System failed profoundly, repeatedly
Tuesday, October 31
- Organization: Winnipeg Free Press
The inquiry into certain aspects of the wrongful conviction of Driskell has reached the final submission stage and Michael Code, the commission council, led off with a scathing, surgical analysis of the case based on testimony heard earlier this year.
Code highlighted 23 issues and concerns for inquiry commissioner Patrick LeSage, almost all dealing with a failure by the justice system to disclose evidence that could have helped Driskell at his trial and subsequent appeal.
Most of the evidence related to deals being made to secure the testimony of a star Crown witness, Ray Zanidean. Zanidean received immunity from a pending arson charge in Swift Current, and tens of thousands of dollars in financial assistance and compensation.
Code noted in his final submission that despite numerous attempts by Driskell's lawyer to "ask all the right questions" about compensation and immunity deals provided to Zanidean prior to trial, he was thwarted at every turn, Code noted.
The Crown failed to record the details of immunity negotiations, and police failed to write official reports on what they promised Zanidean, Code said. In some instances, it appears these were deliberate attempts to keep details of the negotiations secret, Code added.
The decision to either not write reports, or leave key details out of reports is "not proper, professional police practices," Code said.
Worse, when Zanidean denied he had received anything in exchange for his testimony while under oath, Code argued prosecutors George Dangerfield and Greg Lawlor knew or ought to have known the witness was lying.
Driskell was convicted in 1991 of murdering his friend, Perry Dean Harder. His conviction was quashed in 2005 by the federal government, which concluded he was wrongly convicted.
Ottawa asked Manitoba to hold a new trial. But the Crown's office decided instead to stay the charges against Driskell.
The inquiry has been empowered to recommend further investigation of anyone involved in the Driskell investigation and prosecution for either professional sanction or criminal charges.
LeSage also heard final submissions from James Lockyer, the lawyer representing Driskell. Lockyer noted the Driskell inquiry, the sixth such government investigation of a wrongful conviction in Canada, could spark more change in the justice system than any of its predecessors.
Lockyer said the power to hold individuals and institutions accountable -- a power deliberately withheld from other inquiries -- should be used for the benefit of the entire justice system.
"It's important for the future of our justice system that (LeSage) make the findings that need to be made on this case, to prevent these kinds of cases from happening in the future," said Lockyer.






