A Search for Justice in Revelstoke – the follow-up€¦ · 1 A Search for Justice in Revelstoke – the follow-up Compiled from court papers, sworn affidavits and interviews by

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A Search for Justice in Revelstoke – the follow-up

Compiled from court papers, sworn affidavits and interviews by BILL O’NEILL (John and Roger Morrison’s 1st cousin)

Former Executive Vice President/General Manager of The New York Post, Former Chief Executive Officer, News International, London, in charge of The Times of London, The Sunday Times, The Sun, The News of the World, Today.

Former Executive Vice President, News America, with responsibilities at the Chicago Sun-Times, Boston Herald, San Antonio- Express-News.

Former Director of News Corporation (owners of Fox News, Fox TV Stations, 20th Century Fox, Wall Street Journal).

Refer.: Wikipedia – Bill O’Neill (media).

This follow-up deals with matters detailed in the summary A Search for Justice in Revelstoke. There is some repetition in the two documents but this is unavoidable. The questions that keep this story alive have more detail in the original. John Morrison has not given up in his search for answers concerning the death of his younger brother. There are too many unanswered questions to write the death off as a suicide. At first glance he has been the big loser in the case. During a few short years he lost his mother, brother, wife, family home, a successful photographic career and his financial resources. His search for answers led him to appealing to just about every legal and government body in Canada. To do this without the money to engage a lawyer is a daunting and probably futile cause, but he kept at it. While John may have been the loser I wouldn’t describe the winner as a winner. There are moral as well as legal factors to consider so you be the judge.

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THESTORYTHATNEVERENDSThisisasequeltotheRogerandJohnMorrisontragedy.Unfortunately,thisisatruestoryandonethatseemstobecomemoreandmoreridiculouswiththepassingof time. Astoryofafamily that has been destroyed by death, deceit and gluttony. A family comprised of twoparents and two sons just like many others out there, perhaps even your own. The onlysurvivingrelative issonJohnyethe, intheeyesofthe law, isNOTnextofkintohisbrother.Soundsridiculousyousay?Itgetsbetter.ForsomeGodforsakenreason,awomanwhoRogerwasmarriedtofor2½shortyearsaftertheysaidtheirvows,hadmovedoutofthematrimonialhome,fileddivorcepapersandplacedliensagainstRoger’spropertiesISconsiderednextofkin.Iaskyouhowyouwouldfeelifyouwereinthesamesituation?

OurjusticesystemisnowcalledtheLegalsystem.Interestingterminologysincethereappearstobeno justice in this story. It has, however, becomevery tiedup in the legal system thatseemstohaveit’sownagendaandfairnessisnotoneofthem.Thescalesofjusticeareheavilytipped to one side and they are not tipping toward John. In this day and age of politicalcorrectness and fear of being sued, the scales do however tip very heavily toward the legalsystemcoveringtheirown.

Since the last post, John has been evicted from his family home of 50 years. The PublicGuardian and Trustee’s office has even sold it and they have been less than forthcoming inkeepingJohnabreastofthesituation.Itisaneye-openingtalewithmany,manyunansweredquestionsyetnooneiswillingtoanswerthem.NottheRCMP,notajudge,notacoroner,noteventhemediawilltakethison.Havewebecomethisplacidofasocietythatnoonewantstochallengeanythinganymore?Haveweallbecomerobotic?

Iurgeanyoneouttherewhoisreadingthisthatifyouknowofsomeonewhoisalawyerorinlawschoolorknowsafriendofafriendthat’salawyertopleaseaskthemtotakeJohn’scase.Therehastobesomeoneouttherewithballsbigenoughtotakethison!Thiscouldbeaveryhighprofilecasewithhighstakes fortherightperson. Pleasehelp inanywayyoucan. Thiscase has the potential to change some laws, laws that you may need one day. Let’s pulltogetherforhumanity’ssakebecauseifthisstoryisanyindicationofwhereweareheaded,Iamtrulyscaredforourfuture.

--VelvetWilliamson,Toronto,Canada

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SAYING GOODBYE TO THE FAMILY HOME ______________________________________________________________________________ On February 1, 1957, John and Violet Morrison boarded the Canadian Pacific 20,000 ton liner Empress of France at Liverpool, England. A week earlier they had left Violet’s hometown of Larne in County Antrim, Ireland, heading for a new life in Canada. They were traveling with their eight-month-old son, John. Their arrival port was St. John, New Brunswick. Violet was the youngest of eight children. Her father, William Kitson, was born in Newburgh, New York, but raised in Ireland. He made multiple trips back to the U.S. and Canada with his cousin, Andy Kitson. No doubt it was William’s colorful stories of life across the Atlantic that ignited Violet’s desire to make her home in Canada. Most of her siblings had left Ireland and settled in Australia.

