[ql06] PUBLIC:Williams changes powers of inquiry
- From: Sheldon Erentzen <sheldon.erentzen@xxxxxxxxxxxx>
- To: QL'06 newslist <ql06@xxxxxxxxxxxxx>
- Date: Tue, 28 Oct 2003 17:33:03 -0500
Stan Corbett once mentioned this case in class as an aside.
The previous power of this inquiry represented a token nod to mistakes
made by Newfoundland's justice system. It had no power to conduct
anything close to a thourough investigation.
Something I find curious is the silence of victim's rights groups in
cases such as these. Innocent victim's of wrongful prosecution have been
seriously wronged by the justice system. To me this is as much a
victims's rights issue as when a convicted individual gets off lightly
for a particularly heinous crime. The fact that the state is the
perpetrator doesn't make the innocent victim any less of a victim.
Williams changes powers of inquiry
Review of wrongful murder convictions gets increased scope in Newfoundland
By KIRK MAKIN
JUSTICE REPORTER
Tuesday, Oct. 28, 2003
Newfoundland premier-designate Danny Williams has agreed to change the
powers of a continuing inquiry to enable the probe to uncover the root
causes of three wrongful murder convictions.
Announcing the move before he even takes office, Mr. Williams may have
defused a controversy surrounding the inquiry by former chief justice of
Canada Antonio Lamer.
"My primary objective is to restore the public's confidence in the
judicial system," Mr. Williams said in a news release. "That can only
occur through a thorough and proper commission of inquiry."
The announcement was enthusiastically received by Jerome Kennedy, a
lawyer for two of the men -- Ronald Dalton and Greg Parsons.
"We have to find out how three men were wrongfully convicted of murder
in a province this size in a period of six years," Mr. Kennedy said
yesterday. "Mr. Williams's approach appears to be that if there is a
problem, let's identify it and correct it. At this point we cannot ask
for more." He said that Bill Collins, a lawyer for the third man --
Randy Druken -- echoed his views.
"The premier's comments and the fact that he could find the time to deal
with this issue within a week of coming off a long election campaign
gives me great hope that, with leadership like this, steps can be taken
to restore faith in the justice system," Mr. Kennedy said.
Shortly before the inquiry commenced last month, Mr. Kennedy wrote an
angry brief to Mr. Lamer to say that his inquiry could become a
"whitewash" aimed at shielding those who are to blame.
Mr. Kennedy accused the province of cunningly neutering the
commissioner. He said the inquiry had no hope of meeting the standards
set by previous inquiries into the wrongful convictions of Donald
Marshall, Guy Paul Morin and Thomas Sophonow.
His chief complaint was that the terms of reference prevent Mr. Lamer
from treating all three as wrongful convictions, and impeded him from
making recommendations which go to the heart of systemic failures.
Mr. Kennedy said he had pinned his hopes on Mr. Williams winning the
provincial election. As a successful lawyer, he said, Mr. Williams knew
first-hand the emotional and psychological costs of being charged with
murder.
Mr. Dalton spent eight years in prison for murdering his wife before he
was acquitted at a retrial. Forensic evidence pointed toward her having
choked on cereal rather than having been strangled.
Mr. Parsons was acquitted of murdering his mother after DNA evidence
showed another man was the killer. Mr. Druken's 1995 conviction for
murdering his girlfriend was stayed by the Crown two years ago after the
Newfoundland Court of Appeal ordered a retrial because a key witness had
lied.
Mr. Kennedy said the province has yet to concede the "factual innocence"
of Mr. Dalton and Mr. Druken -- notwithstanding the fact that Mr. Dalton
was acquitted by a jury on the basis that his wife died accidentally,
and a complete absence of evidence linking Mr. Druken to the murder of
his girlfriend.
Rather than providing an opportunity for the three men to have their
names cleared publicly, he said, establishing their innocence would not
even be a part of Mr. Lamer's mandate.
Mr. Lamer has already raised some questions about his terms of
reference, and Mr. Williams encouraged him to raise more.
Mr. Kennedy alleged that the previous government was hoping to keep a
lid on information that could increase its liability in lawsuits the
three men have launched.
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