Winnipeg Free Press

Winnipeg Free Press (Newspaper) - August 10, 2006, Winnipeg, Manitoba B2 City Winnipeg free press thursday August 10, 2006 warrant kept key witnesses from fleeing Crown did to disclose that lawyer by Nick Martin j Ames Driskell a defence was Hurt by the crowns failure to disclose that four key witnesses at his 1991 murder trial were under a special War rant to prevent them from fleeing the province Driskell a lawyer charged yesterday. Manitoba a Crown and police see Noth ing wrong in not disclosing vital Evi Dence and information to defence lawyers Greg Brodsky told the inquiry into Driskell a wrongful conviction for the 1990 murder of Perry Dean harder. The main problem is people did to seem to think Don to seem to think that its wrong Brodsky said. Brodsky said it would have been significant to know that at least four wit Nesses against Driskell were under a material witness warrant ? a Legal device giving police control Over wit Nesses Likely to flee he said. Brodsky said he Learned Only last week that Winnipeg police arrested key wit Ness Ray Janidean in Calgary on May 26, 1991, and brought him Back to Winnipeg under a material witness warrant 16 Days before he testified at Driskell a murder trial. There has to be a basis to restrict someone a Liberty if that person is not facing charges most Likely that the wit Ness will flee said Brodsky. He did not know at the time of the trial that the police had material witness War Hurt she said. It seems like such a useless step we had to wait for.?. ? with file from Jen Skerritt rants for other key witnesses including John Gumieny and Brothers Ash if and Shafik Kara. It Only applies to someone who a run Ning away. They pull that Leash ? its a continual reminder who a in control the police said Brodsky. Brodsky said the withholding of information by the prosecution was not just a problem for Driskell but is a prob Lem for other people facing criminal charges in other cases in Manitoba. Brodsky said that had the Crown not withheld extensive information ? especially that Janidean was cutting a Deal for immunity on a Swift current arson in return for his testimony against Driskell ? he could have better defended Driskell at his 1991 trial or far better pursued a 1992 Appeal that Driskell lost. Driskell spent 12 years behind bars for harder a murder. He always maintained his innocence. Four years ago Driskell a conviction was quashed by the Federal Justice department after Dan tests proved hairs used to convict him were not harder a. Police often decide not to put in writ ing information they Don to want to turn Over to the defence Brodsky told the inquiry. I did to think the Crown would do that. These Are honourable people ? some of them Are my Brodsky said George Dangerfield the Crown who prosecuted Driskell was usually better at disclosure than most crowns. And Brodsky echoed other wit Nesses who assumed that the late Bruce Swatski continued from Page b1 fast Forward to August 2006. Driskell a conviction has been quashed by the Federal Justice min ister and now an inquiry into certain aspects of his wrongful conviction is unfolding at a glacial Pace in a downtown meeting room at the Winnipeg convention Centre. If events go As planned today Swatski will be on the witness stand to explain in Public for the very first time his decision to keep the review report from Public View for so Many years. It would be an under statement to say that Swatski has some explaining to do. While Swatski has never commented on the findings of the report other credible sources have weighed in on its probative value. Associate chief Justice Jeffrey Oliphant of the Manitoba court of Queens Bench will go Down in history As the Man who ultimately unlocked the secrets of the report when he ordered it released As part of a bail application launched by Driskell a lawyers in november 2003. The revelations in the report included. Confirmation a Crown witness had committed perjury at Driskell a trial. That police arranged for witnesses to receive crime stoppers rewards after giving statements incriminating Driskell. That police had Likely inserted Miller then Manitoba a director of prosecutions would Tell Dangerfield every thing he knew. Brodsky agreed with Douglas Abra the lawyer for Millers estate that Miller was ethical trustworthy and had integrity. Abra pointed out that Janidean Shan doers retired homicide sergeants Albert Paul and Tom Anderson have testified that Miller told them he a made an immunity Deal for Janidean but ordered them not to Tell Janidean until after he a Ken Gigliotti / Winnipeg free press Carol Chartrand left Mother of Matthew Dumas and Jessica Paul sister of the slain teen held a news con Ference last fall after police were first cleared in the shooting death of Matthew. Report continued from Page b1 my immediate reaction was that i want surprised and i just got angry again Paul said. If so Many people believe that something else could be been done How come they can to see that How come they can to say that or admit that the Calgary review is not the end of the review process which was set up following the 1988 police shooting of . Harper. The Calgary and City police homicide unit reports have been turned Over to the Manitoba a Justice department and will be forwarded to an Ontario Crown attorney for an Independent Legal Opin Ion on the Dumas matter. City police had told the family no criminal charges were going to be Laid against the officer who shot Dumas according to the family. But in a statement yesterday eats i said no final conclusion has been released on whether charges will be Laid. It would be inappropriate for police to make any final conclusions prior to the completion of a review by the attorney Jake continued from Page b 1 the dogs Are trained to Root out narcotics firearms currency and agriculture products that could contain harmful pests and diseases. Jakes specially was sniff ing out drugs ? he can identify the scent of 12 Dif Ferent contraband sub stances ? and he a been credited with some pretty significant busts during his career. A few years Back he aided in the seizure of near if its determined by the attorney general that charges Are to be Laid those charges have to be dealt with in the courts before an inquest is held. If no charges Are to be Laid the province can set an inquest Date immediately. It will be held before a provincial court judge and coordinated by an Independent Crown attorney. Pollock said because of the review process its Likely the inquest will be held More than two years after Dumas was killed. Dumas 18, was shot and killed in Winnipeg a North end after he allegedly threatened an officer with