Andy Kitson headed west for the Canadian goldfields. By 1903 he had made it as far as Revelstoke. The goldrush had petered out. He became something of a local legend as a guide, trapper and prospector. Andy featured in Lewis Freeman’s book Down the Columbia. He worked for Freeman as a guide while the author explored the river. Each summer he would lead a small mule train out of Revelstoke, traveling some 50 miles to the northwest where he had a trapline cabin. In the Fall of 1954 Andy’s horse made it back to town. Snow was falling heavily when he was found in his cabin by a five-man rescue team. Six weeks earlier he had suffered a stroke. His food supply was down to just two days. He had managed to tear the shingles off his porch to keep his fire burning through the freezing nights. Violet paid for an Okanagan helicopter to fly Andy out. It managed the trip flying through blinding snow and transported him to the Queen Victoria Hospital. Andy, who never married, survived all of this but died the next year from an unconnected condition. He was 77 years of age.

Andy, pictured here, had sponsored the Morrison family’s Canadian residence application. The Morrisons moved into Birch Lodge at 815 Mackenzie Avenue. They saved their money and were able to come up with a deposit to buy the house at 218 East Ninth Street. It remained in the Morrison family until sold at the direction of the Estate and Personal Trust Services in September 2016. This

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followed a decision handed down by Judge Donegan removing John Morrison as Executor of his mother’s Will. The rambling four-bedroom house was the Morrison’s castle. Young John was barely into double figures when they moved in. It was the only home Roger knew as he grew up. It was Violet’s pride and joy. It hosted many visiting relatives. My parents stayed there on the two occasions they visited Revelstoke. Violet was pleased she had an asset with some substance to leave to her two sons. She would not have believed what has happened. Stefania Iaccino Morrison files to become Executor of Violet Morrison’s Will Roger’s wife, Stefania Iaccino Kollmann Morrison, asked her attorney, Constance Brothers, to initiate an action to have John Morrison removed as Executor of his mother’s Will. Ms. Brothers’ case was built around the assertion that John Morrison had failed to move the Will to probate and that he had no real intention of doing so. In her client’s application, filed on May 20, 2015 at the Salmon Arms Registry was the following: “I do not believe that John Morrison has any intention of pursuing the administration of his mother’s Estate. In fact it appears to be clear that he feels that the Estate assets do not belong to Roger Morrison’s Estate. In fact it appears to be clear that he feels that the Estate assets, and in particular Violet Morrison’s residence belong entirely to him, and in particular, that half the residue of the Estate does not belong to Roger Morrison’s Estate. It has been 17 months since John Morrison has had possession of Violet Morrison’s Will and has been in a position to complete the application for probate. He has not pursued this diligently.” Stefania concluded her affidavit: “Since my appointment as Executor of the Roger Morrison Estate in February 2013, I have diligently pursued the administration of the Estate, including the sale of our former Family Residence. As a result, I believe that it would be appropriate for me to carry out the administration of Violet Morrison’s Estate, as I will do it diligently and expeditiously.” John Morrison emphatically denies the assertion that he had no intention of selling the family home. He certainly felt Stefania had no moral right to any of the proceeds but acknowledged the law said otherwise. Whether he liked it or not she was legally entitled to Roger’s share. “It is my intention to execute probate when I am able to do so financially and list our home when the market is such that I would gain maximum dollar value.” Part of his plan was to list the property out of province. Events that had resulted in John being short of cash and having difficulty in paying the probate costs were covered in more detail in my A Search For Justice In Revelstoke summary. If the reader is not familiar with that document it can be accessed by Googling the title. John’s income was at zero level following forged letters being sent to his School Board employer and the bogus arrest charges preferred against him by Stefania Iaccino Morrison’s son. Prior to his death Roger Morrison was joint Executor of his mother’s Estate. He could have applied for probate, paid any costs and moved the property for sale in that role. He also had possession of his mother’s Will. The Will’s retention by Constance Brothers was another reason why probate was not actioned following Roger’s death. There were a couple of rulings from the bench that someone outside of the Canadian judicial system has difficulty understanding. The first came from Judge Mark G. Takahashi in a preliminary hearing when he told John Morrison that he could not demand Stefania Iaccino Morrison hand over certain items that had been Violet’s because John was no longer Executor of his mother’s estate. Judge Takahashi said John’s

