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A living scrapbook of injustices in progress and the tools to set them right Restoring reputations to the defamed -- Telling the truth about the undefamable October 22, 2003 |
| This case represents 5 1/2 years of work on the internet and 5 years before that where we tried to get this story to the public. Court seals and publication bans rarely serve the public interest. In this case, dishonest police, prosecutors and social workers deceived many honest officials by keeping the case secret, trusting that their unethical conduct would never be revealed. | |
"The law is only one of several imperfect and more or less external ways of defending what is better in life against what is worse. By itself, the law can never create anything better. Establishing respect for the law does not automatically ensure a better life for that, after all, is a job for people and not for laws and institutions." --Vaclav Havel
He joined the prosecutor's office two years after Terry Hinz. When Dueck took to him the case Hinz had rejected, he eagerly took it on. Was it the brood mares which grabbed his attention? Did he really believe that the Klassen family was part of an intergenerational Satanix cult? Did Dueck use his insider Mennonite heritage to persuade this prosecutor, who many acknowledge is at least normally intelligent, to pursue this case which has surely now wrecked his career? Well, no. The evidence clearly shows that Miazga thought this would be the big case which would surely advance his career. All he had to do was keep certain key documents out of the hands of the accused and make sure the court sealed all documents and placed publication bans on anyone who found out about them. The key bit of disclosure Miazga failed to give to the defence was Dueck's Information -- a 30 page document which shows the trail of the investigation and would have provided any one of the defendants with a strong suspicion that Dueck did not believe in his own case. There is nothing about brood mares in this Information. There is, however, misleading information: for instance Dueck uses information from a dead man (Hugh Stonechild Beck), claims that Michael Ross was removed by Social Services from the home of Dale and Anita Klassen because of some impropriety on their part when, in fact, Dale and Anita had demanded his removal, a police record of a Marie Kassen who was not born in the same year or place as the mother of the Klassens in this case. Dueck, under examination for discovery told Richard Klassen he did not want him (Klassen) arrested regarding Kathy because she had not disclosed anything on tape. Matt went ahead and charged Klassen, and apparently ordered Dueck to go to P.A. to try and get disclosure against him from a murderer in the pen. While he was examined in the discovery process, Miazga resorted to childish manoevres like claiming Richard Klassen threw a pen at him. This would be for the benefit of transcript readers. He readily blamed his co-prosecutor, Sonja Hansen as well as his bosses, Ellen Gunn and Richard Quinney. When Miazga agreed to take this file from Dueck in the spring of 1991, the two of them locked step in a stroll down the road to perdition. They are almost there. . . Excerpts from the Miazga letters to his co-conspirators
. Dr. Fraser who is a psychiatrist
with the Royal Ottawa Hospital . . .$1,000.00 per day for testifying
and $150 an hour for reports and preparation . . .travel expenses
. . . It is my view that the evidence of Ms. Bunko-Ruys is essential to the prosecution of this matter and the evidence of Dr. Fraser or a witness similar to him would be highly desirable to try to explain some of the more bizarre aspects of the children's testimony. It is my view that these types of disclosures are going to become more and more frequent in the future and if nothing else, the testimony of these types of experts can slowly go towards educating the court and public as to the existence and legitimacy of these types of disclosures which up until now have been largely discounted not only by the public but by the authorities as well. In regards to the witness on ritual and Satanic abuse, I have canvassed locally and although there are people with experience in this area, no one comes close to the stature of someone such as Dr. Fraser in terms of his experience and knowledge in the area. There are two or three other persons who have been suggested as possible witnesses but Dr. Fraser seems to be the best candidate in my view. I would ask that you advise me as soon as possible as to what to arrangements I could go ahead to make as this case is scheduled to begin in October and of course I am on leave until that time and must make arrangements with these witnesses quickly. Yours truly, Matthew K. Miazga, MCM:cd
. . . Yours truly cc to Carol Bunko-Ruys The Lawyer as Prosecutor: Rule (Nova Scotia Barrister's Law Society Handbook) When acting as a prosecutor, the lawyer has a duty to (a) act, in the exercise of any prosecutorial function including the exercise of prosecutorial discretion, fairly and dispassionately;1 (b) act in the spirit of the decision of Mr. Justice Rand in Boucher v. R., which is to say to seek justice, not merely to strive to obtain a conviction and to present to the court in a firm and fair manner evidence that the lawyer considers to be credible and relevant; (c) not prevent or impede one charged with an offence or in peril of such a charge from being represented by counsel or from communicating at reasonable times with counsel; and (d) disclose to defence counsel or to the party charged, if unrepresented, in a full, fair and timely fashion, before, during and after a trial, as circumstances may dictate, all such matters as are required to be disclosed in accordance with the policies and standards of Crown disclosure determined, from time to time, by law or by directive of the Attorney General, whether such disclosures may tend to show guilt or innocence or would affect punishment. Interestingly enough, this is on the website of Nova Scotia, a province whose Justice System is as beleaguered as Saskatchewan regarding corruption and cover-ups.
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"Tell
a big enough lie often enough and people will believe it's true."
Truth can never
be told so as to be understood, and not be believ'd. Truth suppress'd, whether by courts or crooks, will find an avenue to be told. Sheila Steele, injusticebusters.com Who we are:
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