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Memorandum
this supports | Affidavit
of Marilyn Hedlund |
Government
appeal of Judge Baynton's findings of malice
Affidavit of Donald Murray
Brown
I DONALD MURRAY BROWN of Regina,
Saskatchewan, lawyer, MAKE OATH AND SAY:
1. THAT I am a lawyer entitled
to practice law in Saskatchewan and carrying out the practice
in the employ of the Government of Saskatchewan with the title
Executive Director of Public Prosecutions.
2. THAT I am aware of the judgment
of Mr. Justice Baynton which is under appeal in this matter and
of the general nature of the facts underlying that judgment.
3. THAT my discussions with
prosecutors in the Public Prosecutions Division of Saskatchewan
Justice have convinced me that many of them consider that judgment
to constitute a change in the law or at least to create considerable
uncertainty in the law respecting what they can do as prosecutors
without significantly increasing the risk of incurring liability
for malicious prosecution.
4. THAT in particular, the
aforesaid prosecutors and myself are concerned that this judgment
effectively:
i) lowers the standard of liability
for malicious prosecution from proof of actual or constructive
malice to one of proof of simple negligence;
ii) abrogates significant changes
in the law that made it easier fpr children to provide evidence
of criminal acts by making relying on these changes to the law
evidence of malicious intent; and
iii) makes the employment of
heretofore legitimate tactical activities, such as the objection
to inadmissible evidence or to the improper questioning of witnesses,
an evidentiary basis frpm which to infer malicious intent.
5. THAT I am concerned those
prosecutors may no longer be prepared to base their decisions
respecting the prosecution of charges on whether or not the available
evidence presents a reasonable likelihood of conviction and whether
or not it appears to be in the public interest to prosecute.
6. THAT I am of the view that
the interest of the Applicant in having these particular issues
resolved is significantly different than the interest of the
individual Defendant in simply having the decision overturned.
7. That I consider it to be
a matter of importance to the administration of justice to seek
clarification respecting the issues of law in this appeal and
take this affidavit in support of the Atttorney General of Saskatchewan's
application for leave to intervene so that counsel for the Attorney
General might seek to ensure that those issues of law are fully
argued before the Court of Appeal.
Signed November 24, 2004
before a Commissioner for oaths.
|
 Truth can never be
told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell
Truth suppress'd, whether
by courts or crooks, will find an avenue to be told. Sheila Steele, injusticebusters.com
If you hold the mouth
of Truth, It will burst out its rib-cage. Somali proverb
Publisher : Sheila
Steele
Got something
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- injusticebusters
court advice :
- How to walk yourself through the justice system
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- Why you should dump your preliminary hearing (written July 1998 and still valid)
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- Sermonette:
The
Naked Truth -- (You
will find links to many more sermonettes in the sidebar on this
page
Another target
of Dueck's malice: : Wilf Hathway
Our activism
contributed greatly to the good vibes which happened around the
civil trial.
Index
to the stories on this website
This is not
regularly updated so if you are looking for a particular story
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Index to Saskatoon Police stories
This is a pretty good scrapbook
for the 1998-2002 period.
Inquiry into the malicious prosecution of David
Milgaard untanling 36 years of Saskatchewan police and Crown
misconduct: : Opening day |
2 | 3
| 4 | 5
| 6 | 7
|
- Miazga
- Carol
Bunko-Ruys exams for
discovery
- Carol
Bunko Ruys reports
- The Thompson papers
- Anita's
diary
- Ross, Ross and White
Dueck's
files
introductory comments and Dueck's Statement
as to Documents | 01
| 02
| 03
| 04
| 05
| 06
| 07
| 08
| 09
| 10
| 11
| 12
| 13
| 14
| 15
| 16
| 17
| 18
| 19
| "blood in panties"
investigation notes |
The Prosecutor's Statement
as to Documents | MacNeil
Clinic report from 1987
Sermonette
on McKillop and Quennell, the Static Duo
- False Memory Syndrome: Dr. Colin Clay, Saskatoon's malicious clergyman
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