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role as Executor ended when Constance Brothers filed her application for his removal. John was amazed. “How could that be?” he asked, “the case hasn’t been heard yet.” The judge would not be moved. The first impact coming from this “ruling” was when John attempted to pay the City taxes on the family home. The City refused to accept his payment stating that “the court maintains you are not the Executor.” The dilemma John now faced was the City had set a September 30, 2015 deadline for the taxes to be paid. The lawyer who had acted as an advisor sent payment to the Salmon Arm Court Registry for probate fees. Two bank drafts totaling $5,372 were returned to his office for the same reason the City had refused the money sent to them. The City went ahead with a tax-default sale and the house was sold for $26,000. A mistake by the City on how much was actually owed prevented the sale from going through. They announced that it would be re-listed in September 2016 if the taxes were not paid by then. Was John Morrison denied the right to present his case? The other ruling I found unusual was when Judge Donegan removed John Morrison as Executor of his mother’s Will and replaced him with the Estate and Personal Trust Services. At a conference call held on November 3, 2015, Judge Donegan heard the submission from Constance Brothers, Stefania’s lawyer. Brothers laid down the case for having John Morrison removed. Judge Donegan was in Kamloops, Constance Brothers in her Revelstoke office and Robert Lundberg, who was advising John Morrison, in his. When Brothers had finished the judge adjourned the call. Parties were advised the hearing would be resumed early in the New Year. John Morrison went to the court on January 25, 2016, prepared to respond to Brothers’ submission. He was surprised when Judge Donegan announced she was now ready to give her decision. He said he had not been given a chance to speak. It didn’t matter. The judge proceeded to replace him as Executor with the Public Trustee. She also said John had 90 days to vacate the house. Anderson serves notice to vacate What John didn’t realize was the clock started ticking with the judge’s decision. On March 16, 2016 he received an email from Brad Anderson, the attorney with the Public Guardian and Trustee office. The email hadn’t been sent to John but to Constance Brothers. It got to John from Brothers via Robert Lundberg’s office. The email was blunt and to the point, as emails tend to be. It was sent with the assumption that Robert Lundberg was John Morrison’s lawyer. In fact, he was not. The email said: “Mr. Lundberg: Please advise Mr. Morrison that he must vacate the premises on or before April 25, 2016. Our investigators will attend on April 26 with a locksmith and the locks will be changed and the property secured. Our investigators will be traveling from Kelowna and incurring expenses (billed to the estate) so it is important that Mr. Morrison comply with the timelines. “Mr. Morrison must remove all his personal items prior to that date and leave any property belonging to the deceased. Anything remaining will be deemed to belong to the deceased. If Mr. Morrison leaves earlier please advise and we will make alternative arrangements. “I note costs were granted to Stefania payable by John personally. I trust you will settle the account of the costs and the payment thereof between you. If payment is to come from John’s share of the estate we will require a direction to pay signed by John.

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“Going forward, Cindy Wong will be handling all administrative matters for the estate. Cindy will be your (or your client’s) primary point of contact. For any unresolved legal matters you may contact me directly. “Brad Anderson.” And this will happen if you don’t go Another email from Mr. Anderson, dated March 30, 2016, was even blunter. It said, in part: “If John Morrison does not vacate voluntarily, and it is necessary to obtain a Writ of Possession and/or attend with the sheriffs, those costs will be charged against John Morrison’s share of the estate. “The legal costs to obtain a Writ of Possession and the costs of the sheriff or bailiff could exceed $5,000.”

Violet and Roger Morrison in the living room of the family home at 218 East Ninth Street, just prior to Christmas 1978.

Gathering up a lifetime of memories After reading these emails John realized he had just over a month to pack up his belongings. Where would he put them? Each room had memories dating back more than 50 years. At no time did he consider resisting the eviction order. For all the years he had been in Revelstoke this was where he rested his head at night. This was home. Now, after April 25, he would never set foot in it again. He wondered what his mother would think. It was a good thing she wasn’t around to see what was happening. This was the home she and husband, Jack, had worked so hard to own. For more than 30 years she carried on after his death. One thing is certain. If she had been alive Stefania would never have received a dime. It was meant for her two sons, not an outsider with no real connection to the family.

