The final submission of Michael Code, chief counsel to the Driskell inquiry:

* Winnipeg police failed to produce written reports about Crown witness Ray Zanidean's admission he had committed arson in Saskatchewan.

CODE said these admissions, made in the fall of 1990, should have been put in official reports; once written, those reports should have been disclosed to Driskell's lawyers.

* Winnipeg police officers Al Paul, Tom Anderson and Bill Vandergraaf failed to document negotiations with the RCMP on dropping the arson charges against Zanidean, and a decision to keep Zanidean in the dark about this until after the trial.

CODE said this strategy was "not acceptable, professional police practice." Not documenting the negotiations -- and the fact Zanidean wanted immunity for the pending arson charge -- appears to have been a "deliberate" act to conceal evidence that would have weakened Zanidean's credibility at trial, Code said.

* Crown prosecutors George Dangerfield and Greg Lawlor knew enough about Zanidean's demands for immunity and other consideration that they should have alerted the court that he lied under oath.

CODE said Dangerfield and Lawlor had been given "sufficient information to at least give rise to concerns as to whether Zanidean was being truthful about his motivations." As such, they had a duty to inquire about what had been promised to Zanidean, and report those details to the court.

* Director of prosecutions Bruce Miller failed to record meetings and phone conversations on negotiations with Zanidean.

CODE said as Zanidean's primary contact in Manitoba Justice, Miller had a duty to document all contact or discussions with Zanidean and his lawyer. Not documenting these negotiations made it nearly impossible for them to be disclosed to Driskell's lawyer, Code added.

* Bruce Miller failed to ensure that letters from Saskatchewan Justice, which arrived after Driskell's conviction, were disclosed to Driskell's lawyers prior to appeal.

CODE said the letters, which claimed Winnipeg police had told Zanidean he wouldn't be charged with the arson in Swift Current without proper authorization, were very damaging to the Crown's case. However, despite the explosiveness of the letters, Miller failed as director of prosecutions to make sure Driskell received them, Code said.

* Stu Whitley, assistant deputy minister of justice, failed to step in and ensure the Saskatchewan letters were disclosed after Driskell's appeal was dismissed.

CODE said the failure to get these letters to Driskell's lawyers was a "monumental departmental failure" that required Whitley to step in and right the wrong.

* Winnipeg Police should have acted immediately on new evidence uncovered in a 1993 review of the original murder conviction. The review, written by Chief Jack Ewatski (then an inspector) and Insp. Bob Hall uncovered new evidence, some of which was unknown to the Crown.

CODE said Ewatski and Hall were duty-bound to write an official police report about their findings, and disclose it to the Crown. Once in an official report, it would have disclosed to the defence.