Driskell report slams police, prosecutors

An inquiry's reportintothe James Driskell caseblames Winnipeg police and prosecutors for his wrongful murder conviction, saying "what happened in this case is just plain wrong."

'Mr. Driskell is innocent in the eyes of the law.' Attorney General Dave Chomiak

Driskell, 48, spent 12 years behind bars, convicted offirst-degree murder in 1991after hisfriend Perry Dean Harder was found shot to death in Winnipeg.Driskell always maintained his innocence and his conviction was eventually quashed by the federal justice minister.

The inquiry's final report, released Thursday, says the jury in Driskell's trial was "seriously misled" on issues including the reliability of a key Crown witness. The report also said the failure of the Crown to disclose information to the defence was "careless indifference."

The inquiry's commissioner, former Ontario chief justice Patrick LeSage, said in the report that members of the Winnipeg Police Service failed to relay important information to Driskell's lawyers before, during and after his trial.

LeSage also said Winnipeg police Chief Jack Ewatski contributed to the miscarriage of justice by not releasing a report that he prepared as an inspector in 1993 once he became chief in 1998. That report contained information that raised doubts about Driskell's guilt, but it was not made available to Driskell's lawyers for a decade.

Ewatski has announced he will retire in August.

The report does not suggest that anyone should be charged criminally for what happened to Driskell. It includes 21 recommendations: 10 apply to the province, three to the province and the Winnipeg Police Service jointly, three solely to the Winnipeg Police Service, and several others that apply to other jurisdictions, including the federal government and the judiciary.

'The system failed'

The province announced it has accepted the recommendations "in their entirety."

"The public reasonably expects, and is entitled, to a fair trial. Mr. Driskell did not receive one in 1991," Attorney General Dave Chomiak said.

"The system failed, and for that, I publicly apologize to Mr. Driskell on behalf of the province and all those who have been found to have contributed to this wrongful conviction. Mr. Driskell is innocent in the eyes of the law. I have conveyed that to him this morning in a personal conversation I had with him."

Driskell has filed a $20-million lawsuit against high-ranking justice and police officials.

The report recommends the province consider the claim for compensation. Provincial officials said they would immediately give Driskell a $250,000 payment as a show of good faith while other compensation issues are resolved.

Other recommendations to the provinceinclude:

• Conducting an external review of cases prosecuted by the Crown attorney in this case, George Dangerfield, where claims of wrongful conviction have been made.
• Revising policy to ensure direct indictment is used only in exceptional circumstances.
• Extending pre-trial disclosure policy to include post-trial disclosure.
• Revising policies to ensure that all benefits requested, provided or discussed with key witnesses be recorded and disclosed.

In 2005, Irwin Cotler, then Canada's justice minister, quashed Driskell's first-degree murder conviction after he had served more than 12 years in prison. He had been free on bail since 2003 while the Justice Department reviewed the case.

The Manitoba government then stayed the charges against Driskell, saying it wasnot likely Driskell would be convicted again. The stay keepsDriskell out of prison but does not officially exonerate him in the eyes of the law.

The inquiry report recommended eliminating the practice of using a stay in such cases, rather than withdrawing charges.

"The entry of a Crown stay does leave residual stigma and is not a satisfactory final remedy," LeSage wrote.

He also recommended the federal government take part in a study to examine how a declaration of factual innocence could be made in such cases.

Driskell says report could help other wrongful convictions

At a press conference after the report's release, Driskell said his life has and continues to be a struggle, but the report will help put these things in the past.

'There's guys inside that shouldn't be there, and they're going to be watching all the news that comes out and their fight goes on.' James Driskell

Driskell says he was pleased to have received an apology from the justice minister, and he was happy with the conclusions of the report.

"The one that struck me the most was the fact that he recommends more reviews of Dangerfield's cases. And the fact that Jack Ewatski did withhold, since '98, information that could have helped me," Driskell said.

"There's guys inside that shouldn't be there, and they're going to be watching all the news that comes out and their fight goes on."

Driskell said he was caught off-guard by the $250,000 payment, adding that for him, the battle has never been about money.

He said it is now time to move on with his life; he plans to move west and carry on "one day at a time."

Police toexamine notebook, disclosure policies

At a press conference after the report was released, Winnipeg Mayor Sam Katz expressed regret about what Driskell went through.

'James Driskell did not receive a fair trial and I wish to express my sincere regrets to Mr. Driskell for this.' Winnipeg Mayor Sam Katz

"I fully recognize and respect the importance within our democratic society the right of an accused to be presumed innocent until found guilty and to have the right to a fair trial," Katz said.

"James Driskell did not receive a fair trial and I wish to express my sincere regrets to Mr. Driskell for this."

Katz said the Winnipeg Police Service strives to uphold the law, and does its best to balance the desire to put criminals behind bars with the rights of accused to be treated fairly.

City officials said they would implement three of the recommendations that apply to the Winnipeg Police Service, including revising its notebook policy to ensure complete and detailed notes are taken and given to the Crown attorney.

A fourth recommendation to the police that it expand its disclosure policy to include post-conviction disclosure will be studied by the service, with a report expected in three months.