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John rented five storage units and began ferrying his property to them. He made countless trips but on the eve of the eviction there was still a lot to move. He worked through the night assisted by friends and folk he had never met before. One young pizza delivery man turned up and helped load John’s belongings. At 2.30 am they called it a day. Despite that, the trustee people posted a notice on the front door the next day saying that John Morrison had failed to vacate the premises and would face a $5,000 fine. Friends came forward with offers of accommodation. He still had the photographic studio and replaced his landline with a cell phone. He was able to connect his computer and operate it from the studio. The foundation to rebuild his photographic career had started to function in a far different setting. He drove by the house on the morning of April 26. Police cars were parked surrounding it. “I guess they thought I wouldn’t come out without a fight and positioned themselves accordingly,” he recalls. But they had misjudged him once again. At no time had he considered not obeying the directive. He didn’t like it and thought it outrageous but he maintained self control. Don’t worry, the Estate will pick up the bills “Why did the trustee bring locksmiths from Kelowna? We have locksmiths here in Revelstoke. But then what the heck, they won’t care. All expenses they rack up will come out of the proceeds when the house is sold.” On another evening he drove by the empty house. Most of the interior lights were on. “Who pays for that?” he thought. “The Estate of course,” he answered to himself. As spring turned into summer the grass began to grow. John wasn’t allowed to go near it and the house was starting to look more and more derelict. Not the way to get top dollar in a sale. Word of what was happening started to spread around the city. Within days a website had been created and a petition launched with 296 signing. A fund was established to help John pay for legal assistance. Over $2,000 was donated. The story began to feature on Facebook with supportive comments coming from across Canada, Ireland, the United States and Australia. There were over 800 “shares” in one day. The Revelstoke Current again featured the story as its lead article. The Current’s online edition attracted higher than usual numbers. Some of the attached readers’ comments were so blunt the editor had to urge caution and restraint. John has been amazed at the number of people who have approached him when he has been in the grocery store or around the town. Some he has never met before. Uniformly they expressed their astonishment at what was happening and voiced their support. Come back to the U.S.A. I urged John to return to the United States and rebuild his career, where we would be in a better position to help him. He would have none of that. He was emphatic that Revelstoke was where he wanted to be. It was where he had grown up. It is where he intends to rebuild his life. Going back to the U.S. would have presented problems. When he returned to Canada to look after his ailing mother he had relinquished what American immigration authorities designate as his “primary residence.” He has now been outside of the U.S. for more than a decade and that means automatic forfeiture of his Green Card which gave him residence and the right to work. He realized at the time of his return to Canada that this could happen but being with his Mom and at Roger’s urging, he made the move anyway.

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FAMILY HOME RENT DEMAND ______________________________________________________________________________ It was 2006 before John was able to make arrangements to sell his house in California, pack up his possessions and head north to Canada. Roger Morrison’s marriage to Patricia Dybvig Morrison came to an end before John left the States. Patricia was Roger’s second wife and had supported him while he studied for his medical license and during his internship after graduating. Their marriage came to an end when Stefania Iaccino, a care aide at the Revelstoke Hospital, began a relationship with him. Patricia approached Ms. Iaccino and asked her to stay away from her husband but it had no effect. Roger and Patricia divorced on August 27, 2005. They had been married for eighteen years and Roger would never have made it through medical school had it not been for the emotional and financial support that Patricia provided. She left without alimony or any other type of payment. Much of Roger’s Estate, which Stefania now manages, was built by Patricia’s hard work. She has remarried and is getting on with her life in Vancouver. Violet and John were both upset when the divorce took place. Patricia had been everything a daughter-in-law could be. I visited Revelstoke with my wife in July 2004. Violet was in a wheelchair and Patricia pushed it down to Emo’s Restaurant where we had lunch. Roger joined us. The rift between them was not apparent to us and we certainly were not told of Roger’s affair with Miss Iaccino, in fact we had never heard of her. Roger was unusually quiet and we left not knowing they would be divorced in just over twelve months. The break-up of their marriage certainly had no effect on the way Patricia looked after Violet. We could not be anything but impressed by the attention she paid to her. That was the last time we saw Patricia. Roger had been particularly persuasive when it came to convincing John to give up his life and career in the United States and move back as caregiver to their mother. There were positive reasons why he should come home. His occupancy in the family home would remove the escalation in insurance premiums. Empty houses cost more to insure. Besides that, the house was old and old houses require constant maintenance. When small repairs are not attended to they have a tendency to become a lot bigger. Folk living in Revelstoke have to get up on their roofs during the winters to regularly shovel off the snow. Failure to do this can bring on serious consequences, even a roof collapse. John was often up shoveling above the porch area. The thought of John paying rent was ridiculous. He would be paying plenty just by coming back. Anyway, the question of rent was never raised by Roger. He wouldn’t want to raise it even if he had thought about it. If he had, that may have killed any prospect of John leaving the States. Having John on hand to tend to their mother in her declining years absolved Roger from any guilt complex. His medical practice with the Selkirk Medical Group was keeping him busy. He didn’t have the time to keep an eye on his mother and check on the condition of her house. Even after Violet moved from Moberly Manor to the Mt. Cartier Court wing of the Revelstoke Queen Victoria Hospital the need for John to be in residence at the family home remained. He would bring her back to the house three or four times a week. She loved being in familiar surroundings.

