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Don Lewis Inquest , How Much Justice Can You Afford?

By Ben Meisner

Wednesday, June 11, 2008 03:46 AM

This is the third in a four part series about the inquest into the police shooting death of Don Lewis.  In part one,  Meisner looked at the  credibility of the  Constable's version of events.  In part two,  he  talked about police investigating police.

Part 3

When you leave the Inquest into the death of Don Lewis in McLeese Lake, there is one question that stands out

"How much justice can you afford?"

It was never more apparent than at the inquest watching two house wives , Dolores Young, (whose son Kevin St. Arnaud was shot to death by a police officer in Vanderhoof) along with Sara Lewis the widow of Don Lewis, trying to put together a credible cross examination of a witness.

  You see,  Sarah Lewis can't afford a lawyer,  and the Coroner has no mandate to give her funds to have legal counsel.  The lawyer who had started the proceedings on her behalf Cameron Ward, had asked to have the inquest adjourned until the Lewis family could raise some  funds to pay for counsel.  That was denied as was a request to provide funding for  a lawyer. You can bet the lawyers for the Mounties are being paid, handsomely, and if your tax dollars can be used to pay  for them, why not for the  family of the  victim?

The two women tried their best but they were in way over their head in this one to a point that it became painful for me to watch the proceedings.

I say painful because you could see it in the manner that Coroner Shane DeMeyer tried to conduct the inquest to give both  an opportunity to get their licks in. I like DeMeyer as a Coroner.  He, like me ,I’m sure could see what was going on and he came very close to stepping over the bounds several times. He was seeking the truth and that is what we were all there for I believe.

I also should make mention of Mitch Houg, the Coroner’s Counsel, he too was (in my lay opinion) over the line several times in his attempt to let these two women raise their issues and surely in his mind he also must have been thinking, and ‘how much justice can you afford’.

I also think that I should mention David Butcher the lawyer for the RCMP, he could have been on his feet objecting to the line of questioning and the comments being made, and he too must have felt down deep that somehow the system isn’t just quite right.

Butcher and Andrew Kemp were both there representing the Mounties. I have watched Butcher at work and in spite of looking like a pompous little Englishman, he does have a heart in there and he and Kemp (for about 6 grand a day) are expected to deliver for the RCMP and they do.

That folks is what’s wrong with the system, I don’t for a moment believe that Const Cole Brewer went out of his way to shoot Don Lewis , but the other facts surrounding the matter don’t come out when you call upon two women with virtually no experience to take up the position where experienced Counsel should be.

Cameron Ward, who spent the first three days of the inquest on his own dime trying to make the whole thing credible, earns a lot of praise from me. He is always doing this kind of work for someone. He believes in right and that has cost him a lot in his years practicing as a lawyer. He has tried to get funding for the victim's family given that the RCMP, or for that matter any other police force, head to the inquest with every expense paid. That money comes right out your pocket and if government is going to do it for one, if they are interested in the premise of fair play, they owe it to do it for everybody.

We are seeing every day more erosion of the average individual's ability  to get a fair hearing. government using your money to battle you just doesn’t seem to add up to being "fair".

We will never have a sense of fair play until such time as we are prepared to level the playing field in the Coroner’s inquest and if the purpose of being there is to seek the truth it is important that we seek to do just that.

Watching the examination of witnesses by these two women at the Lewis Inquest became so painful, and I felt so badly for them, I had to get up and leave. My sense that in this country we have fair play for everyone, just seemed no more than some very hollow words.

I’m Meisner and that’s one man’s opinion.


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Comments

Another good post Ben.
IMO,I cannot see how this inquest can be seen as fair and unbiased, considering the circumstances that force these two housewives to conduct their own cross-examination.
It does however,render the outcome of the process itself comletely predictable.
Something is very wrong with a system that bases the degree of justice achieved on the amount of money you happen to have.
No money,no proper representation.
A very sad state of affairs and one that must be changed!
That in itself is nothing new.
I don't think anyone believes that Brewer had any intention of killing Lewis.
For me personally,this is about a system and extraordinary circumstances that are skewed in favour of the RCMP.
A rally around the troops and throw up the wall mentality.
Nobody gets past the gatekeepers!
To me,that is not fair play,it is unltimate power,and as we all know,that can only end in disaster for all concerned.
And it has.
Correct me if I'm wrong, but this is a coroners inquest and not a criminal trial. The inquests findings don't find fault for either party, and blame is not assessed. Recommendations, worthy or not are the end result. Merely a fact finding charade played out to appease the public. So why the need for anyone to be represented by a lawyer? There is no need for anyone to have objections to the comments and line of questioning, neither situation has any detrimental bearing on the outcome. The coroner and jury should be able to hear all opinions and comments regardless of their nature. Having any lawyers present, representing any party only amounts to bias if a party is allowed to determine what evidence or comment(s) is permissible or not. We as taxpayers would still have to foot the bill for inquest itself.

So Ben, I regretfully have to "thumbs down" part 3. Reason, the affordability of a lawyer for Ms. Lewis wouldn't prove to be of much benefit in this circumstance. The coroner has four main fact finding questions to ascertain answers for and as such should be able to dictate the charades progress, without lawyers. If you were to imply that some coroners are ex-officers and lawyers are warranted, I would agree that is a problem in itself saved for further review. Good luck with part 4.
I agree with pisspulper on this one. With regard to MEISNER's praise for the lawyer WARD. I'm not so sure I agree with that comment. If I remember this inquest was originally scheduled for last November, then put off at the family and Ward's request to get all their ducks in a row. To make the same request after the inquest is underway, and all parties brought together, seems like grandstanding for the media. Like MEISNER said in previous articles the major media weren't there very long, and neither was Mr. Ward. If the camera's weren't there, I dont think he was too interested. Maybe I'm wrong?
Just to clarify, I think all lawyers are ambulance chasers. People who can set aside their personal morals and defend the likes of Robert Picton, and pedofiles, do not hold a place close to my heart. If they are not in it for the money, they are in it for the publicity. That's my two cents on that. I do agree with Ben though that the playing field should be level. I feel very sorry for Sara Lewis because she no longer has a husband, his mother no longer has a son, and his kids no longer have a father, but after reading all of the information on Don Lewis and this incident, I am not entirely sure I feel so sorry for him, as it seems he had a hand in his own demise.
Pisspuller and Squirell. You are bang on. Meisner is loosing it. How can he state in his article that he knows the RCMP lawyers feel deep down that something isn't right? Since when can anybody out there basically write the following as gospel:

"I also think that I should mention David Butcher the lawyer for the RCMP, he could have been on his feet objecting to the line of questioning and the comments being made, and he too must have felt down deep that somehow the system isn’t just quite right."

Bogus ben. totally bogus.

And Ward is a nutbar. This is all just publicity for him...worth it's weight in gold.
It's not bogus that a lawyer can actually have a heart lmorg.
Hey pisspuLLer ;) any baby yet?
AS Usual you loose the point, Heidi.
Why am I pisspuller? I thinks someone doesn't like me. And no, the child has not ejected yet, but a note did fall out with a list of demands. Help me!!
I was teasing lmorg...he made a typo with your name. I like you. Just remember that you can't spoil a child with too much love.....they actually turn into better people. My mother inlaw was always concerned about that but I showed her :) My kids are beautiful little people. So love love love away and stand your ground as the child gets older or he/she will bully you as cute as he/she may be. He/she will respect you later honestly is what I think anyway. :)
Sorry but I must interject.

Imorg

"looser" is something that is not as tight as it once was.

"Loser" is someone that never wins.