Couple's suit claims malicious prosecution

Had been critical of Klassen, Kvello sex abuse case
Betty Ann Adam, The StarPhoenix
Published: Wednesday, January 30, 2008
A couple who protested a case that was eventually found to be a malicious prosecution continue to fight for their own exoneration and for accountability for police and justice officials.

A Queen's Bench justice last week granted John and Johanna Lucas leave to amend a statement of claim -- alleging a more recent conspiracy to commit malicious prosecution against them and a negligent police investigation.

Lucas said Tuesday he continues to make the same comments on websites that sparked contempt of court charges in 2003. Those charges were dropped and no one is challenging the content of the website, he said.

"We have not backed off one-quarter inch. . . . They started to look into the facts we were telling the truth, as simple as that," he said.

The Lucases are suing several Saskatoon police officers, Saskatchewan Crown prosecutors and a Queen's Bench justice, claiming they conspired to maliciously prosecute the couple.

The pair were early, vocal critics of the a sexual abuse case against Richard Klassen, Diane Kvello and members of their extended families.

The Klassen and Kvello families were exonerated in 2004, after a court found they were maliciously prosecuted on false allegations of sexually abusing three foster children.

The Lucases protested the prosecution in 1993 and were convicted of criminal defamatory libel for carrying placards and posting flyers commenting about the case when it was originally before the courts.

Defendants in the current Lucas suit, who had applied to have the case thrown out, did succeed to some degree, when Justice Allisen Rothery recently struck numerous allegations from the claim.

John Lucas said Tuesday he "absolutely" will amend the claim and continue with the suit against police officers and justice officials.

The Lucases were found guilty in 1995 of a rarely used criminal charge of defamatory libel for picketing in front of the courthouse and police station with placards. They also posted flyers commenting on the foster children sexual abuse case.

The couple appealed all the way to the Supreme Court of Canada, where the convictions were upheld in 1998.

John Lucas served an 18-month jail sentence and Johanna Lucas, a one-year term.

In September 2003, at the beginning of Klassen's malicious prosecution trial, the Lucases were charged with once again posting flyers commenting on the case. The contempt of court charges alleged the posters defamed Justice Paul Hrabinsky, retired Supt. Brian Dueck and lawyer Rod Donlevy.

By mid-2006 the four charges against each of the Lucases had been dropped: Two were withdrawn, one was outside the court's jurisdiction and one was stayed, Lucas said.

Lucas continues to make the same statements on his various websites, such as www.saskatchewanjustice.ca. He said no one takes issue with the statements anymore.

In the suit the couple allege conspiracy to commit malicious prosecution in relation to the 2003 charges.

They name as defendants Saskatoon police officers Joseph Faber, Kim Cridland and Dueck, the Saskatoon Board of Police commissioners, the Province of Saskatchewan, Murray Brown, Daryl Rayner, Donald Arthur McKillop, James Plemel, Charita Ohashi, Rod Donlevy, Hrabinsky, two unknown police officers and two unknown prosecutors.

They are claiming $10 million in damages.

badam@sp.canwest.com

© The StarPhoenix (Saskatoon) 2008

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