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Michael's testimony at the Klassen/Kvello Preliminary hearing:

384. All references to the Preliminary hearing of Klassen/Kvello held December 2nd 1991 through to January 10th, 1992 regarding the inconsistencies of Michael Ross can be found in Book 5.

385. Volume XIII pages 1718-1719 line (102-103) Book 5, Tab 74. Michael claims that he never saw the Plaintiffs Dale and Anita do it to anyone else.

386. Cross reference: with the original occurrence report that was relied on in basing reasonable and probable cause in charging the Plaintiffs Dale and Anita Klassen on page 26, Book 1, Tab 10, where Michael claims to have been involved in the "chalk" room with all the adults at the same time.

Volume XIII Page 1727 line 163-165, Book 5, Tab 74, Michael talks about the Plaintiff Marie Klassen not being able to get around much. Michael states that he can not recall that Marie ever did anything to him.

Cross reference: page 15-16 Book 1, Tab 10. In the occurrence reports where Michael claims that the Plaintiff Marie Klassen assaulted him.

Cross reference: with the Defendant Dueck's statement in document 612-c in Dueck's statement as to documents, Book 1, Tab 12, where the Defendant Dueck writes "she was up and walking in the living room area, however when we rang the door bell or knocked on the door she immediately sat down on the wheelchair and in her dealings with her, stated that she could not walk".

Volume XIII page 1727 Book 5, Tab 74. Michael states that there was never anyone else that touched at Pam's house.

Cross reference: with the occurrence report page 12 Book 1, Tab 10. He states "that at Pam's house the same thing happened with Michael and Kathleen, there was Dale Richard Klassen and Grandpa Klassen involved in the sexual abuse and this happened in the basement of Pam Klassen's home possible at 225 Ottawa Avenue South."

Note: this was a disclosure that the defendant Matthew Miazga relies on in his reasonable and probable grounds for having the Plaintiff Richard Klassen charged with sexually assaulting Kathleen Jessica Ross.

Volume XIII Page 1730, Book 5, Tab 74. Michael states that when it happened with the Plaintiff Dennis it was always in the bedroom, and that there was no one else present.

Cross reference: with page 18, Book 1, Tab 10, of the occurrence report and Dueck states: "that in neither of these incidents with Dennis did he specifically state that it happened alone". This same evidence applies to the Plaintiff Diane as well. See same page.

Volume XIII page 1722, Book 5, Tab 74, Michael states that Ashley is still in diapers.

Cross reference: with page 192 Book 4, Tab 70, of the transcribed interview of Michael Ross where he states that: "Mikey was around four years old" and further states that Ashley was about the same age as Mikey. It should also be noted that there is no mention of diapers.

Volume XIII page 1731. Book 5, Tab 74, Michael sates that he can not remember where the Plaintiffs Rick and Kari lived.

Cross reference: with page 16 Book 1, Tab 10, of the occurrence report where Michael claims that the Plaintiffs Richard and Kari lived in an apartment near Laurie Village.

Note: according to the Defendant Dueck on page 16, Book 1, Tab 10, Michael had drawn a picture of Richard and Kari's place. This picture was never presented to the court or the defence.

Volume XIII page 1735. Book 5, Tab 74, Michael states that he never saw the Plaintiffs Richard and Kari do it with other kids.

Cross reference: considering the reasonable and probable cause the defendant Dueck and Miazga relied on in charging the Plaintiffs Richard Klassen with having committed a sexual assault on the child Kathleen Ross page 12 Book 1, Tab 10, of the occurrence report in where Michael states: "that at Pam's house the same thing happened with Michael and Kathleen, there was Dale Richard Klassen and Grandpa Klassen involved in the sexual abuse and this happened in the basement of Pam Klassen's home possible at 225 Ottawa Avenue South".

Cross reference: this with page 26 of the occurrence reports, Book 1, Tab 10, wherein Michael states that: "Dennis and Diane, Dale and Anita, Richard and Kari all taking turns with the six foster children in the basement of Diane and Dennis Kvello's in the chalk room".

Note: this is the only reasonable and probable cause that the Defendants had in charging the Plaintiff Kari with assaulting Kathy Ross throughout the occurrence reports.

Cross reference: It is also stated in the Preliminary hearing that the only abuse took place in the bedroom; there is no mention of abuse in the "chalk" room, and further states that he never saw any other adult or child touch each other. See Volume XIII page 1740. Book 5, Tab 74.

