Inquiry assails 'tunnel vision' in N.L.'s justice system

The Newfoundland and Labrador government is launching an independent review of the public prosecutions office after a judicial inquiry accused it and the police of fostering a culture of "tunnel vision" in investigations.

Antonio Lamer, a former Supreme Court of Canada justice who reviewed three murder cases that the province admitted were miscarriages of justice, blamed that tunnel vision for problems in how at least two of the cases were handled.

Provincial Justice Minister Tom Marshall, who released the Lamer report on Wednesday afternoon, said the government would respond thoroughly to address concerns raised during the $7.4-million inquiry.

Lamer was appointed in 2003 to examine how the justice system failed Greg Parsons, Randy Druken and Ronald Dalton. All three have been at the centre of discredited murder convictions, with Parsons already exonerated for a murder he did not commit.

DNA evidence led to Druken's release from prison, while Dalton was found not guilty in a second trial, but only after a painful eight-year wait for an appeal to be heard.

Province makes 1st apology to Dalton, Druken

Marshall apologized to Dalton and Druken, marking the first time the Newfoundland and Labrador government has made such an admission.

"[The report] provides 45 recommendations on improving the administration of justice and our government is committed to implementing each and every one of them," said Marshall.

"Public confidence in our legal system is of the utmost importance and implementing these recommendations will significantly improve the way in which we deliver justice services in this province."

Prosecution criticized in2 cases

Lamer's report, based on evidence collected over more than two years, lays out recommendations that apply to prosecutors, lawyers, judges and the police.

In particular, Lamer found fault with how the prosecution handled the Parsons and Druken cases.

Lamer said the forthcoming review —which will be headed by William Marshall, a Supreme Court of Appeal justice in Newfoundland —should ensure that "steps have been taken and will be taken to eliminate the 'Crown culture' that contributed to the wrongful conviction of Gregory Parsons and was also evident in the prosecution of Randy Druken."

Parsons still feels anger

Parsons, who was convicted of second-degree murder in 1994 in the death of his mother, Catherine Carroll, was cleared in 1998 by DNA testing. The Crown based its case on circumstantial evidence.

The provincial government apologized to Parsons in 1998 and later compensated him, although Parsons testified that he still feels anger because of how he was treated. Prosecutors also apologized during the inquiry for their role in the case.

Meanwhile, Brian Doyle, a childhood friend of Parsons, pleaded guilty to the crime in 2002 and is now serving a life sentence.

"The investigation and prosecution of Gregory Parsons became a 'runaway train,' fuelled by tunnel vision and picking up many passengers along the way," Lamer wrote.

'No reliable evidence' on Druken: Lamer

Lamer found that there was so little evidence implicating Druken in the 1993 murder of his girlfriend, Brenda Young, that he should never have been even charged for the crime at all.

Druken spent more than six years in prison before newly examined DNA evidence led to his release. While the Crown issued a stay of proceedings in the Druken case, the charge was never withdrawn.

Druken testified at the inquiry that that decision has meant his name has never been formally cleared.

Lamer noted that he was "explicitly precluded" from determining whether Druken was innocent. "Although his factual innocence has not been acknowledged, I have concluded that there was no reliable evidence on which to base his prosecution."

Lawyers responsible for delays in appeal

As for Ronald Dalton, Lamer said the inaction of two lawyers— David Eaton and David Day — contributed to Dalton spending eight years in prison following a conviction of second-degree murder in the 1988 death in Gander of his wife, Brenda Dalton.

Lawyer Jerome Kennedy eventually took on the case, won an appeal, and represented Dalton in a 2000 trial that resulted in acquittal. Forensic evidence showed Brenda Dalton had choked on breakfast cereal.

"The criminal justice system did not 'see' Mr. Dalton for almost eight years, and, for that, we are all responsible," wrote Lamer, who lamented the "tragic circumstances" surrounding Dalton's wait for justice.

Procedures already changed: police

Responding to the Parsons and Druken investigations, Lamer called for several recommendations to improve the quality of police investigations, from raising standards for training and qualifications, to improving how evidence is collected.

Paul Noble, a lawyer who represented the Royal Newfoundland Constabulary at the Lamer inquiry, said things have already changed in how investigations are conducted.

"We'll certainly be wanting to make the point that perhaps the way these cases proceeded 10, 12, 13 years ago, would not necessarily be approached the same way today," Noble said before the report was released.

Lamer had not been asked to address the issue of compensation.

The justice minister said the provincial government will deal with compensation for Druken and Dalton within the next six months.