The Manitoba Court of Appeal struck down a section of a $20-million civil lawsuit against the Winnipeg police officers involved in the wrongful conviction of James Driskell, but allowed the suit's main claims to continue.
The province`s high court agreed with police lawyers Driskell could not sue them for failing to directly disclose exculpatory evidence prior to his appeals being exhausted. However, the court said Driskell could continue to argue the police were negligent for failing to disclose that evidence after appeal, when Driskell was still working actively to prove his innocence.
Driskell was convicted in 1991 of the first-degree murder of Perry Dean Harder. He was released on bail in 2003 on the strength of new evidence, including an internal review report written more than a year after Driskell's appeal was turned down, which uncovered startling new facts about the case.
Driskell's conviction was quashed in 2005 by the federal justice minister. Manitoba Justice decided not to hold a second trial.
Driskell's lawyers have argued the police are negligent because they failed to divulge a raft of new evidence including the internal review report.
Police turned down numerous requests to see the report from Driskell's lawyers, wrongful conviction advocates and the Winnipeg Free Press.
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