Also see: Page 1811 Volume XIV, Book 5, Tab 74, wherein Michael is asked specifically about the "blackboard room" (chalk room) and he states: that he never saw any sexual touching of any person happen in this room.

Volume XIV page 1889 of the preliminary hearing, Book 5, Tab 74, Michael testifies that the abuse by Richard and Kari Klassen happened at John and Myrna, Dale and Anita, and Pam's house.

407. Cross reference: the occurrence report, page 16 , Book 1, Tab 10. Michael doesn't state that it happened any other place than at the plaintiffs Richard and Kari Klassen's house.

 

 

Michelle's testimony at the Klassen/Kvello Preliminary hearing:

408. Volume X, page 1337. line 1007, Book 5, Tab 75, Michelle states that she saw no other child being touched.

409. Cross reference: page 27 Book 1 Tab 10, of the occurrence reports Michelle claims that she was there when two of the Mayes children were being abused by the Plaintiff Sheldon Kvello.

Volume X, page 1386 Book 5, Tab 75, Michelle states that the Plaintiffs Myrna and John have touched her.

Cross reference: with the occurrence reports and we see that there is no actual disclosure from Michelle herself, there is just that of the child Michael regarding the Plaintiffs John and Myrna.

Note: There is disclosure of a completely different kind within the Thompson notes.

Volume X, page 1425, Book 5, Tab 75, Michelle states that there was nothing that ever happened in the "chalk" room, and in fact this was a safe place.

Cross reference: Michael's previous states that the adults sexually abused him in this chalk room. It should be noted that this is the disclosure that the Defendants relied upon in basing their reasonable and probable cause in charging the Plaintiffs John, Myrna, Dale, and Anita Klassen with having sexually abused the three Mayes children. In short, the Defendants relied only on the disclosure of the child Michael in basing their reasonable and probable cause in charging these four Plaintiffs with having sexually assaulted the Mayes children.

Volume XI, page 1568 Book 5, Tab 75, Michelle states that nothing ever happened with the Plaintiffs Dale and Anita in any other home, or any other room but their bedroom.

Cross reference: page 23-24 Book 1, Tab 10, of the occurrence reports in where it is stated that: "Dale also abused Michelle at Dennis and Diane's in their bedroom, and that she further states that the abuse with the Plaintiff Anita happened in Anita's bedroom as well as her bedroom".

Volume XII, page 1588, Book 5, Tab 75, Michelle states that the only touching with the Plaintiff Pamela happened in "Grandma and Grandpa's room".

Cross reference: page 25-26, Book 1, Tab 10, of the occurrence reports and she states that it happened with the Plaintiff Pamela Klassen in the "bathroom".

Kathy's testimony at the Klassen/Kvello Preliminary hearing:

Volume VII, of the preliminary hearing Book 5, Tab 76, Kathy testifies on page 1060 that Richard and Kari Klassen abused her and that was disclosed to Dueck by her.

Cross reference: the occurrence reports Book 1, Tab 10, that were submitted by the defendant Dueck to the prosecutors, there is absolutely no disclosure made to the defendant Dueck by the child complainant Kathy Ross on the Plaintiffs Richard and Kari Klassen.

Volume VII, of the preliminary hearing, Book 5, Tab 76, Kathy testifies on page 1007 that Dennis Kvello touched her.

Cross reference: page 24 of the videotaped interview of Kathleen Jessica Ross Book 1, Tab 10, she states that Dennis Kvello never touched her.

On page 1007 of the preliminary hearing transcript Book 5, Tab 76, Kathy states that Dennis, Sherry and Sheldon touched her, she is asked if she told the defendant Dueck that these individuals didn't do anything to her, and her answer to this question was "no". She claims that she told Dueck of this abuse.

Cross reference: the occurrence reports that Dueck submitted pages 32 and 33, Book 1, Tab 10, you will see that there was an apparent disclosure on the plaintiff Diane Kvello; however it is stated that there was no disclosure directly from Kathy on the defendant Dennis Kvello.

Volume VII, of the preliminary hearing, page 1066 Book 5, Tab 76, Kathy states that the plaintiffs John and Myrna Klassen screwed her.

Cross reference: the occurrence reports page 17 Book 1, Tab 10, the only disclosure on Kathy Ross on John and Myrna Klassen is that of Michael Ross and an incident in the "Chalk Room".

