DRISKELL HITS BACK

I noted this case on May 24, 2005 under the heading: "AMAZINGLY CROOKED CANADIAN JUSTICE". Perhaps the judicial crooks will eventually be made to suffer some consequences this way


James Driskell and his mother have filed a lawsuit seeking $20 million in damages and compensation for the time Driskell spent in prison on a conviction that was later quashed. The federal justice minister quashed Driskell's murder conviction last March, after he had served more than 13 years in prison. The Manitoba government then stayed the charges against Driskell.

The lawsuit names 21 people, including Winnipeg police officers, the RCMP and Crown prosecutors. "Driskell has suffered loss of liberty, humiliation and disgrace. He is entitled to substantial damages. So, too, is his mother, Florence, who tirelessly championed his freedom and who also suffered damages," the suit states. Last year, Driskell said he was not interested in seeking compensation, but his lawyer says he's changed his mind. "I suspect Mr. Driskell assumed someone would say they were sorry and write him a cheque," said lawyer Harvey Strosberg. "That not having happened, the only remedy is to go to court, which he's done."

The province is planning to hold an inquiry into Driskell's case; it's expected to start this spring. The defendants in the lawsuit have 30 days to file a statement of defence. Driskell was convicted of first-degree murder in the death of Perry Dean Harder and sentenced to life in prison in 1991. Harder had been shot several times in the chest in September 1990 in Winnipeg. Police alleged Harder had implicated Driskell in a series of break and enters, but Driskell denied any involvement in Harder's death.

In 2005, then justice minister Irwin Cotler quashed Driskell's conviction, saying he believed a "miscarriage of justice" had likely occurred in the case. Cotler said he based his decision on a number of factors, including new DNA evidence that showed hairs found in Driskell's van did not belong to the victim – as the Crown argued at trial – as well as problems with key witnesses, and Crown and police disclosure of information that could have helped Driskell's defence. The Manitoba government stayed the charges, saying the Crown's case had been undermined and weakened and it was not likely Driskell would be convicted again. The stay does not officially exonerate Driskell, but means he will stay out of prison.

Report here



(And don't forget your ration of Wicked Thoughts for today)