Steven Kaminski - finally compensated

OTTAWA -- An Alberta man who spent seven years in prison for a sexual assault he didn't commit was the recipient of a $2.2-million secret settlement by the RCMP for malicious prosecution, Sun Media has learned.

Steven Kaminski was labelled a dangerous offender in a bizarre case his lawyer has described as "unusual beyond belief." The former chef was convicted in 1992 of raping a co-worker, but it was later revealed the female complainant had sex several times with the Mountie assigned to investigate the case, as well as with a witness called to testify against Kaminski.

Despite his protests the encounter was consensual, Kaminski was found guilty of entering his 24-year-old co-worker's cabin at a resort near Red Deer and raping her.

Former federal justice minister Martin Cauchon eventually ordered a new trial, but provincial authorities opted not to proceed with a new prosecution.

The whopping $2.2-million payout was quietly listed in the government's just-released public accounts documents, but the name of the recipient was withheld.

Kaminski's lawyer Hersh Wolch could not confirm his client's settlement due to a confidentiality agreement.

"The case is closed; I can say that," he said. "We are content with what occurred but we are bound by confidentiality."

Wolch is the Calgary-based lawyer who helped David Milgaard get $10 million for the 23 years he spent behind bars for a murder he didn't commit -- the biggest wrongful conviction payment in Canadian history.

The lawsuit filed on behalf of Kaminski claimed $10 million in damages for defamation, malicious prosecution, negligent conduct and conspiracy, and accused Ottawa of being slow to review the case.

James Lockyer, a top Canadian lawyer who represents the wrongfully accused, said confidentiality clauses "almost always" come at the request of the government to keep damaging details from the public.

"I think it's disgraceful, but that's what you have to do," he said. "As a taxpayer, you feel you're entitled to know where your dollars are going and when a public institution is at fault, you're entitled to know how."

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Two points.

1. Governments usually impose confidentiality clauses in cases of miscarriages of justice such as this; and these, basically, threaten those who have already been hideously mistreated with strong sanctions should they tell others about their experiences.

2. Those convicted of sex offences - whether guilty or not - can reduce their sentences substantially by admitting their guilt once inside prison. The idea behind this is to force even innocent men to admit their guilt in order to cover up the large number of miscarriages of justice that take place in the area of sex assault.