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Inquiry urged not to rely too heavily on hindsight

Tuesday, October 31

  • By: Dan Lett
  • Organization: Winnipeg Free Press

The judicial inquiry examining the wrongful conviction of James Driskell should not rely too heavily on hindsight when judging police and prosecutors involved in the case, a lawyer for the Winnipeg Police Service said Tuesday.

On the second of three days of final submissions at the Driskell inquiry, lawyer Kim Carswell cautioned inquiry commissioner Patrick LeSage to not impose current standards when determining fault with anyone involved in Driskell’s case.

Carswell said there are new rules for disclosure of evidence to the defence, and new structures and techniques employed at the Winnipeg Police Service.

“While it would be very easy for us to stand here and judge the actions of the individuals by the standards of today, I submit it would be entirely unfair to do so,” Carswell said.

On Monday, Michael Code, the inquiry’s chief counsel, told LeSage that he believes police and prosecutors failed profoundly in their duties to disclose evidence that could have been used by Driskell at trial and appeal.

Starting Tuesday and continuing Wednesday, lawyers for the police and prosecutors involved in the case get their last chance to respond before LeSage begins writing his final report.

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That report is expected to be provided

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