James Driskell
Encyclopedia
James Patrick Driskell is a Canadian who was wrongfully convicted for the murder
of Perry Harder in 1991. Driskell has 7 children and 14 grandchildren.
and his remains were found in a shallow grave
just outside Winnipeg
, three months after his disappearance. Harder had been shot at least once.
Harder and Driskell had previously been charged with possession of stolen goods, and the Crown
's theory
was that Driskell had committed the murder in order to prevent Harder from testifying
against him.
The only physical evidence
linking Driskell to the crime were three hair
s found in his van
that supposedly belonged to the victim. DNA
tests showed years later that not only did the hairs in fact not belong to Harder, but they weren't even related to each other. The procedure of visual hair analysis has now been discredited.
used a special Criminal Code of Canada
provision to quash the conviction, stay the charges, and order a new trial for Driskell, but the Manitoba Department of Justice decided not to order a new trial. It instead entered a stay of proceedings and called for a public inquiry, ending Driskell's conviction without exonerating him.
Driskell had been free on bail
since late 2003, after serving a total of 12 years in Stony Mountain Penitentiary convicted of first-degree murder. Driskell's lawyer was James Lockyer
,and Alan Libman both prominent defence lawyers working with the Association in Defence of the Wrongly Convicted
.
The Commission of Inquiry Into Certain Aspects of the Trial and Conviction of James Driskell began April 4, 2006. Commissioner was The Honourable Patrick LeSage, Q.C. The inquiry was completed, and the findings and recommendations of the Inquiry were provided to Attorney General of Manitoba, Dave Chomiak, on January 30, 2007.
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
of Perry Harder in 1991. Driskell has 7 children and 14 grandchildren.
The Crime and Prosecution
Harder was last seen outside his rooming house in a pickup truckPickup truck
A pickup truck is a light motor vehicle with an open-top rear cargo area .-Definition:...
and his remains were found in a shallow grave
Grave (burial)
A grave is a location where a dead body is buried. Graves are usually located in special areas set aside for the purpose of burial, such as graveyards or cemeteries....
just outside Winnipeg
Winnipeg
Winnipeg is the capital and largest city of Manitoba, Canada, and is the primary municipality of the Winnipeg Capital Region, with more than half of Manitoba's population. It is located near the longitudinal centre of North America, at the confluence of the Red and Assiniboine Rivers .The name...
, three months after his disappearance. Harder had been shot at least once.
Harder and Driskell had previously been charged with possession of stolen goods, and the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
's theory
Theory
The English word theory was derived from a technical term in Ancient Greek philosophy. The word theoria, , meant "a looking at, viewing, beholding", and referring to contemplation or speculation, as opposed to action...
was that Driskell had committed the murder in order to prevent Harder from testifying
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
against him.
The only physical evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
linking Driskell to the crime were three hair
Hair
Hair is a filamentous biomaterial, that grows from follicles found in the dermis. Found exclusively in mammals, hair is one of the defining characteristics of the mammalian class....
s found in his van
Van
A van is a kind of vehicle used for transporting goods or groups of people.In British English usage, it can be either specially designed or based on a saloon or sedan car, the latter type often including derivatives with open backs...
that supposedly belonged to the victim. DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
tests showed years later that not only did the hairs in fact not belong to Harder, but they weren't even related to each other. The procedure of visual hair analysis has now been discredited.
Later years
On 3 March 2005, Minister of Justice and Attorney General of Canada Irwin CotlerIrwin Cotler
Irwin Cotler, PC, OC, MP was Canada's Minister of Justice and Attorney General of Canada from 2003 until the Liberal government of Paul Martin lost power following the 2006 federal election. He was first elected to the Canadian House of Commons for the constituency of Mount Royal in a by-election...
used a special Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
provision to quash the conviction, stay the charges, and order a new trial for Driskell, but the Manitoba Department of Justice decided not to order a new trial. It instead entered a stay of proceedings and called for a public inquiry, ending Driskell's conviction without exonerating him.
Driskell had been free on bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
since late 2003, after serving a total of 12 years in Stony Mountain Penitentiary convicted of first-degree murder. Driskell's lawyer was James Lockyer
James Lockyer
James Lockyer, LLD is a lawyer and a prominent social justice activist in Canada.He is a founding director of the Association in Defence of the Wrongly Convicted . He has been involved in exposing more than ten wrongful convictions in Canada, including the cases of Guy Paul Morin, David Milgaard,...
,and Alan Libman both prominent defence lawyers working with the Association in Defence of the Wrongly Convicted
Association in Defence of the Wrongly Convicted
Association in Defence of the Wrongly Convicted or AIDWYC, is a Toronto based non-profit organization founded in 1993 that is dedicated to the prevention of wrongful convictions and the reversal of cases that have already occurred...
.
The Commission of Inquiry Into Certain Aspects of the Trial and Conviction of James Driskell began April 4, 2006. Commissioner was The Honourable Patrick LeSage, Q.C. The inquiry was completed, and the findings and recommendations of the Inquiry were provided to Attorney General of Manitoba, Dave Chomiak, on January 30, 2007.