Cross reference: with her videotaped interview of Kathleen Jessica Ross, page 162 Book 4, Tab 72, you can clearly see that she denies any abuse by the plaintiffs John and Myrna Klassen.

Volume VII, of the preliminary hearting page 1072 Book 5, Tab 76, Kathy states that her birth parents, Donald and Helen Ross were not friends prior to the Ross children being moved to Dale and Anita's home.

Cross reference: the occurrence reports page 30 Book 1, Tab 10, Kathy states that her parents were friends with Dale and Anita Klassen and knew each other for about two years.

She further states on page 1073 of the preliminary hearing Book 5, Tab 76, that the abuse by Dale and Anita Klassen happened at Dale and Anita's house in their bedroom.

Cross reference: the occurrence reports page 30 and 31, Book 1, tab 10, Kathy states that the abuse by Anita Klassen occurred in different rooms in the house.

Volume VII of the preliminary hearing page 1080 and 1081, Book 5, Tab 76, Kathy states that Pam abused her only once.

Cross reference: the occurrence report page 32 Book 1, Tab 10, Kathy states that Pam fingered her 136 times.

434. It should be noted that the Preliminary hearing is full of inconsistencies of Michael, Michelle and Kathleen Ross. The Plaintiffs submit that even if you disregard the fact that there was no reasonable and probable cause to have charged the plaintiffs in the first place, they certainly would not have these grounds to continue on with the prosecution of the Plaintiffs after hearing the testimony of the child complainants.

435. It can not be over emphasized that the Plaintiffs contend and can prove that they were not afforded proper disclosure prior to the Preliminary hearing. The Judge sitting was not afforded the details of these inconsistencies as he was not privy to the videos or the "Thompson notes". The only persons who would have been keenly aware of the children's inconsistencies were the Defendants. The Defendants were well aware prior to the preliminary hearing that these children were telling untruths about the Plaintiffs and when they heard for the first time the children's testimony, they should have withdrawn all the charges regarding the child complainants on all the Plaintiffs in this action.

436. The Defendants chose to carry on with their prosecution against the Plaintiffs and continued to mislead the courts throughout. The Plaintiffs claim that the Defendants deliberately did not disclose details of the children's inconsistencies because they wanted to get a plea bargain on at least one of the Plaintiffs, and could not have possibly gotten this had they revealed the real details of what the children had said.

Dueck's testimony at the Trial of Ross, Ross and White:

437. On page 684 the Defendant Dueck states that there were no further disclosures from the children and that his next involvement was in the spring of 1990. The Defendant Dueck states that he interviewed the three Ross children briefly in 1990, and that it was his understanding that Michael had been removed to the Thompson's shortly after Michael started disclosing allegations of sexual abuse. He states that at that time the girls were removed also. The Defendant Dueck states that he was unable to interview the children at that time as they were unstable and out of control. The Defendant Dueck states that he began to interview the children in the fall of 1990 and that the case was turned over to him because of a previous investigation regarding Peter Klassen Sr. and a file that was opened by Sergeant Reid.

On page 686 the Defendant Dueck states that the file was held in abeyance until the fall of 1990.

On page 686 the Defendant Dueck states that the Defendant Bunko was present when the children were interviewed.

On page 688 the Defendant Dueck states that when the interviews were completed the reports of disclosure from the children were sent over to the provincial prosecutors for determination and guidance as to their next step.

On page 688 the Defendant Dueck describes searches conducted on the home of Donald Ross in June 1991.

On page 689 the Defendant Dueck talks about photos talked about on the videos at the residence of Donald Ross, however after the searches were conducted the report shows that no such photos were found.

On page 704 the Defendant Dueck states that he did not search the home of 310 Streb Crescent. The Defendant Dueck is also asked if there are any other parts of his investigation that he had not told the court about, his answer was "no".

On page 710 the Defendant Dueck talks about social services becoming involved first, and then he became involved after..

On page 704 the Defendant Dueck states that he was unaware that Jackie Klassen (Anita Klassen's daughter) had been examined by a doctor.

On page 713 the Defendant Dueck states that Michael was disclosing misconduct in the Klassen's home at Taco-time.

On page 713 the Defendant Dueck states that Michael was the most eager to report to Dueck, he stated a few things to me at the time the girls had been removed from Klassen's because of misconduct in that home. The Defendant Dueck states that at that point Carol believed it was not appropriate to interview the children and that it should be done at a later time.

