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06-23-2006, 03:32 AM
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N.L. report on miscarriages of justice could have national impact
Last Updated Thu, 22 Jun 2006 11:49:06 EDT
CBC News
The report of the Lamer inquiry, which identified a Crown culture of overzealous prosecutors in Newfoundland and Labrador's justice system, will have repercussions countrywide, a prominent St. John's lawyer said Thursday.
A day earlier the province released a report by the judicial inquiry headed by Antonio Lamer, which looked into the murder convictions â later overturned â of Greg Parsons, Ronald Dalton and Randy Druken.
The report accused the public prosecutions office and police of fostering a culture of "tunnel vision" in investigations, blaming the attitude for problems in how at least two of the cases were handled.
"This is not something that exists only in Newfoundland and Labrador," said Jerome Kennedy, a lawyer who has represented Parsons and Dalton.
Lamer, a former Supreme Court of Canada justice, found that prosecutors in the case of Parsons and Druken had focused on insufficient evidence supplied by the police to the exclusion of other suspects.
Kennedy said Lamer's findings â particularly that police investigators had "tunnel vision" and prosecutors were excessively focused on winning cases â would be read closely in other Canadian jurisdictions.
"This notion that we have to win â that's not the role of the Crown," Kennedy said following the release of the report.
"I would suggest that Crown culture [involves] deeply seated attitudes and beliefs. You can put all of the resources and money you want into a department, but unless you change the attitudes, you're not going to change the system itself," he said.
Review of prosecutions office 'will be fearless'
The Newfoundland and Labrador government has appointed William Marshall, a retired justice of the Newfoundland Supreme Court of Appeal, to review the public prosecutions office.
Marshall said he is looking forward to following through on Lamer's advice, which included making sure prosecutors receive adequate resources and continuing education.
"The inquiry said, 'Look, [Crown culture] is being addressed, but it's still there, so we better take a look at it because it's very important that it be eradicated or eliminated completely,'" Marshall said on Thursday.
"I would suggest to you that there is no tragedy more devastating than the conviction of the innocent."
Tom Mills, the director of public prosecutions office, has stepped aside while that review is underway.
Kennedy said he is looking forward to Marshall's review.
"It will be thorough, it will be fair, and it will be fearless," Kennedy said.
Praises call for judges versed in criminal law
Meanwhile, Kennedy said he wished Lamer had focused more on the conduct of the judiciary.
However, he said Lamer made an essential recommendation in that area â that experience with criminal cases be considered during the appointment of judges.
"What we need in this province right now are experienced criminal lawyers who are appointed to the Supreme Court bench â whether they come from provincial court or private practice â who can conduct jury trials, who have conducted jury trials," Kennedy said.
Lamer's criticisms 'harsh' but 'fair': 2nd lawyer
Bob Simmonds, a criminal defence lawyer in St. John's who also represented Parsons, said the Lamer inquiry has vindicated the fight for justice that Parsons, Druken and Dalton have waged.
Simmonds said Parsons was convicted of murdering his mother, Catherine Carroll, based on circumstantial evidence and a rush to judgment.
Lamer described the Parsons investigation and prosecution as "a 'runaway train,' fuelled by tunnel vision and picking up many passengers along the way."
"That's a harsh comment, but it's fair," Simmonds said.
Last Updated Thu, 22 Jun 2006 11:49:06 EDT
CBC News
The report of the Lamer inquiry, which identified a Crown culture of overzealous prosecutors in Newfoundland and Labrador's justice system, will have repercussions countrywide, a prominent St. John's lawyer said Thursday.
A day earlier the province released a report by the judicial inquiry headed by Antonio Lamer, which looked into the murder convictions â later overturned â of Greg Parsons, Ronald Dalton and Randy Druken.
The report accused the public prosecutions office and police of fostering a culture of "tunnel vision" in investigations, blaming the attitude for problems in how at least two of the cases were handled.
"This is not something that exists only in Newfoundland and Labrador," said Jerome Kennedy, a lawyer who has represented Parsons and Dalton.
Lamer, a former Supreme Court of Canada justice, found that prosecutors in the case of Parsons and Druken had focused on insufficient evidence supplied by the police to the exclusion of other suspects.
Kennedy said Lamer's findings â particularly that police investigators had "tunnel vision" and prosecutors were excessively focused on winning cases â would be read closely in other Canadian jurisdictions.
"This notion that we have to win â that's not the role of the Crown," Kennedy said following the release of the report.
"I would suggest that Crown culture [involves] deeply seated attitudes and beliefs. You can put all of the resources and money you want into a department, but unless you change the attitudes, you're not going to change the system itself," he said.
Review of prosecutions office 'will be fearless'
The Newfoundland and Labrador government has appointed William Marshall, a retired justice of the Newfoundland Supreme Court of Appeal, to review the public prosecutions office.
Marshall said he is looking forward to following through on Lamer's advice, which included making sure prosecutors receive adequate resources and continuing education.
"The inquiry said, 'Look, [Crown culture] is being addressed, but it's still there, so we better take a look at it because it's very important that it be eradicated or eliminated completely,'" Marshall said on Thursday.
"I would suggest to you that there is no tragedy more devastating than the conviction of the innocent."
Tom Mills, the director of public prosecutions office, has stepped aside while that review is underway.
Kennedy said he is looking forward to Marshall's review.
"It will be thorough, it will be fair, and it will be fearless," Kennedy said.
Praises call for judges versed in criminal law
Meanwhile, Kennedy said he wished Lamer had focused more on the conduct of the judiciary.
However, he said Lamer made an essential recommendation in that area â that experience with criminal cases be considered during the appointment of judges.
"What we need in this province right now are experienced criminal lawyers who are appointed to the Supreme Court bench â whether they come from provincial court or private practice â who can conduct jury trials, who have conducted jury trials," Kennedy said.
Lamer's criticisms 'harsh' but 'fair': 2nd lawyer
Bob Simmonds, a criminal defence lawyer in St. John's who also represented Parsons, said the Lamer inquiry has vindicated the fight for justice that Parsons, Druken and Dalton have waged.
Simmonds said Parsons was convicted of murdering his mother, Catherine Carroll, based on circumstantial evidence and a rush to judgment.
Lamer described the Parsons investigation and prosecution as "a 'runaway train,' fuelled by tunnel vision and picking up many passengers along the way."
"That's a harsh comment, but it's fair," Simmonds said.
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