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RCMP, members sued for wrongful prosecution in wild horse case

Three men and a boy charged early in 2010 in connection with the shooting death of a wild horse near Sundre are now suing the RCMP and individual members for wrongful prosecution.

Three men and a boy charged early in 2010 in connection with the shooting death of a wild horse near Sundre are now suing the RCMP and individual members for wrongful prosecution.

The charges against them were withdrawn as a result of new evidence presented just as their trial was set to begin in Calgary provincial court on April 27, 2011.

Calgary lawyer William Klym provided the Advocate on Tuesday with a statement of claim indicating that his clients — Jason Nixon, Nixon’s son, Marcus Ross, and Earl Anderson, all of Sundre, and Gary Cape of Calgary — seek $1 million each plus an additional $100,000 in special damages in their claim against the RCMP and five individual officers.

The four claimants allege that they have suffered a loss of reputation, loss of employment and accommodation related to their jobs with the Calgary-based Mustard Seed and the loss of income suffered as a result of losing their jobs.

Jason Nixon was manager of the Mountain Aire Lodge, a tourism facility operated by Mustard Seed and located on the Forestry Trunk Road, southwest of Sundre.

All of the allegations have yet to be proven in court.

Klym said he is still in the process of serving notice of the lawsuit to individual members of the RCMP, including Cpl. Dave Heaslip from livestock investigations, Wes Bensmiller, Donna Lissel and two others whose names are not yet known to the claimants.

The RCMP have not yet filed a statement of defence, said Sgt. Patricia Neely, Edmonton-based media relations officer for the RCMP in Alberta.

The RCMP are not prepared to battle the issue in the media, but will have their say when the lawsuit goes to trial, said Neely.

“People have the right to make the allegations, either in criminal court or civil court. Both sides will have an opportunity to tell . . . the facts as they see them to the judge or the justice, and then the decision will be rendered by that court.”

RCMP investigated numerous reports of wild horses being shot in the Sundre area as far back as 2007.

Klym said he anticipates it will be some time before the matter gets to trial, estimating that it will take at least 18 to 24 months.

bkossowan@www.reddeeradvocate.com