On page 715 the Defendant Dueck states that the girls disclosed shortly after Michael.

On page 721 the Defendant Dueck states that he attended sessions to raise answers as to what "dynamics" and symptoms were regarding ritual abuse. He states that he attended the sessions in the fall of 1989 and in early 1990 and in the latter part of 1991.

On page 721 the Defendant Dueck speaks of corporal Schindle interviewing Michael. The Defendant Dueck claims that this interview was not videotaped and that he felt that Cpl. Schindle did not follow procedure.

On page 723 the Defendant Dueck states that corporal Schindle's report claimed that Michael had named so many people that he wasn't sure who or what had been done to him. The Defendant Dueck is clearly upset that the Department of Social Services pushed for this interview to happen without him and that he felt they should have waited for him to return to work to conduct the interview himself.

On page 728 the Defendant Dueck speaks of the disclosures as being the main disclosures received in the interviews.

On page 729 the Defendant Dueck states that he did not search for bodies or animals because they had no way to ascertain who the missing children might have belonged to.

On page 729 the Defendant Dueck talks of Kathy giving him the name of "Kim and Rob Rose" as being the parents of one of the babies that the children claimed were killed. Kathy also gives the name Charlene and Jason as being the children of the above parents. The Defendant Dueck states that he could not come up with anything on the name Rose in Saskatchewan.

On page 730 the Defendant Dueck states that he received information from a professional who had told him that there was no use in digging up the bodies as it was this person's belief that they would be moved from place to place often. The Defendant Dueck states that he never told the children that there was no ring of truth to their statements, he just listened.

On page 731 the Defendant Dueck states that it was not his job to find out whether or not the abuse happened to the children.

On page 732 the Defendant Dueck states that he did not find any "feces" molds to corroborate the children's disclosures. The Defendant Dueck stated that he did not find any jars or containers with blood to corroborate the children's stories.

On page 734 the Defendant Dueck states that no search warrant was obtained on Anita Klassen because there were no implications of ritual abuse. It should be noted that the Defendant Dueck then goes on to state that the reason he may not have found any jars of blood is that the children had claimed that they were taken over to the plaintiffs Dale and Anita Klassen's home.

On page 738 the Defendant Dueck quotes Michael as saying "now that I know I'm safe I've got lots to tell you about sexual abuse."

On page 739 the Defendant Dueck states that he received information from the Thompson's and that this information was imparted through the Defendant Bunko-Ruys.

On page 749 the Defendant Dueck talks of a time where he stopped by Carol's office to talk to the kids while Carol was in sessions with the children.

On page 750 the Defendant Dueck states that Sgt. Hanson and Sgt. Hitchings were involved in interviewing the children in September 1987.

On page 750 the Defendant Dueck states that as a result of Michael's disclosure's his sister's removed from the plaintiffs Dale and Anita Klassen's foster home. On page 38 of the transcript the Defendant Brian Dueck states that the Defendant Carol Bunko was assigned or hired by the Department of Social Services to deal with the Ross children as a "therapist". The Defendant Dueck goes on to state that the Defendant Carol Bunko also worked with the investigation.

Dueck's testimony at the Preliminary Hearing of Richard Klassen:

On page 66 the Defendant Dueck states that he believed the allegations against the plaintiffs but that he was not the one who filed the charges. The Defendant Dueck also believed Michael when he disclosed about sexual activity between him and his sister's.

On page 67 the Defendant Dueck states that the Defendant Carol Bunko knew that Dueck believed the allegations.

On page 66-67 the Defendant Dueck states that he was hearing the allegations from the Defendant Carol Bunko as well as from Michael himself.

On page 68 the Defendant Dueck claims to have a lot of experience in dealing with sexually abused children.

On page 72 the Defendant Dueck states that he was the only investigator involved on this file.

On page 75 a Defendant Dueck states that to some extent he investigated other accused persons who were not subsequently charged but that it was on the advice of our "Prosecutors" who had gone through the files and disclosures and it was decided that they would concentrate on where to go to begin with.

On page 75 Kathy Ross tells the Defendant Dueck that she does not like what Michael is doing to her.

On page 76 Kathy describes some other things done to her by Michael involved a knife.

On page 76 Kathy describes an incident involving tying her up.

