AMAZINGLY CROOKED CANADIAN JUSTICE

James Driskell has recovered his innocence. Now he's looking for accountability. The 46-year-old Winnipeg man spent more than 12 years in prison because forensic scientists made mistakes and witnesses lied. And for more than a decade, Manitoba prosecutors concealed evidence that two key witnesses were paid more than $80,000 and given immunity and housing deals in exchange for testifying against him at his trial.

Driskell always insisted he was innocent of the 1990 murder of his friend, Perry Dean Harder. Yesterday, his case took what his lawyer described as an "exhilarating" turn, when federal Justice Minister Irwin Cotler quashed Driskell's first-degree murder conviction and ordered a new trial, saying "a miscarriage of justice likely occurred." Cotler went on to detail repeated and "serious" breaches of the Crown's duty to disclose evidence in the case. The two key witnesses "likely committed perjury" but that was never disclosed to Driskell's lawyers, he said. And a DNA test has discredited hair evidence that was at the heart of the Crown's case.

Almost immediately, Manitoba Attorney General Gord Mackintosh announced the province would not re-prosecute and was instead staying charges against Driskell and setting up a public inquiry. Hobbling on a leg broken in five places — a mishap that occurred during an auto repair — Driskell, a father of eight, said he was "shocked" everything came to such an abrupt end. But the questions have really just begun.

"I'm glad it's over, but my main concern still remains that I'd like to see someone accountable for this, because I've spent the last 15 years being told I have to be accountable — I have to admit this, I have to admit that," Driskell told the Star in an interview from Winnipeg. "Now that the whole, general public knows there was information hidden and stashed in the corner somewhere and not turned over to defence lawyers, someone has to be answerable for that," he said. "It hasn't only happened in my case. It goes back to Tommy Sophonow, David Milgaard and Guy Paul Morin."

Mackintosh said he's also looking for accountability. "These are very difficult matters and this is very troubling and disturbing," he told the Star. "And yet, you know, the positive aspect is there have been revelations in this case that can provide justice." Mackintosh said he will be considering the names of potential inquiry commissioners over the next few weeks and consulting with the Toronto-based Association in Defence of the Wrongly Convicted on the terms of reference for the probe.

Depending on the timing, it could mean three inquiries will be running simultaneously into miscarriages of justice in Canada. An inquiry is currently underway in Saskatchewan into Milgaard's 1969 murder conviction and another is examining three wrongful murder convictions in Newfoundland. It will also be at least the sixth Canadian inquiry into a wrongful conviction. "It's been going on and on and on," Driskell said yesterday. "This can happen to absolutely anybody, and it seems there are no checks in place." .....

Driskell was convicted by a jury on June 14, 1991 and sentenced to life in prison, with no chance of parole for 25 years. He lost every appeal. Five years ago, he approached the Toronto-based association. "We took this case, we shook it and we won it," said James Lockyer, Driskell's lawyer and one of the group's founding directors. "We put it in the wringer, turned it upside down and all these coins fell out." The association met with Manitoba justice officials in 2000 and asked them to release trial exhibits for DNA testing. Two years later, the province agreed and paid for tests, which showed the three hairs in the van did not belong to Harder.

Lockyer and the association pressed Manitoba justice officials to disclose other evidence still sitting in government files. They discovered that Zanidean and Gumieny received "tens of thousands" of dollars in exchange for their testimony, Lockyer recalled this week. Zanidean, in particular, was paid nearly $83,000, including a $20,000 lump sum payment to move to Alberta. Manitoba justice officials also took over his mortgage payments. Saskatchewan justice department officials had urged their Manitoba counterparts to disclose the deal to Driskell's trial lawyer, Greg Brodsky. But it would be 10 years before Brodsky learned of payments or deal.....

After DNA results were obtained in Driskell's case, Driskell's lawyers obtained his release on bail, pending yesterday's decision by Cotler. Driskell had asked Cotler to review the case using his powers under sec. 696.1 of the Criminal Code and was only the second federal prisoner to be set free while the review was ongoing.

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