a screw Driver. Police at the time said they had been chasing him and other youths because they were suspects in a robbery in Elmwood about an hour before. It was later revealed Dumas was never a suspect in the robbery but had bolted from police who wanted to question him. Officials close to the Case have said Dumas was shot when he ignored repeated orders to drop his weapon. The Dumas family have said police told them the officer who has not been named shot Dumas from three feet away bracing himself on a Snowbank As Dumas raised his arms with the screwdriver in his right hand. His death prompted cries of racism from some aboriginal leaders com paring it to harpers death 17 years earlier. Harper was killed in a scuffle with the late const. Robert Cross. Cross who was looking for a Young car thief had stopped Harper As he walked alone on Logan Avenue. The family and their supporters which include the Southern chiefs organization also demanded a Public inquiry to examine if police could have handled the situation differently and spared Dumas life. An inquiry has the Power to assign blame whereas an inquest which is the most Likely step in the Dumas Case ascertains facts but does to assign blame. The Dumas family and chiefs also said police should not be allowed to investigate themselves in fatal police shootings. That task should be done by an Independent Agency. Paul said she would have had More respect for the outcome of the report had it not been completed by a fellow police organization and pointed out the family is upset they Are not allowed to see the actual document. Everyone a angry and everyone sly 23 kilograms of hashish with a Street value of nearly $600,000. And More recently his powerful sniffer helped agents uncover nearly 700 ecstasy pills Worth $28,000. Jake was trained As a Pas Sive Detector dog meaning he simply sat Down beside the source of the Contra band odour and looked Over to his handler. Everyone on line is Usu ally clapping when they see him working ? except for the Guy he a sitting in front of Connie said with a laugh. Each time Jake found drugs he was rewarded with his Favourite toy Usu ally something Plush and squeaky. He knows that when i smell this i get some Lov ing she said. Without him a lot of drugs would to have been found Connie said. In the Airport about 98 per cent of his finds Are in Peoples underwear she said. He finds them even if there a no indication to us someone is carrying an illegal substance. He a also a big deterrent. People know he a the dog has won numer Ous awards As Well including first place at the 2003 Canadian police canine Tri als in narcotics detection. The popular Detector dog has also visited numerous schools in the City and has thrilled kids with a variety of demonstrations. This morning there a a retirement sendoff for the special dog at 10 . In the airports observation lounge. No word on whether Jakes getting a Gold Bone. incriminating facts into some wit Ness statement. That Winnipeg police offered an unauthorized immunity Deal for pending arson charges in Saskatchewan in Exchange for Testi Mony from a key witness. Oliphant said the report contained new evidence some of which was highly embarrassing for the police. Oliphant concluded the report was relevant to Driskell a efforts to prove his innocence. In the face of this and other Credi ble assessments of the report Swatski a testimony at the Driskell inquiry is highly anticipated. Will Swatski will finally agree there was something in his report that would have could have helped Driskell or will he stick to his guns and insist there is nothing in the report of any value the stakes Are very High for wit Nesses at the Driskell inquiry. Com missioner Patrick Lesage has been Given the authority to recommend professional sanctions or criminal investigation of anyone found to have wilfully withheld evidence in this Case. Swatski once asked those who asked for the harder murder report to Trust him when he said there was nothing in it that would help Jim Driskell. Now that others have viewed the report and have generally disagreed with Swatski a assess ment Lesage will need to hear directly from the police chief about Why he steadfastly refused to release the report. testified against Driskell. Is there any Way in the world you can see that Bruce Miller would give instructions of that nature to those police offi cers asked Abra. Replied Brodsky no. He the inquiry continues this morning with Brodsky on the witness stand. Winnipeg police chief Jack Swatski is expected to begin testifying this morning. getting Tough halted racing . Mountie tells How strategy worked by Carol Sanders there is a Way to put the brakes on Street racing but it takes modified think ing says an expert from .?s lower Mainland. Ramp corp. Rob Quilley from Rich mond told the International association of Auto theft investigators conference in Winnipeg yesterday that it took City Hall police business and the Public working together to slow the illegal and often deadly sport which has killed three people in Winnipeg in the last two years. When complaints started piling up in Richmond in 1997, police swooped Down on the racers when they congregated he said. We scared them All away but the Street racers would just go somewhere else said Quilley. We chased them All Over the place then we became Semi proactive he said. Flood streets City water trucks would flood the streets where the racers met. City Engi neers designed Concrete medians for straight two Lane streets forcing traffic to slow and move to one Side in each direction deterring drag racing. The racers attempt to elude the crack Down spawned hat racing ? where racers would to know where the finish line was until they got a Call from the person holding the hat with the Cash prize. Dozens of racers went ripping though residential areas in every direction to avoid police resulting in traffic hazards All Over the place said Quilley. It was the death of ramp const. Jimmy no in 2002 by a Street racer that put the Nail in Street racing a coffin in Richmond Quilley said. The car was travelling at 160 Kilometres per hour when it to boned no a ramp Cruiser. The City gave the police $250,000 for undercover vehicles and equipment like radar sets and Spike belts to go after the racers. They dedicated Over time shifts to go after the racers. Police took a Zero tolerance approach to illegal vehicle modifications and were towing away six or seven cars a night and issuing dozens of tickets for any thing including having turn signal lights that were Blue instead of red he said. The Richmond ramp were feared said Quilley. There have been no deaths since 2002? in Richmond said Quilley. ;