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Roger was somewhat despondent after his divorce from Patricia. He reflected on the years he and Patricia struggled to make ends meet. They were living in Toronto while Roger attended McMaster University. She was by his side when he graduated with honors in 1995. He then had degrees as a medical physician as well as a chiropractor. “Where am I going to find someone I could spend my life with?” he asked John. “Why don’t you look using the Internet,” John replied. “Maybe you should look further afield.” Roger took the advice and eventually made a connection with Kathy Bottone, Crime Scene Analyst with the Police Department in Boulder, Colorado. They seemed to click. Roger flew to Boulder to meet her and after that he had her come to Revelstoke so she could meet Violet and John. The four of them got on well. Roger initiated moves to clear any immigration hurdles that would allow her to seek employment in Canadian law enforcement. He flew down to Boulder where they married. Not everyone was happy with what was happening, particularly a care aide at the Revelstoke Hospital. Kathy Bottone’s marriage to Roger Morrison came to an end after she received a phone call from Revelstoke. The caller told Kathy that she had been in a sexual relationship with Roger even after Kathy and Roger became engaged. The marriage was over by the time Kathy hung up the phone. Kathy Bottone would have been an interesting person to have taken a look at the events surrounding Roger’s death. She had all the qualifications and experience necessary to come up with the right answers. Some months ago John tried to contact her. She didn’t respond. Her very short marriage is obviously something she wants to put a long long way behind her. On August 9, 2008, Roger married Stefania Iaccino. The relationship between the two brothers started to go downhill from that day. Stefania dreams up a new demand The question of John paying rent to live in the family home came up on May 20, 2015 when Constance Brothers filed an affidavit on behalf of Stefania. It read, in part: “The Estate of Roger Morrison takes the position that John Morrison should have been paying some form of occupation rent while residing in his mother’s residence from 2005 to March 2016. If we were to take a conservative estimate of the rental value of the property at $1200 per month over 135 months since 2005, this would amount to $162,000, half of which would have been payable to the late Roger Morrison and/or his Estate Even if we were to take the time period since Ms. [sic.] Morrison’s death in September 2011, this would amount to over 52 months or $63,000, half of which would have been payable to the late Roger Morrison and/or his Estate. “For the sake of settling the claims in para 4(a) and 4(b) herein only, and on a without prejudice basis, Ms. Morrison indicates that she would be prepared to accept the sum of $30,000, which sum must be payable from John Morrison’s distribution of the Estate. If we are unable to arrive at a settlement, Ms. Morrison as Executor of the Estate of Roger Morrison will be commencing an action against John Morrison and the Estate for the full amount owing with respect to the claims under 4(a) and 4(b). “I would appreciate hearing from you with respect to the above by Monday, August 15, 2016, failing which we will assume there is no agreement and will proceed accordingly. “Yours sincerely, “Connie Brothers.”

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John Morrison rejected the proposal. Incidentally, the above demand would have taken in all of 2005. John Morrison didn’t return to Canada until 2006 so Stefania also wants him to pay her rent while he was still living in California. It is a wonder Stefania hasn’t sent a bill for rent to Roger’s second wife, Patricia. For almost a full year before she and Roger divorced, Patricia lived in Violet’s home. This was after it had become apparent to Patricia that she had lost Roger to his new girlfriend. Living with him in those circumstances was not pleasant.