On page 78 the Defendant Dueck describes that he was involved in a discussion regarding the merits of moving Michael from the home of the Thompson's. He states that he believes that the Defendant Carol Bunko, the Thompson's and himself was at this meeting.

 

On page 78. The Defendant Dueck describes Michael as the most disturbed boy he had ever encountered. The Defendant Dueck also discussed at this meeting that there was a possibility that Michael would be charged with a sexual offence if he continued after the age of 12.

On page 79 the Defendant Dueck states that Michael was the kind of child who should not be left alone with other children in a room unsupervised.

On page 79-80 the Defendant Dueck remembers Kathy telling him about violent sexual act's happening to her in an interview and that he suggested he was happy that Michael was getting help with his problem "touching problem".

On page 80 the Defendant Dueck states he would not call rape, sodomy or torture a touching problem if it involved anybody older then a 10-year-old boy. The Defendant Dueck goes on to state that the main focus regarding Michaels "touching problem" was why he was doing this, and what can be done to stop him and what can be done to heal him.

On page 83 the Defendant Dueck states that he saw the Defendant Carol Bunko on numerous occasions.

On page 83 the Defendant Dueck states that he was the only officer involved in the whole year and a half investigation.

On page 84 the Defendant Dueck does not recall leaving Michael and Kathy alone in the same room.

On page 91 the Defendant Dueck states that he was present at a meeting discussing Michael's sexual behaviors with his sisters and states that the Department of Social Services, Carol Bunko and he were present and that as a policeman he felt he could do nothing in terms of this boy.

On page 91 the Defendant Dueck states that he was finished with the file after the charges were laid against the accused in 1991.

Dueck's Testimony at the Preliminary Hearing of John David Lucas:

The Defendant Brian Dueck testified on page 283 that he first became aware of a pending investigation in late 1989. The Defendant Dueck testified that he became more involved in the spring of 1990 and that the disclosures of the children came mainly in the fall of 1990.

On page 286 the Defendant Derek testified that he was contacted by the Department of Social Services.

On page 287 the Defendant Dueck spoke with a social services representative and was assigned the case by his staff Sgt.

On page 294 the Defendant Dueck testified that he was not asked to do anything about the Klassen case in 1989.

On page 295 the Defendant Dueck states that his preliminary investigation started in the spring of 1990.

On page 296 the Defendant Dueck states that it is his belief that the Department of Social Services would have imparted any knowledge they may have had about the children to him.

On page 297 the Defendant Dueck states that he talked with the Defendant Carol Bunko-Ruys one or more times a week and that she provided information to him.

On page 298 the Defendant Dueck says that he first met the Thompson's in the fall of 1989, and that they imparted information to him.

On page 299 the Defendant Dueck states that he had contact with the Ross children as far back as April of 1990.

On page 300 the Defendant Dueck claims that he submitted his report to his staff Sgt. and that he further submitted it to the prosecutor's office.

On page 327 the Defendant Dueck states that he received the McNeil report in the latter part of 1990.

On page 328 the Defendant Dueck states that he was given some information about Michael inserting a butter knife into the vagina of his younger sister, he states that he was given this information at the time of the interviews of the children.

On page 329 the Defendant Dueck states that he was aware that Michael had a propensity to touch girls in a sexual manner, he was also aware that Michael was a cross-dresser.

On page 331 the Defendant Dueck states that he had read some of the Defendant Carol Bunko-Ruys reports. One should note that the defendant Dueck had in his possession the Community Child Care Consultant reports of Carol Bunko-Ruys regarding the three Ross children.

On page 332 the Defendant Dueck states that he was not sure why Michael was taken out of the plaintiffs Dale and Anita Klassen's foster home.

On page 333 the Defendant Dueck states that Michael started attacking his sister's around the time of the interviews.

On page 334 the Defendant Dueck states that he was told about Michael having sex with the Thompson dog "Pansy".

On page 334 the Defendant Dueck states that he was told that the safety measures that were put in place to keep Michael from his sister's were not working.

On page 335 the Defendant Dueck states that he was aware that Michael had threatened to runaway from the Thompson home several times. The Defendant Dueck also states that he was aware that Michael was threatening Kathy Ross.

On page 336 the Defendant Dueck states "if Michael intended to abuse Kathy it would be classified as violence".

On page 336 the Defendant Dueck states that Michael admitted to him that he sexually abused Kathy.

On page 337 the Defendant Dueck states that Carol had told him that the purpose to keep the kids together was for group therapy.

