Thu Dec 18,
By Chris Purdy, The Canadian Press
In a decision released without comment Thursday, the top court rejected an application for a hearing by two police officers contesting the inquiry's conclusions.
Court of Queen's Bench Justice David Wright found in his 2004 report that constables Larry Hartwig and Brad Senger had Stonechild in custody the night he was last seen alive. His frozen body was found in a field on the outskirts of the city.
The judge also determined the 17-year-old's body bore marks that were likely to have been caused by handcuffs.
The two officers, who were fired the day after the inquiry's findings were released, insist they never saw Stonechild that night.
"We haven't given up on this," said Sgt. Stan Goertzen, president of the Saskatoon City Police Association. "We will not give up on this until we know there's absolutely nothing else we can do, because we know these two guys are innocent."
Goertzen said he is considering the unusual step of asking the federal justice minister for a review.
Vital evidence and testimony that could have cleared the officers was not allowed at the inquiry and was therefore not presented to the Supreme Court, said Goertzen.
Hartwig and Senger, along with the police association, argued Wright exceeded his mandate, acted unconstitutionally and reached the wrong conclusions about testimony of key witnesses.
The Saskatchewan Court of Appeal rejected those claims earlier this year and upheld the inquiry's findings.
The officers have been fighting to get their jobs back.
The Saskatchewan Police Commission dismissed their appeals to return to work last summer and the men are asking Court of Queen's Bench to review that decision.
The commission had agreed it was reasonable to conclude that Stonechild was in the custody of the two officers that night.
Jason Roy, a friend who had been drinking with Stonechild, testified he last saw the teen, bleeding and screaming for help, in the back of a police car.
The commission decided not to consider new information from a career criminal who said his former cellmate admitted to beating Stonechild and dumping him on the outskirts of
With the door to the Supreme Court now closed, the officers plan to keep using their police skills to clear their names.
"The investigation, at least in their minds, still goes on," said Hartwig's lawyer, Aaron Fox.
"They still continue to try and track down whatever leads might be out there to try and find out what did happen to Neil Stonechild that night and to establish their innocence."
He said the officers have never faced criminal charges or a civil lawsuit.
"Inquiries aren't made and aren't designed to determine civil or criminal liability, but that's effectively what this one has been used for. And that's discouraging."
The Federation of Saskatchewan Indian Nations, which had standing at the inquiry, said it was glad the Supreme Court isn't dragging the case on further.
"We feel this matter can finally be put to rest and bring some closure for the Stonechild family," said Morley Watson, vice-chief of the organization. "It has been two long decades of pain in seeking the truth about really what happened to their loved one."
The federation's lawyer, Silas Halyk, said he doesn't anticipate that the federal justice minister would ever review a provincial inquiry.
"They have gone as far as they can go," Halyk said. "The case is closed."