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THE NEED FOR AN AUTOPSY _____________________________________________________________________________________ The death of Dr. Roger Morrison was ruled a suicide almost immediately after Sergeant Kim Hall of the Royal Canadian Mounted Police arrived at his home on River Bluff Road in the upscale section of Revelstoke. It was late in the afternoon of Friday, November 9, 2012. While the suicide decision was final as far as Sergeant Hall and her contingent were concerned it has never been accepted by John Morrison, brother of the deceased. His perseverance in the search for answers won him no friends with the RCMP or officials at the Coroner’s office. He had dwindling financial resources and faced years of court hearings but his determination remains rock-solid. Among the unanswered questions he has lived with included:

• Was there an autopsy? He had been told by Tim Loader, the community coroner, that a complex autopsy would be performed. That was on the Sunday evening. Next day, before Gary Sulz, the Revelstoke undertaker, could arrange transportation to the coroner’s office in Vernon, he was told the autopsy had been canceled. The decision not to have an autopsy was made by regional coroner, Larry Marzinzik. John complained to the BC Chief Coroner, Lisa Lapointe, and on Friday, November 23, 2012, she wrote to him: “After reviewing and considering all of the information available about the circumstances of your brother’s death and in discussion with the regional coroner and Deputy Chief Coroner, Operations, it was determined that sufficient information existed to reasonably establish both cause and manner of death without an autopsy.” She added that toxicology testing had been ordered. Roger was buried the following day, Saturday, November 24, 2012. In the New Year, Natalie Clancy and a film crew from CBC’s National Program, arrived in Revelstoke to cover Roger’s death and the decline in autopsies in British Columbia. This would be included in a three-part series broadcast nationally beginning on February 4, 2013. During the interview with Gary Sulz, the undertaker, said he thought an autopsy should have taken place. While he agreed with the police version that Roger’s death had probably been a suicide, he said “nothing was standard.” That interview can be seen by accessing the program at http://www.cbc.ca/news/canada/british-columbia/deceased-doctor-s-family-question-cancelled-autopsy-1.1339091(If you have trouble opening it, try Ctrl Click). Tim Loader, the community coroner, told John Morrison he could not talk to him as he was not next-of-kin. On March 31, 2016, John wrote to the Honorable Suzanne Anton, British Columbia Minister of Justice and Attorney General regarding the investigation into Roger Morrison’s death. Her office responded that his inquiry was being directed to the Policing and Security Branch of the Ministry of Public Safety and Solicitor General for reply. He was told it was also going to the Coroner’s Service of British Columbia.

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On Wednesday, June 1, 2016, Chief Coroner Lisa Lapointe wrote to him for a second time. More than four years had passed. This letter was somewhat different. She wrote: “Roger Morrison’s death was reported to Coroner Loader on November 9, 2012. Mr. Loader was unable to attend the scene of the death however, as permitted by the Coroners Act he authorized the RCMP to examine the deceased and the scene of death on his behalf. The coroner communicated with the police at the scene by phone, and was satisfied that all necessary information was gathered and necessary photos were taken. Subsequently, the coroner viewed the body at the funeral home and conducted a careful examination.” Her previous letter was written the day before Roger’s funeral. It made no mention of Loader conducting an examination at the funeral home. If he did why didn’t she mention it four years earlier and why didn’t Gary Sulz raise it during his CBC interview sometime before February 4, 2013? Chief Coroner Lapointe’s June 2016 letter also said: “The coroner [Loader] was satisfied, after review of all information gathered by the RCMP, his own examination of the deceased, and additional information gathered during his subsequent investigation, that there was no evidence supporting foul play.” She concluded: “Though you continue to raise possibilities about your brother’s death there has been no new information presented to suggest that the material findings made [by] the coroner are inaccurate.” There certainly was no autopsy. Whether a “careful examination of the body at the funeral home” was ever conducted is another separate question. A complex autopsy would have answered a number of the questions that remain troubling.

Dr. Roger Morrison’s grave in the Revelstoke Cemetery. This photo was taken more than three-and-a-half years after his

death. A headstone or marker had not been erected.

