Innocent man says Crown lawyer shouldn't be prosecuting
Last Updated: Saturday, November 7, 2009 | 5:47 PM CT
The Canadian Press
Richard Klassen says he is happy is name is cleared but disagrees with the Supreme Court dismissing his lawsuit
(CBC)The Saskatchewan man at the centre of a malicious prosecution case says he respects the decision of the Supreme Court of Canada dismissing his lawsuit but still believes the Crown lawyer acted inappropriately.
Richard Klassen led a lawsuit alleging malicious prosecution after he and others were accused of incredible acts of sexual abuse against children in the early 1990s.
The children told police that they had been sexually abused and forced into satanic rituals including the mutilation and killing of animals, dismemberment of babies and drinking of human blood.
'I've already won. They paid me, they gave me back my dignity.'—Falsely accused Richard Klassen
None of the stories were true and the children later admitted they had lied.
Klassen's lawsuit took 16 years to reach the Supreme Court of Canada. On Friday, his action was dismissed because the judges said there was no evidence Matthew Miazga, the Crown prosecutor, was motivated by malice as he led the criminal case to court.
"It is my view that there is no evidence to support a finding of malice or improper purpose," Justice Louise Charron wrote for the top court.
"I disagree with the Supreme Court of Canada," Klassen said Friday. "But I respect what they've said, and there's nothing more I can do about it."
Klassen said he was satisfied to have another set of judges re-affirm his innocence.
"I didn't lose anything here," he said. "I've already won. They paid me, they gave me back my dignity."
In 2004, the Saskatchewan government negotiated a settlement with Klassen and the other plaintiffs to acknowledge the accused had suffered from the false accusations.
Settlement money unaffected
The ruling would not affect those payments, Don Morgan, Saskatchewan's justice minister said Friday.
"We acknowledge and restate the innocence of the Klassen and Kvelo families," Morgan said. Members of both families were among those charged and later cleared of the allegations.
Crown prosecutor Matt Miazga did not maliciously prosecute sexual assault cases two decades ago, the Supreme Court of Canada ruled Friday. (CBC)"They have suffered immensely. To date they have been paid $2.726 million. There is a balance of $100,000 the province has agreed to pay them and we will make this payment to them in the near future."
The Crown prosecutor, now a senior lawyer in the ministry, declined to comment on the case.
Klassen said he felt Miazga should not be working on criminal cases.
"He should not be prosecuting," Klassen said. "I think the government should hang their heads in shame."
He added that the long struggle to clear his name was worthwhile.
"It was worth it for me," he said. "I couldn't live with this. I would have killed myself a long time ago."
