Wilfred Hathway has been locked up in the Saskatoon Correction Centre for the past two years. A publication ban under a relatively new section of the Criminal Code that was added following the Sept. 11, 2001, terrorist attacks in the United States is being used to deny Mr Hathway his Charter Rights. He is not a terrorist, he is being treated like one.
The following was reported in the Saskatoon StarPhoenix.
Lawyer Reynold Robertson, who represented The StarPhoenix and the CBC argued that the public should know how the police go about establishing their evidence.
Evidence presented in a preliminary hearing is customarily banned but Jeffrey Hayes, a lawyer representing the investigating police service wants the ban to also be in place if the matter proceeds to trial in open court.
Reynold Robertson, argued that the public should know how the police go about establishing their evidence. The publication ban was ordered despite protests from lawyers representing the media and the accused.
Under the section of the Criminal Code cited for the ban, publication of anything related to the police is also prohibited including their method of operation.
Mr Hathway’s lawyer speaking to media outside the courthouse said he was perturbed by the bans. The following was reported in the Saskatoon StarPhoenix.
"There seems to be an order here, there and everywhere prohibiting the media and prohibiting the accused and others from disseminating any information. I can't tell you very much, other than what you've read in the newspaper (Tuesday) morning," he said. The Saskatoon StarPhoenix published a story about Hathway and his arrest in May 2004 prior to the ban being granted.
"This is a situation where we have to be tight lipped about everything". "We live in a democratic society, a constitutional society, and we like to see information disseminated as much as possible so that people can talk about the case, witnesses can come forth and we can all get a better understanding in the sense of what's right and just. "We just cannot have secrecy. We cannot have a situation where we're afraid to talk to each other about cases. My God, didn't that happen in the Klassen-Kvello case? Didn't it happen in the Martensville case? Didn't it happen in Milgaard?" "This has got to stop and I hope it stops with this case, because it certainly didn't stop with those others."
"If the police had evidence against my client in 1998, 1999, 2000, 2001, or 2002, why didn't they charge him then?" "What was it that happened in 2003 and 2004 that led to these charges?"
"When you don't have any evidence against somebody what do you do? You try to extort a confession, force a confession, use coercion and threats. I'm not sure that's what we should do in a democratic society,"
"We do not want the media prohibited from reporting on the proceedings. The way it is worded, it even prohibits defence counsel from speaking about it if something 'tends' to reveal the identities. Lots of things will 'tend' to do that. I won't give his name or a physical description but I intend to talk as much as possible about this."
Mr Hathway’s lawyer said sometimes police use deception, manipulation and coercion to extract confessions and some of those confessions turn out to be false.
Hathway's lawyer claims his client was coerced into illegal activities by the undercover officers and his participation was used against him to pry out a confession.
Mr Hathway’s preliminary hearing is best described as legal folly’s. At one time a sheriff’s deputy threatened to shut down the proceedings. This was a result of Mr Hathway’s lawyer’s request that Hathway be given a pencil and notepad. He was not allowed to address the court. This prompted Mr Hathway to say "Everyone's here because of me and I can't say a damn thing. Nothing"
Mr Hathway fired two lawyers and his last lawyer quit saying that Mr Hathway has a strong case. Mr Hathway received help from Richard Klassen and Angie Geworsky to file motions for a full disclosure. Fact is in Saskatoon as seen in one travesty of justice after another lawyers will not, and can not properly represent their clients when accusations are made against the Saskatoon Police and Saskatchewan Justice about yet another travesty of justice.
This was made very clear at the Saskatchewan Court of Appeal when a lawyer said that he believed the Johanna Lucas and Richard Klassen case was a travesty of justice. This lawyer was told by a Justice of the Saskatchewan Court of Appeal to, “sit down, shut up, and do not say another word.” That’s Saskatchewan Justice. Johanna Lucas has a web site, [url]http://www.saskatchewanjustice.ca[/url]. She is posting the truth about the 8 year old Ross twins who were full wards of the court and were knowing left by Saskatchewan Justice and Social Services to be raped by their older brother for four years. She was jailed in 1995 for trying to help all three Ross children. She is a old age pensioner now in failing health, she and her husband have been malicious persecuted for over 12 years by Saskatchewan Justice for telling the truth about what happened to the Ross children in Saskatchewan.