On page 337 the Defendant Dueck states that he knew that Michael and Michelle had forced Kathy to have sex.

On page 338 the Defendant Dueck states that he was told of the rape of Kathy by Michael and by Marilyn Thompson.

On page 339 the Defendant Dueck states that he was not aware of an "office visit" where Kathy and Michelle were left alone in the office with Michael wherein Kathy and Michelle were assaulted by Michael.

On page 340 the Defendant Dueck admits to knowing that Michael had problems of a sexual nature in school. The Defendant Dueck also states that he knew Michael had asked Marilyn Thompson to hide her knives in case he (Michael) used them on her. He states that he recalls threats in where Michael and Michelle pulled Kathy into a bedroom and threatened to use a gun on the Thompson's.

On page 343 the Defendant Dueck remembers Notes (Thompson Notes) regarding the Kathy rape incident.

On page 348 the Defendant Dueck states that screwing didn't necessarily mean intercourse to him. It should be noted that in the occurrence reports the Defendant Dueck refers to touching in relation to the plaintiff Dale Klassen as meaning anal intercourse. See page "12" of the occurrence reports. Book 1, Tab 10.

On page 350 to the Defendant Dueck states that he was absolutely concerned about the children acting out.

On page 351 the Defendant Dueck states that he discussed with the Department of Social Services and the Defendant Carol about what to do or should be done with the children.

On page 356 the Defendant Dueck states that there was no suggestion that the children were going to do the same things if they were put back together.

On page 359 the Defendant Dueck states that he never felt he was exposing the children to any danger.

On page 360 the Defendant Dueck expresses concern about the children's conduct.

On page 360 the Defendant Dueck says that the Thompson's were in charge of the children's behavior and that they cared if the kids were being harmed and that this is why they were not removed.

On page 361 the Defendant Dueck states that he was not involved with Michael when he was moved from the plaintiffs Dale and Anita Klassen foster home in 1989.

The Examination for Discovery Evidence of the Defendant Brian Dueck

518. The Plaintiff Richard Klassen examined the Defendant Brian Dueck on the 10th day of September, A.D. 2002. The Defendant Dueck was examined by Robert Borden on July 12th, 2002. Both examination transcripts are on the court file.

519. The Defendant Brian Dueck testified at his examination for discovery after watching an interview of Kathy that he conducted in 1990, that there was absolutely no evidence on that video that would justify a charge against the Plaintiff Richard Klassen and/or Kari Klassen. SEE page 36-43 Examination of Dueck dated September 10th, 2002. He testified that it was not his preference to have the Plaintiff Richard Klassen and/or Kari Klassen charged with sexually assaulting Kathy Ross. The Defendant Brian Dueck testified that it was not his idea to have these two Plaintiffs charged with an offense against Kathleen Ross.

The Defendant Dueck states that he recalled the Defendant Matthew giving him a list of the accused to be charged, and that his only involvement in the laying of the charges against the above two Plaintiffs was that he signed the information dated July 6,1991. Page 140 Examination of Dueck dated September 10th, 2002.

This evidence is not consistent with the evidence of the Defendant Matthew Miazga who claims that it was the Defendant Brian Dueck who charged Richard and Kari. See page 30-31 examination of discovery of the Defendant Matthew Miazga dated 21-23rd of October. Mr. Miazga states that he does not know what the reasonable and probable cause would have been for charging the Plaintiffs Richard and Kari Klassen.

The Defendant Dueck had little to no training in interviewing children in child abuse cases: See page 62 of the examination of Brian Dueck held by Richard Klassen Dated September 10th, 2002. This is part of the court record.

The Defendant Dueck relied only on the children's disclosure as his reasonable and probable cause. Page 22-23. Examination of Brian Dueck held by Richard Klassen Dated September 10th, 2002.

The Defendant Dueck states that he had care and control of the file at the time that Ron Schindle interviewed Michael Ross, and states that he knew of the Schindle report and that Michael's credibility was a concern for Cpl. Ron Schindle. Pages 107, 112. Examination of Brian Dueck held by Richard Klassen Dated September 10th, 2002. This is part of the court record.

The Defendant Dueck states that he believes that Michael was removed from the Plaintiffs Dale and Anita because he started acting out after Peter Klassen Sr. was charged. Page 120, examination of Brian Dueck held by Richard Klassen Dated September 10th, 2002. This is part of the court record.

