Glen Assoun: Nova Scotia: The truth will out? Not if police and prosecutors who are opposing several media organizations seeking release of the "fresh evidence" of misconduct which has led to his exoneration - at a hearing set for July 2, 2019. Halifax Examiner story: ""Halifax police try to intervene in the Glen Assoun document case," by Tim Bousqet."..."As I’ve Reporter Tim Bousquet) reported, the Halifax Examiner, the CBC, and the Canadian Press are taking legal action to un-seal the court documents related to Glen Assoun’s exoneration. A hearing on the matter is scheduled for July 2. We initiated this legal action back in April, and since then there’s been a series of court filings made by various parties. I haven’t wanted to get into the minutiae on that material, but yesterday there was a development that merits reporting on: the city’s lawyer told our lawyer that the city will this morning apply to the court to gain status as an intervenor in our application. As I understand it, the police department is claiming ownership of some of the sealed files, and will presumably want to keep them sealed. This is deeply troubling." (Do some of the seaed files relate to forensic evidence not disclosed to the defence? Only one way to find out. Release them all. HL).

PASSAGE OF THE DAY: "Assoun was convicted — we now know wrongly — of second degree murder by a jury in 1999. He finally got the attention of a very good defence lawyer from Newfoundland named Jerome Kennedy, who represented Assoun through his appeal, as I recall, in 2004. That appeal failed. But what Campbell intimated to me in March was that the Halifax police department withheld evidence from Kennedy that would have cleared Assoun and therefore would have made his appeal successful. Because the police withheld that evidence, Assoun spent another 10 years in prison (for a total of 16-and-a-half) and another four-and-a-half years on parole with strict conditions, for a crime he did not commit. Damn right there is “shocking story” for which there is an “acute public interest.” I can only speculate what the real story is. I think I have a pretty good idea, but I’d rather get the full documentation before putting that story to print. But now the Halifax police are attempting to prevent that story from being told. We are appearing in court this morning on the matter. Incidentally, today’s court appearance is adding significantly to our legal bills. If you’d like to contribute to the Halifax Examiner’s legal fund, please contact Iris."

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STORY: "Halifax police try to intervene in the Glen Assoun document case," by Tim Bousqet, published by The Halifax Examiner on June 6, 2019. (The Halifax Examiner describes itself as "An independent, adversarial news site in Halifax, NS.)...Kudos to the Halifax Examiner (a feisty investigative publication), the CBC and The Canadian for taking on this important fight for openness and accountability. HL);

GIST: "As I’ve reported, the Halifax Examiner, the CBC, and the Canadian Press are taking legal action to un-seal the court documents related to Glen Assoun’s exoneration. A hearing on the matter is scheduled for July 2. We initiated this legal action back in April, and since then there’s been a series of court filings made by various parties. I haven’t wanted to get into the minutiae on that material, but yesterday there was a development that merits reporting on: the city’s lawyer told our lawyer that the city will this morning apply to the court to gain status as an intervenor in our application. As I understand it, the police department is claiming ownership of some of the sealed files, and will presumably want to keep them sealed. This is deeply troubling. To back up, here’s what I wrote (in part) when Assoun was fully exonerated in March:

In court, [Assoun’s lawyer Phil] Campbell said that Assoun should have never been convicted in the first place. Having examined the case and the evidence for many years, Campbell and MacDonald had long had a “belief in the factual innocence of Mr. Assoun,” Campbell told [Justice James] Chipman. “That is a conclusion we reached — Mr. MacDonald [Sean MacDonald, Campbell’s co-counsel] and I — when we first looked at this case, by the trial record. I have to say that I thought many, many times I wished that Mr. Macdonald and I could have represented Mr. Assoun in those proceedings rather than having him struggle with the law and the evidence on his own. I believe that a different verdict could have been achieved on the record.”
Moreover, said Campbell, “there are issues of accountability, arising from that phrase in the minister’s [Justice Minister David Lametti’s] order: ‘Relevant and reliable information that was not disclosed to Mr. Glenn Assoun during his criminal proceedings.’ Behind that phrase lies a sad, to some degree a shocking story, in the telling of which there will eventually be an acute public interest. And there is also a public interest, given the record that now exists, the evidence that has accumulated that is before the Minister, in attempting, still, these many years later to identify who did kill Brenda Way. We believe that to be an achievable goal and one that, the pursuit of which, will serve the public interest.” Outside the courtroom, I asked Campbell who withheld the evidence that could have cleared Assoun. Campbell made clear it was not the crown prosecutors, but rather Halifax police. I asked if police investigator David MacDonald was at fault, and Campbell didn’t directly answer the question; rather, he said while there were faults with the original investigation, the most troubling withholding of evidence came when Assoun was before the Court of Appeal. Campbell would not further elaborate, telling me only to pursue the matter myself. I am.

Assoun was convicted — we now know wrongly — of second degree murder by a jury in 1999. He finally got the attention of a very good defence lawyer from Newfoundland named Jerome Kennedy, who represented Assoun through his appeal, as I recall, in 2004. That appeal failed. But what Campbell intimated to me in March was that the Halifax police department withheld evidence from Kennedy that would have cleared Assoun and therefore would have made his appeal successful. Because the police withheld that evidence, Assoun spent another 10 years in prison (for a total of 16-and-a-half) and another four-and-a-half years on parole with strict conditions, for a crime he did not commit. Damn right there is “shocking story” for which there is an “acute public interest.” I can only speculate what the real story is. I think I have a pretty good idea, but I’d rather get the full documentation before putting that story to print. But now the Halifax police are attempting to prevent that story from being told. We are appearing in court this morning on the matter. Incidentally, today’s court appearance is adding significantly to our legal bills. If you’d like to contribute to the Halifax Examiner’s legal fund, please contact Iris."

The entore story can be read at:

https://www.halifaxexaminer.ca/featured/halifax-police-try-to-intervene-in-the-glen-assoun-document-case/#1.%20Update%20on%20the%20Assoun%20documents

Read Innocence Canada entry at the link below: "In a Halifax, Nova Scotia courtroom on March 1, 2019, Justice James L. Chipman of the Supreme Court of Nova Scotia spoke the words that Glen Assoun had prayed for, dreamed of and fought for, for twenty-one painful and challenging years. For seventeen of those years he was incarcerated in some of the worst prisons in Canada, survived two heart attacks and suffered countless human rights violations. Five of those years Glen waited for the Criminal Convictions Review Group (CCRG) to do their work and for the Federal Justice Minister to make a decision concerning a s.696.1 application based on fresh evidence that was submitted on his behalf by Innocence Canada lawyers in 2013. Those years were grueling, extremely stressful and heartbreaking for Glen, his family and supporters. But Glen never gave up, despite the personal cost.

Glen is grateful to Innocence Canada lawyers Jerome Kennedy, Sean MacDonald, Phil Campbell and James Lockyer for staying the course and for their hard work, expertise and dedication to seeing an innocent man vindicated. They also never gave up in spite of the countless roadblocks barricading the way to achieving the goal of Glen’s freedom and exoneration. Justice Chipman had these words to say after he formally acquitted Glen: “Glen Eugene Assoun, during all of this time, you steadfastly maintained your innocence. And with the support of your lawyers, your friends and your family, you kept the faith with remarkable dignity and determination you presented before this court on several occasions, and at times since I first met you on November 24, 2014. You are to be commended for your courage and your resilience. You are a free man.  I sincerely wish you every success.”

 https://innocencecanada.com/exonerations/glen-assoun/


PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher; The Charles Smith Blog;