The article By ROBERT MATAS, Globe and Mail, October 26, 2005 is the first time that I have read anything in the media about the two twin 8 year old girls who were left to be sexually assaulted for four years in Saskatoon.
Saskatoon lawyer Robert Borden is quoted as saying , “She also told the social worker that she was being sexually assaulted by a sibling, and the social worker left her with the sibling for four years.” There was nothing reported in the Saskatoon StarPhoenix.
The people of Saskatoon are treated like mushrooms, sit us in a dark corner and feed us BS. We need a newspaper in Saskatoon. The Saskatoon StarPhoenix by any stretch of the imagination can not be called a newspaper. One injustice after another and the people of Saskatoon have to get the news from injusticebusters, national newspapers, Fifth Estate and W5. The people knew very little about the Richard Klassen malicious prosecution case until the Fifth Estate ignored the publication bans and threats from Saskatchewan Justice and broadcast the Scandal of the Century story.
The news media has a responsibly to the public to ask questions, investigate stories and search for the truth. In many cases the media has failed to ask questions and will take something from the story and spin it to sell newspapers. This is what happened with the satanic child abuse cases in Saskatchewan. The question being asked by the editors and writers of the Edmonton Sun and the Globe and Mail; are there cults sacrificing and eating babies in Saskatoon? The StarPhoenix published articles on how the public could protect their children from cults who were sacrificing and eating babies. The result was a mass hysteria in Saskatoon that spread to Martinsville and many innocent lives being destroyed.
Saskatchewan Justice engaged in a 15 year cover-up, the fools thought the public may loose confidence in the administration of justice if they were told the truth about the Ross children and the satanic ritual abuse hysteria. Judges who knowingly left 8 year old children to be raped should be removed from the court.
Here is a fact that is becoming clearer in a Saskatoon court room. It is becoming harder and harder for the known hand full of corrupt judges in Saskatoon to get away with their corrupt court proceedings. This was very clear when Justice Malone was asked by the Crown to remove himself as the trial judge in the John Lucas case. I see no difference in Mr Hathway asking that a prosecutor be replaced, the secret court does not allow the public to know the details of the accusations of manufacturing evidence because of the publication ban, but the history of the court, Saskatoon Police Service and the Saskatoon prosecutors office in Saskatoon is well known and speaks for itself.
Mr Hathway filed a motion with help from Richard Klassen and Angie Geworsky. After two years the court ordered the Crown to supply Mr Hathway with disclosure required by law. It was ordered that Mr. Hathway retain such disclosure material in his cell at the Saskatoon Correctional Centre, and not remove any document from the disclosure from his cell for any purpose. That he not reproduce the disclosed material or store it in a retrieval system or transmit it in any form.
As reported on injusticebusters Mr Hathway; “sent out manila envelopes via the mail to Richard Klassen and Angie Geworsky. When they opened the envelopes they found it to be all new disclosure with "fresh" evidence. Also smuggled out were two video tapes. One more envelope arrived today (April 13, 2006) in which contained more damning evidence of police perjury. Mr. Hathway felt that he had no other option but to break Justice Laing's fiat. He did not have access to a computer to properly prepare a legal brief on his own behalf. He sent the information to Mr. Klassen and Angie Geworsky to prepare a proper legal brief. This brief was filed at 4P.M. today April 13, 2006 on behalf of Mr. Hathway for his Judicial Interim Release Application set for April 21, 2006, 10:00 a.m.. The brief and all supporting documentation and evidence is now in the hands of the Court of Queens Bench.”