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REACHING OUT TO AN ATTORNEY _____________________________________________________________________________ There is no doubt a lot of what has occurred both in court and out of it would have been very different if John Morrison had retained a lawyer early on. His problem was cash, or more to the point, the lack of it. Robert Lundberg acted as an advisor early on but mostly it was John representing himself. He knows a lot more about the law now than before Roger’s death, but the learning came at quite a cost. There is an old saying that anyone who represents themselves in court has a fool for a client. That’s not meant as a reflection on John because he virtually had no cash and no choice. He made a number of approaches to high caliber attorneys both in the Revelstoke area and beyond. His inquiries just about always initially generated high interest but no results. Two of the lawyers he approached were Queen’s Counsel. This is a title granted to a lawyer with an outstanding reputation. They are appointed by the Queen of England to be one of “Her Majesty’s Counsel learned in the law.” The title is used in Commonwealth countries, particularly Canada and Australia, as well as the United Kingdom. “An enormous number of issues” One prominent out-of-town lawyer told John: “You have raised an enormous number of issues, which from my review of the material you have sent, would take years to litigate; be entirely cost prohibitive to litigate, and for which the necessary evidence is most likely unobtainable in a form acceptable as evidence in a trial. “I appreciate your feelings towards the events that have transpired. In these types of matters many participants are often left unsatisfied unfortunately, but expectations must be tempered with the reality of the legal process, and the financial and emotional cost involved in dealing with such issues.” This became something of a standard reply from the lawyers he approached. The issues were too many, the complexity too great. The resources needed to deal with them exceeded the people they had available. They almost always concluded by offering their best wishes. “If I had a dollar for every time I was offered their best wishes I would be a rich man,” John said. He was prepared to settle with them after the sale of the family house but there was little to no interest in a contingency fee arrangement. No legal representation allowed time for appeals to run out If John had had counsel when Judge Takahashi told him he was no longer the Executor of Violet’s Will it would almost certainly have been challenged. On what authority did a Provincial Court judge have to comment – and in effect rule – on a Supreme Court matter? When Judge Donegan issued her ruling appointing the Public Trustee as Executor in place of John, an appeal could have been launched. John had no legal advice on what could be done. The parties have 30 days to appeal such a decision to the Court of Appeal. Her decision was made back in January 2016.

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John considered challenging Stefania’s appointment as Executor of Roger Morrison’s Estate in February 2013. He had no legal advice and again, was unaware of the time allowed for an appeal. That was over three years ago. I have no doubt a lawyer would have had the bogus assault charges dismissed the very night they were brought against him by Stefania’s son, Josef Kollmann. The time to act on many of the problems raised since Roger’s death has expired. The system requires competent representation if it is to work. If you can’t afford that representation then you have little chance of proving your point. The $2,000 raised in donations by concerned Revelstoke citizens to allow John to engage counsel was a magnificent gesture but most of the lawyers he approached wanted at least $5,000 before they would even give a formal opinion of any of the issues he brought to them.

August 1958: Violet and Jackie Morrison with their nephew, Bill O’Neill. The youngster is two-year-old John Morrison.

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WAITING ON THE RCMP REPORT

______________________________________________________________________________ Almost four years after Dr. Roger Morrison’s death, the long awaited report from the Royal Canadian Mounted Police may be soon available to his brother. His past attempts to get answers have been unsuccessful. That may be about to change. John was advised of Roger’s death in the evening of November 9, 2012, when RCMP Constables Gordon Just and Sharp arrived at his front door. He was given few details and told that another officer would give him a fuller briefing in the days ahead. Sergeant Kim Hall claimed to have called him but John says there was no such call. He spoke with Staff Sergeant Olson who refused to give him any information “as you are not next of kin.” After he wrote complaining to the Civilian Review and Complaints Commission (CRCC) for the RCMP he was contacted by Sergeant Don Smawley of E Division in Kelowna. Smawley conducted interviews with John relating to his complaint. One thing he did confirm for John was that a Kelowna-based forensic team had not been sent to Revelstoke the night Roger’s body was found. This contradicted the Revelstoke police who had said the house had been released only after the forensic team had finished their inspection. Staff Sergeant Kurt Grabinsky of the Revelstoke detachment was required to give John a monthly report on the progress of his investigation. John asked Grabinsky who had been interviewed. Grabinsky replied that he was not required to answer him but then added that he had spoken with all persons he felt were relevant to the investigation. He said his report had now been completed and John would be sent a copy after it had been reviewed at different levels in Ottawa. The monthly updates stopped coming after June 29, 2015. John waited over a year for Grabinsky’s report and again complained to the CRCC. He was told that this complaint was beyond the 12-month time limit but the Commission would make an exception and allow it to go forward as a formal complaint. This apparently carries more weight than a public complaint. On August 23, 2016 John received a call from Sergeant Scott West of the Salmon Arm RCMP detachment. He had obviously been designated to interview John. This was in line with the police format when Sergeant Smawley of the Kelowna detachment questioned John about his original complaint. This complaint centered on Sergeant Grabinsky’s failure to provide monthly updates of his imvestigation. Grabinsky’s final investigation report dealing with Roger Morrison’s death had been promised fourteen months earlier. Sergeant West told John that he had spoken with Sergeant Grabinsky who had apologized for failing to send the monthly updates. West said Grabinsky’s report “was in the works and subject to review by various offices before it could be sent to him.” It is hoped that the report will be thorough and provide answers to questions that have swirled around the initial assertion that Roger Morrison had “obviously committed suicide.” Here is a sample of the questions John Morrison hopes this long-awaited report will address:

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• Why was the house released to Stefania Morrison just six hours after the body was discovered?