The Defendant Dueck admits that he basically handled this large case on his own. Page 129 - examination of Brian Dueck held by Richard Klassen Dated September 10th, 2002. This is part of the court record.

The Defendant Dueck again states that the only reasonable and probable cause that he relied on is the occurrence reports. Page 140 examination of Brian Dueck held by Richard Klassen Dated September 10th, 2002.

The Defendant Dueck admits that he was outside the office of Carol Bunko when Michael assaulted his sisters. He states that there needs to be corroboration when someone claims that they have been assaulted. Page 162-163 examination of Brian Dueck held by Richard Klassen Dated September 10th, 2002.

The Defendant Dueck states that he did not rely on Social Services reports during his investigation. Page 128-129 examination of Brian Dueck held by Richard Klassen Dated September 10th, 2002. The Defendant Carol Bunko-Ruys states that the Defendant Brian Dueck was receiving reports on a regular basis from the Department of Social Services, and that Social Worker Liz Newton was sharing information with the Defendant Brian Dueck. Page 215 Examination of the Defendant Carol Bunko-Ruys dated September 16-19th, 2002. This is part of the court record.

The Defendant Dueck had a curbside visit with the Ross children in 1993 in where it was revealed to the Defendant Dueck that Michael was still actively sexually abusing his sisters. The Defendant Dueck states that it was not his problem, and that there is nothing that he could do about this. It should be noted that the child Michael would have been 13 at the time of this revelation and certainly could have been charged, or at the very least he could have been investigated. The Defendant Dueck knew full well that the twin sisters were not embellishing these incidents, these were real and the Defendant Dueck knew this. Page 167-168. Examination of the Defendant Dueck dated September 10th, 2002.

It should also be noted that this is the second time that the Defendant Dueck ignored a sexual assault by Michael; the first was the sexual assault in the office of the Defendant Carol Bunko-Ruys. In that incident the Defendant Dueck believed that you needed corroboration before he would believe that something happened. In the curbside visit it was corroborated by both girls in person.

The Defendant Dueck states that he dropped a file off to prosecutor Terry Hinz, left it there and did not hear back from him. Approximately one month later he was contacted by the defendant Matthew Miazga. It should also be noted that the Defendant Dueck then states that within the month that he was waiting, he requested medical reports from University Hospital and Alvin Buckwald Centre and obtained them and took them in for Matthew Miazga. See Pages 74-75, Examination of the Defendant Carol Bunko-Ruys dated July 11th and 12th, 2002 by Mr. Borden. The Defendant Miazga states that the first note on record he would have, states that he met the Defendant Dueck on June 27th, 1991. See pages 6-7 Examination of Miazga conducted by Richard Klassen dated 21-23 of October. Which are both part of the court record.

The defendant Dueck states in his examination for discovery conducted by Robert Borden, dated the 11th and 12th of July 2002, pages 157-161. The determination as to who would be charged in relation to allegations such as this would be determined as to the amount of disclosure on an individual as well as the corroboration as to such an allegation. It should be noted that within the interviews of the three Ross children, there were many disclosures made against many individuals, many of which were not charged or even investigated.

The defendant Dueck states that the allegations of the Ross children were corroborated by each others disclosure. This fact is proven to be false if you cross reference the children's interviews with the occurrence reports that the defendant Dueck submitted to the prosecutors. There are many inconsistencies within their statements and the corroboration of one child to another does not exist.

Dueck states that he did not rely on the medical reports of the Ross complainants. These reports did not provide any corroboration as to the identity of the abusers, or direct evidence of sexual abuse itself. Therefore the only evidence relied upon in charging the Klassen's and Kvello's with the Ross complainants was the disclosures from the children themselves.

Dueck states that location of the accused would be a factor charging an accused, therefore leaving one to believe that even though Dueck received more corroborated disclosure on certain individuals, the decision was made to charge people that were at a more convenient location. Dueck made the "judgment call" as to who would be presented to the prosecution in his package. The extensive list of individuals that were named by the Ross complainants was never given to Terry Hinz, the first prosecutor to see the file, nor was it given to the defendant Matthew Miazga. The defendant Dueck didn't investigate these other individuals, one being a sister to the plaintiff Anita Klassen and the Ross children's babysitter at the time that the children resided with the plaintiffs Dale and Anita Klassen.