I attended the hearing on April 21. What I witnessed was a personal vendetta by the Crown prosecutor against Richard Klassen. I believe this vendetta started in June 1994 when Mr Klassen wrote a letter to this prosecutor. Mr Klassen and his family were being slandered and insulted in court proceeding for over 10 years by Crown prosecutors, judges and Saskatoon Police. This ended with the Baynton judgement that found a Crown prosecutor, child therapist and Saskatoon police officer guilty of maliciously prosecuting the Richard Klassen family. The court room is not a place to engage in personal vendettas. Mr Hathway is the one that is charged, not Mr Klassen.
Saskatchewan Justice conducts secret courts where the public and the media are not allowed in the court. The evidence known to the public before a publication ban and gag order may not be enough to conclude that someone is guilty. When the court issues a gag order and the evidence is secret it is clear that it is the secrecy that is the determining factor in issuing the gag order.
I overheard someone during a brake in the proceedings suggesting that Richard Klassen change his last name to; Mr Richard “I am not a member of the Saskatchewan Law Society.”
Mr Hathway was served with an affidavit just before the hearing. He was allowed to answer the affidavit in court. Paragraph by paragraph he responded with documents and photos. Mr Hathway turned to eye ball a Saskatoon police officer and call him a liar, I had no trouble hearing him. I don’t think this will serve him well, I may not think its appropriate, but it is understandable.
The Saskatoon StarPhoenix did not report on this hearing. The newspaper has in the past not published stories that would leave a negative view of this small community. The Curtis Malinowski trial is a good example. It was only after being contacted by posters on the W5 forum that the StarPhoenix covered the story.
The number of cases based on false confessions and detailing the methods used by the RCMP to obtain questionable confessions and convictions is alarming. What is more alarming is that the publication ban in the Hathway case extends to anything related to the police, including their method of operation. This is claimed to be needed to protect RCMP officers in future RCMP Mr Big stings. What is being protected, their method of operation, that is well known, or is it the degree to which a confession is voluntary?
The publication bans prevent the media from reporting on the Hathway case. This is what happened in the Ross, Ross and White case in Saskatchewan. The media and the public were banned, not only from publishing, the media and public were banned from the court room. This was the first of the satanic child abuse cases in Saskatchewan. This travesty of justice and cover-up resulted in Richard Klassen dragging Saskatchewan justice, kicking and screaming to the truth for over 10 years.
The Mr Big story could result in a fair trial for Mr Hathway in Saskatoon. Many people including the editors of the StarPhoenix have demanded a public inquiry into the administration of justice in Saskatchewan. Until that happens there will be more persecutions and malicious prosecutions in Saskatoon. The people of Saskatoon have a right to know what is happening in the courts in Saskatoon. The John Lucas case is set for October, 2006. The Ross twins filed a Statement of Claim, paragraph 20 is below.
20. Particulars of the immediately preceding paragraph are as follows;
a. Each of the Plaintiffs had been repeatedly sexually assaulted by Michael Ross between 1990 and 1996.
b. The Defendants knew that Michael Ross was sexually assaulting each of the Plaintiffs.
c. The Plaintiffs were placed and returned on several different occasions to the same foster homes as Michael Ross.
d. No efforts or in the alternative Insufficient efforts, were made to prevent Michael Ross from sexually assaulting the Plaintiffs.
Canadians would be outraged by what happened to the 8 year old Ross twins and Johanna Lucas in Saskatchewan. As long as the editors of the Saskatoon StarPhoenix continue to huddle under Maxwell Smarts cone of silence the people of Saskatoon have to rely on the national news media and W5. A Mr Big thank you to W5.
CTV Forums - RCMP Mr Big: Thank you W5
Saskatchewan’s Shame
Saskatchewanjustice.ca
http://www.saskatchewanjustice.ca/
Injusticebusters
http://www.injusticebusters.com/
No comments:
Post a Comment