Winnipeg Free Press

Winnipeg Free Press (Newspaper) - September 27, 2008, Winnipeg, Manitoba C m y k Page a4 a 4 Winnipeg free press saturday september 27, 2008 top news Winnipeg repress. Com s Saskatoon the judge who spent years sifting through evidence in David Milga Ards wrongful murder conviction has found no professional misconduct by police or prosecutors. Justice Edward Maccallum also says an aggressive decades Long Campaign by Milga Ards Mother Joyce that suggested wrongdoing by investigators was counter productive to freeing her son. It was Joyce Milga Ards practice to attack indiscriminately anyone who had a part in her songs conviction Maccallum wrote in his 800 Page report released Friday. There was no evidence of a Frame or coverup but the allegations attracted National and International Media attention. Molgaard ended up spending 23 years in prison for the rape and murder of Saskatoon nursing aide Gail Miller. Her partially Clad body was found in a snowy Alley on Jan. 31, 1969. The supreme court threw out his conviction in 1992, and he was released from prison after the Saskatchewan government decided not to hold a new trial. He was exonerated in 1997 through Dan tests. Maccallum said the family is unprecedented Public Campaign May have eventually helped get Molgaard out of prison but it also caused resentment among police and prosecutors which proved to be a stumbling Block in having the Case reopened. Joyce Molgaard called those findings hurtful saying she still believes it was Public pressure that freed her son. When i read those i thought gee hers gone through All this and still a snot seen that if we Hadnot done All those things if i Hadnot pushed the Way i did and All the things that i did it have happened a she said. Ism sorry. I really dont regret any of my actions. I did what i Felt was necessary at the time and we got the result that we wanted which is David free. Maccallum found that police did make some mistakes including a critical error not to record two vital witness statements. But other allegations Molgaard and his supporters have made Over the years including accusations that police coerced pressured and even tortured witnesses simply were not True the judge said. Joyce Molgaard said she still believes a coverup kept her son in jail. Ive always Felt there was a coverup. Ive always Felt that even through the time of the inquiry. Nothing i saw there changed that opinion. Saskatoon police chief Clive Weighill said he respects and agrees with the findings of the inquiry. The report clearly states that the investigation practices were in accordance to the standards of the Day Weighill said in a statement. Those standards have dramatically changed Over time. The Saskatoon police service and policing in general have adopted new methodologies and technologies to substantively reduce the likelihood that someone would be wrongfully accused. Maccallum is critical of the original trial judge who mistakenly allowed the jury to hear the police statement of a witness who did not repeat the same information on the stand. Milga Ards Friend Nichol John told police she saw Molgaard Stab a girl in an Alley but would not repeat the claim at trial. The provinces Appeal court later ruled an error was made but that Molgaard had suffered no prejudice. The Saskatchewan court of Appeal was wrong Maccallum wrote. Allowing the jury to hear Johns statement was a turning Point in the trial and instrumental in Milga Ards conviction. The supreme court of Canada also refused to hear Milga Ards Appeal. Molgaard received an apology and $ 10 million in compensation from the provincial government in 1999, the same year serial rapist Larry Fisher was convicted of the crime. The inquiry which Cost an estimated $ 10 million concluded in december 2006 after sitting for 191 Days. Molgaard 56, lives in Calgary with his wife and two Young children. There Are 13 recommendations contained in the report. One of them suggests the Federal government should establish an Independent review commission to examine claims of wrongful conviction. The Only recourse to have a conviction overturned after All appeals have been exhausted is through an application to the Federal Justice minister. But Maccallum said alleged wrongful convictions should be returned to the court for further review. The finding of no professional misconduct echoes two previous reviews of the Case by the Federal Justice minister a Saskatoon police commission inquiry and a two year ramp investigation. Milga Ards supporters have rejected and questioned those investigations. Their accusations also included claims that the Crown prosecutor in the Case paid witnesses for testimony and colluded with Milga Ards defence lawyer to put Molgaard behind bars. During the inquiry the family is lawyer Hersh Wolch went As far As to say police had Tunnel vision by focusing on Molgaard As a suspect. The Canadian press editorial freeing the innocent a18 191 Marion st. 233 0697 truckload Sale on 200 Princess st. 942 1177 1 888 207 8311 1459 Regent ave. Wow. Par Pontiac. Ca hours Mon. Tue. 9 9, wed. Sat. 9 6 dealer permit # 1319 $ 3,197 cob on $ 10,000 Over 84 myths. @ 7.69%. Petro Canada Gas card. 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Please Call 612 9771 judge dumps on Milga Ards Mother inquiry report finds no coverup derides counter productive tactics i did what i Felt was necessary at the time and we got the result that we wanted which is David free Geoff Howe / the Canadian press archives David Molgaard was wrongfully convicted of murder and spent 23 years in prison. Dan tests cleared him in 1997. Geoff Howe / the Canadian press Joyce Milga Ards indiscriminate attacks received criticism in inquiry report. A _ 04_ sep 27 08. Ind a4 9 / 26/ 08 8 45 43 pm ;