The examination of Brian Dueck will reveal that he was at the office of Carol Bunko-Ruys when Michael was left alone. He and the Defendant Carol were outside the door talking. He testified that he had heard "chair banging" noises from inside the room while he was outside of the door. He testified that he did not kick in the door. It should be noted that I did not ask the Defendant if the door to the office was locked, I only asked why he did not kick in the door. This evidence is consistent with the letters of the three Ross children in where they describe the door being locked. See page 162-166, September 10, 2002 Examination. One should note that in the testimony of the defendant Brian Dueck in various pre-trials and trials that have taken place over the years, he has adamantly denied having any knowledge about the office visit wherein the girls were raped by their brother Michael. See documents # 71, 72a, and 73 to the statement as to documents of the defendant Carol Bunko-Ruys, Book 3, Tab 61.

He claimed that he gave a small package of occurrence reports to the prosecutors on each and every one of the accused prior to the laying of the charges. Pages 68-76. September 10, 2002 Examination.

The Defendant Dueck claims that he tried to avoid reading any of the Thompson notes prior to interviewing the children. He claimed that he did this so as not to contaminate the interviews and that his only interest in the Klassen/Kvello's was in investigating them on allegations of sexual abuse. He claims that there was never a time that he investigated the Plaintiffs in this action in relation to allegations of ritual satanic abuse. See document # 471 of the defendant Dueck's statement as to documents, Book 1, Tab 3. One can clearly see that the defendant Dueck was relying on Marilyn Thompson to keep notes on the disclosures that the children were making to her.

Document # 475 as to Dueck's statement as to documents, Book 1, Tab 5, clearly shows that there were allegations against "all" of the adults in relation to ritual and satanic abuse. This report was written by social worker/investigator Janet Matkowski and was in the possession of the Defendant Dueck (listed statement as to documents). The Defendant Dueck wants us all to believe that he was only interested in the allegations of sexual abuse against the Plaintiffs and that he did not concern himself with the children's allegations of ritual's and Satanism.

541. The fact is, the children claimed that all of the Klassen family was involved in ritual and satanic abuse; the children claimed that the Klassen family took part in the mutilation of babies, the drinking of blood, and the sex orgies that the children alleged. The Ross children also claimed that the Ross family formerly knew the Klassen family. Document # 475 as to the Defendant Brian Dueck's statement as to documents reads as follows;

542. "Disclosures include descriptions of group and individual sexual acts, ritual abuse (example: sacrifice of at least one baby which included the children participants eating body parts, mutation of animals and there ultimate sacrifice. There was also disclosures of blood ­ letting and drinking of blood, animal and human). At least three of the children disclosed that they had knives inserted into their vaginas as well as their anuses".

543. "Sexual acts including fondling of the genitals as well as vaginal and anal penetration. Some of the children revealed that they were also held in bondage as well as kept confined in small, dark spaces. All revealed that they were forced to perfrom sexual acts on adults in groups settings as well as individually".

On page 87 of the examination of discovery it reads as follows;

544. Question and you had mentioned previously to Mr. Borden that in the Klassen allegations there was no ­ you aren't looking for ritual or abuse; is that correct? That you were just looking at sexual abuse, and there was no ritual connotations or ­

546. Answer well; I can't say that I wasn't looking for it. I was ­ what I said, I believe, was that it wasn't disclosed.

547. It was quite obvious that the three Ross children named more than just the Klassen/Kvello's throughout the Thomson notes/disclosure. The children disclosed abuse to the Defendant Dueck and Carol Bunko-Ruys that other adults had abused them, and in one case the three Ross children named the babysitter of the children extensively.

It should also be noted that the "babysitter" had more of an opportunity to have abused the children then that of the Plaintiffs Richard and Kari Klassen. The children describe in some detail that the babysitter used threats and in one case a "gun" to persuade the children to have sex with her. All three children describe some sort of abuse by the babysitter yet there was never any investigation, nor was a report ever hand to the prosecution Department regarding these allegations. The disclosure of the babysitter can be seen in Miazga, Hansen, and Quinney Documents # 357-60. Book 2, Tab 49 of the Marilyn Thompson notes. Below is what the Defendant Quinney wrote about Michelle Ross. Document # 416-(7-9) of Miazga, Hansen, and Quinney documents, Book 2, Tab 52.

"Michelle. Problem, everyone she has ever met has sexually assaulted her, so it seems Grandma & Grandpa (Weyburn)."

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May 11, 2005