Winnipeg Free Press

Winnipeg Free Press (Newspaper) - August 15, 2006, Winnipeg, Manitoba Driskell inquiry Winnipeg free press tuesday August 15, 2006 a5 Crown did nothing As witness lied Dangerfield admits he knew Janidean a testimony was false by Nick Martin g Eorge Dangerfield admit Ted to the Driskell inquiry yesterday that he sat by and did nothing while key witness Ray Janidean lied at Driskell a murder trial about a Deal in return for his testimony. You must have known this evidence was false commission counsel Michael code put to Dangerfield Crown attorney at the 1991 trial. Yes Dangerfield said quietly. Asked Why he did not say something Dangerfield answered i Don to know. Time after time at the inquiry into Driskell a wrongful conviction for the 1990 murder of Perry Dean harder Dan Gerfield could offer no explanation Why he had not asked his superiors for details of the Deal they were cutting with Janidean in return for his testimony. He could not say Why he had not sought out information that chief jus Tice Benjamin Hewak had ordered him to disclose to Driskell a lawyer Greg Brodsky four months before the trial. Dangerfield said he knew that Stu Whitley the assistant Deputy Justice minister and the late not harder a. Dangerfield acknowledged under questioning from code that instructions from Hewak at a pre trial hearing four months before the trial required Dan Gerfield to make full disclosure to Brod sky including whether there was any Deal being negotiated. I could to give him things i did to have said Dangerfield. Dangerfield said he accepted what police told him because i trusted Dangerfield acknowledged he did not ask for the police notebooks of homicide sergeants Albert Paul and Tom Ander son who were handling Janidean which spelled out extensive details of negotiations with Janidean. It would be my responsibility to look at them yes Dangerfield said. I did task for copies i did to Forward them Dangerfield said he told Brodsky that police files showed no motive for Janidean to testify against Driskell ? he did not refer Brodsky to Whitley and Miller who were working out a Deal for financial compensation immunity from an arson charge a new identity and Relo cation in return for Janidean a testimony. Dangerfield also acknowledged he told Brodsky that Winnipeg Bruce Miller Manitoba a police had no information on director of prosecutions i Don to the arson in Swift current were negotiating a Deal with sask., though he received a know what Janidean in return for his Tes subsequent police briefing Timony but was kept in the on it which he did not pass prompted me dark about details. On to Brodsky. Code said Dangerfield to leave that it appears you be got a should have gone to Miller fair bit of information on and found out what Janidean untouched it code said. Was offered because the Deal Whitley and Miller kept affected the credibility of the ? George Dangerfield prosecutors in Driskell a prosecutions key witness. I suppose ? i did to Dan Gerfield said. You had a duty to get to the Bottom of this and find out the True facts code said. Code said Dangerfield knew the province was buying Janidean a House As part of the Deal yet Dangerfield allowed Janidean to testify unchallenged that he was not being compensated for his testimony. I Don to know what prompted me to leave that untouched said Dangerfield. Dangerfield confirmed he had had a Yelling match with Janidean a lawyer David Kovnats at the Public safety building a week before the trial and threatened to charge Kovnats with obstruction of Justice. Dangerfield said he knew that Janidean was making demands in return for his testimony but did not ask Miller or anyone else what conditions Janidean was setting. Asked code was it not your responsibility to find out what it was and Dis close it replied Dangerfield i just did to think of it i Driskell spent 12 years behind bars for harder a murder. He always maintained his innocence. Driskell a conviction was quashed by the Federal Justice department last year after Dan tests proved hairs used to convict him were murder trial in the dark about negotiations with Janidean Dangerfield said. I was warned off ? i was told i was it going to be part of it he told the inquiry. We were not be to involved in any negotiations. It would make it difficult to Deal with him As a witness and also bargain with him. Its difficult to maintain objectivity ? we could even become witnesses in our own Case if called upon to testify about negotiations for deals in return for testimony. Dangerfield and Greg Lawlor were the Crown attorneys handling the Driskell trial but Miller handled Day to Day negotiations with Janidean and Whitley had to sign off on any agreement danger Field said. Dangerfield testified he would want to know before trial about any compensation his witnesses had ? whether financial or reduction of sentences ? in return for their testimony. Id never had that experience before that Whitley and Miller did not Tell him what Janidean was getting he said. Even though he had the office next to Millers he did task Miller about the Swift current arson Dangerfield said i took my answers from the police.?. what Dangerfield said in 1993 the following is an excerpt from George Dangerfield a response in 1993 to then Justice minister Jim Mccrae a request for a review into the James Driskell Case. The response was signed by Dangerfield. In Short the trial was fairly conducted with the defending counsel being provided with full particulars of the evidence to be called against Driskell. Nothing was kept from him. No evidence was put Forward that would be More prejudicial than probative Here i refer to comments made by harder shortly before his death which were disputed on that ground. Every care was taken to see that Driskell was Given the fairest trial pos sible. It should be remembered that much damaging evidence was Given by men Driskell regarded As friends and that he the Only Man who could did not go into the Box and refute or explain it. The articles in question Are an example of irresponsible reporting and commentary by some members of the bar and on the record what was said Exchange Between commission counsel Michael code and former prosecutor George Dangerfield about what Dangerfield knew about financial benefits paid to a key Crown witness Ray Janidean when he committed perjury at the murder trial of James Driskell code ? Janidean is saying his mortgage payments Are in arrears right now i Mon the verge of losing my Home. You can Check that and or. Brodsky Greg Brodsky Driskell a lawyer asks him a very Broad question. He asks what arrangements have you made for that and Janidean a response is i be made no arrangements for you knew from the police report at Tab 9 that moving him out of his House was part of the witness Protection arrangements. Selling the House was part of the witness Protection arrangements. Did you not Dangerfield yes. Code from the Start it just made rational sense that you had to get Janidean out of the Chelsea Avenue House because the accused and his associates knew about it. In to that Correct Dangerfield yes. Those negotiations went on Long after the trial. Code but my Point is that you would have known there were some arrangements about the House. Dangerfield yes. Code so this evidence that his mov ing expenses were not being paid that there were no arrangements about the House that he was about to lose. Surely once again this is sworn evidence before the jury. You knew enough to know that was probably false. Did you not Dangerfield yes. Code and again Why did you not Correct it on the record or make inquiries Dangerfield i Don to know Why i did to make the inquiries. Code you had a duty to get to the Bottom of this and find out the True facts and you did to do it. In to that Correct Dangerfield i Don to know what prompted me to leave that matter untouched. Code you would agree with me that its unacceptable for Crown counsel to deliberately keep himself in Igno Rance on a relevant matter. Dangerfield i was not deliberately doing any of this or. Code. Code clearly if you deliberated on it you would have realized it was false and you should have done something about it. Dangerfield yes ;