not normal is the extent of the publication ban that relies on new terrorism legislation enacted after 9/11.

The preliminary hearing was turned into a court procedure resembling Abbott and Costello famous "Who's on first" radio skit.

Mr Hathway is not a threat to Canada’s national security. Withholding full disclosure by the Crown to Mr Hathway can not be justified as being a threat to Canada’s national security.

Mr Hathway’s Motion for a full disclosure was high jacked by Mr. Justice Laing, the Saskatchewan Law Society and the federal justice department.

It was a failed attempt to further add to the growing number of laws written by judges in Canada. Judges writing laws in secret courts needs to end in Canada. Elected members of government write laws, after an open debate in public and the press. If the politicians get it wrong in Canada’s vote splitting minority rules form of government then it is freedom of speech, and the press, that protect the Constitution and Mr Hathway’s right to a fair, and just trial.

From the news media:

“charged in the 1998 stabbing death of his 84-year-old landlord”

I don’t like people who would do that to a 84 year old.

“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.”

I don’t like people who have no respect for the court and police officers.

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

This guy must be unstable, firing two “real lawyers”.

His previous lawyer, Robert Borden, withdrew from the case in mid-January.”

Must be guilty, his lawyer quit on him.

Do not prejudge Mr Hathway.

The Crown was ordered to provide Mr Hathway with disclosure material in the Saskatoon Correction Centre. Mr Hathway is not represented by a lawyer. The CTV’s W-Five has been refused entry into the Correction Centre to interview Mr Hathway. The news media is not going to take directions from non-lawyers, a lawyer will not take directions from a non-lawyer.

Mr Hathway would have been just another victim of the administration of justice in Saskatchewan had he not received the help of non-lawyers with a working understanding of the history of corruption within Saskatchewan Justice and the Saskatoon Police Service. This is the only reason for the news coverage at his otherwise secret preliminary hearing.

Mr Hathway will not receive a fair trial in a corrupt Saskatchewan court.

The Crown requested that John Lucas, who is charged with defaming Justice Paul Hrabinsky make application to the court for the removal of Justice Malone as the trial judge at his upcoming October, 2006 jury trial. Mr Lucas told the Crown prosecutor to do his own dirty work and upon hearing the request of the Crown a justice of the Court of Queen’s Bench stopped the court proceedings.

A request was made by the judge/judges to both Saskatchewan Chief Justices to have a Court of Appeal Judge hear the lower court jury trial. It was clear that a justice of the Court of Queen’s Bench was concerned that Mr Lucas would not receive a fair trial in Court of Queen’s Bench under the control of corrupt judges.

The request was denied, justice Malone removed himself as the trial judge and the same judges that appointed Justice Malone appointed Queen’s Bench Justice Ball as the new trial judge. This is a good example of how Saskatchewan Justice suckers an honest judge into protecting a corrupt court and corrupt judges.

There is no question that Mr Lucas is being maliciously prosecuted by corrupt judges in corrupted court proceedings.

Mr Hathway is in the same court and he is claiming that he is being maliciously prosecuted.

Mr Lucas has a gag order that prevents him from talking about his case. Mr Hathway is locked up with his disclosure documents. They both need legal representation that is not available in Saskatchewan. There is not a hope in hell of them having a Saskatchewan lawyer represent them.

It is time that the Parliament of Canada and elected representatives started protecting the Charter Rights of Canadians. The federal justice department must protect Canadians when the provincial government of Saskatchewan refuses to act when there is a clear history of judicial corruption within the courts and Saskatchewan Justice.

Order a judicial stay of proceedings in the Lucas case or appoint a lawyer of his choice from outside Saskatchewan. Take the self-serving gag order, wipe and flush it along with the stink from Saskatchewan Justice.

Let Mr Hathway out on bail. He has Charter Rights, locking him up in remand for over two years is cruel and unusual punishment.

Keeping Mr Hathway locked up in a cell with boxes full of disclosure that he is responsible for without his having legal representation is an invitation to a disaster. Get the disclosure properly organised on CD’s. a computer in his cell or give him access to one of the jail computers without any keyboard jackoff mess.

The Government of Canada can not continue to ignore the corruption in Saskatchewan. A full public inquiry into the administration of justice would have helped over ten years ago. It would have saved the tax payers of Saskatchewan the millions that have been paid out in damages and on corrupt court proceeding.

Clean out the judicial rot from Saskatchewan Justice before the next appointment to the Supreme Court of Canada.

5 comments:

J. Lucas said...

Those involved in helping Mr. Hathway, should consider their advice very seriously. Mr. Hathway requires a good lawyer, perhaps one from outside the province who is conversant with our idiosyncrasies. Life without the possibility of parole for 25 years, means just that. The average is around 32, at the moment. There are several whom I could name who were given life when the minimum before your application date was just seven years, under our old code. 35 & 40 years later, a handful of these lifers remain in prison.

Bringing forward other possible explanations & or, suspects prematurely, could blow his case entirely, even if Mr. Hathway, is entirely innocent. As a Prison Rights’ advocate, I only ran across two prisoners out of thousands who claimed they were entirely innocent after their last avenue of appeal was dealt with. And I along with others did make a mistake regarding one of those that I mentioned... A batting average of 500, may be good in baseball, but it was a disgraceful put down for the man that hundreds of us treated as both guilty & stupid, while he remained in the penitentiary, for several more years.. Mr. Hathway, needs a lawyer.

Anonymous said...

We are looking far and wide across the Country to find Hathway a good lawywer. He will not hire any laywer who will lie, be lazy, not communicate with him, not take instructions from him...

You are certainly right that Hathway needs a good lawyer, do you know of any?

Anonymous said...

A little knowledge of the law can be a dangers thing when one is looking a life in prison as Mr Hathway is. Mr Hathway has disclosure, it is Mr Hathway who’s ass is on the line now. I know of no lawyer who would risk or allow a non-lawyer to cross the Bar. Who would risk being attacked next in a manner that is uncalled for and underhanded?

The lawyer I would have recommended has withdrawn.

Anonymous said...

First off, we, that are helping Mr. Hathway have never "advised" him not to have a lawyer. However in saying that, as Mr. Hathway is looking at life, it is his wish to have a lawyer that he can trust and that will truly do what is necessary within the law to see that he has a fair trial. We will not speak ill of his previous lawyer, however we will print out the comments posted on this site and Mr. Hathway can enlighten you himself as to his feelings on the matter as it is "his" life we are talking about. Mr. Hathway will personally respond to the comments made, addressing your concerns for him and our involvement in his case.

J. Lucas said...

At the end of the day I would not worry about Mr. Hathway. Q.B. will appoint a lawyer to sit by his side and advise him, whether he likes it or not. They used that procedure recently with some skinner who escaped from the annex and raped (Or was it just two?) three, leaving one of them for dead. Labach got the job and the skinner got life… Je me souviens.