• Was Sergeant Smawley’s information incorrect and a forensic team did travel to Revelstoke from Kelowna?

• If they did, how were they able make the roundtrip and complete the forensic examination

within the six hours from when the body was found until Revelstoke officers released the house to Stefania Morrison?

• If the forensic team didn’t come, why did they say that it did?

• What medical knowledge did the attending officers have that allowed them to confer with

Coroner Loader on the condition and placement of the body?

• Why did the RCMP collect three bags of empty pill bottles and ampules they said were surrounding the body and take them to a local business for disposal?

• Were these empty pill bottles and ampules checked for fingerprints? (The contents of these

items did not show up in the toxicology report. Did the RCMP ever consider they may have been part of some sort of staging? If not, why were they strewn around the body?)

• Why was the blood-stained Henckel steak knife, found in the upstairs bathroom, also taken

to a local business for disposal? (The RCMP went back later and retrieved the knife).

• Why wasn’t this knife checked for fingerprints?

• Were the incisions in Roger Morrison’s wrists precise? (Tough to do with a Henckel knife).

• Coroner Loader’s report said “a second knife with blood residue was found on the bedroom floor.” Was this knife tested for fingerprints?

• What happened to that knife? Was it retained in the evidence box?

• Where was the 18-page ‘suicide note’ found?

• Who verified the signature and handwriting? Was a second opinion of them sought?

• If such a note existed, when was it written? (Roger’s colleagues said he was certainly not

exhibiting suicidal tendencies prior to his death but if he wrote the note, say in 2010, when he was in the depths of depression, that would be a different scenario).

• Why would Roger’s car have been parked by the Illecillewaet River Bridge for three days

prior to his death?

• Was the Coroner’s report that gave time of death and said: “A thorough investigation was conducted by the Revelstoke RCMP in conjunction with the E-Division Major Crime Unit” credible?

• Could it be credible when the RCMP officers speculated death had occurred several hours

before the body was found and this was then corrected when the undertaker said it happened on the day previous, around 24 hours earlier?

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• When was the blood drawn for the toxicology analysis?

• Who drew the blood and what qualifications or medical training did they have to do this?

• Did RCMP officers take photographs inside the house before it was released to Stefania Morrison?

• John Morrison had two in-depth interviews with the senior RCMP officers – Smawley and

West -- relating to his complaints concerning the assertion that the investigation had not been carried out properly. If it had ever been considered he had a role, that would have surfaced in these unrelated interviews. Was Stefania Morrison, the deceased’s estranged spouse ever interviewed, if not, why not?

• John Morrison gave RCMP officers a list of persons who are prepared to contribute to the

investigation using their personal interaction with Roger Morrison. How many, if any, were interviewed?

• RCMP officers gained access to the River Bluff Road house on November 9, 2011. They

were given a key by Stefania Morrison. Why did they not get similar access on the Sunday evening, November 4, when they responded to her 911 call with the intention of arresting Roger Morrison? (She was available and had a key).

• Was Stefania Morrison asked why she told police “her husband hadn’t been seen for

several days” when she was seen dining with him the night before his death?

• Why didn’t the police arrest Josef Kollmann and Stevie Schurdevin for their false and malicious charges which led to John Morrison’s bogus arrest?

• Why was Josef Kollmann not questioned about the incendiary comments he made about

John Morrison at the Nomad Café that were reported to RCMP Constable Gordon Just?

• Did any credible type of investigation ever take place or was the matter closed because “Roger Morrison was known to be in a volatile relationship with his estranged wife” and suicide the logical cause? (The “volatile” description came from correspondence written by Chief Superintendent Michael Sekela, District Commander, SE District, “E” Division).

At many levels of this saga, both John and Roger Morrison have been portrayed as “loose cannons” and prone to rage and temper tantrums. It is far from an accurate description of either of them. Roger went through a particularly dark period when he turned to steroids and used too much liquor. But he was over all of that. He had rebuilt his life. His income was moving up. He was back practicing medicine, the thing he loved. He was negotiating to buy a medical practice from a colleague. He had fixed up his other health issues by having a hip replacement and corrective eye surgery. Is this the picture of someone who would carve himself up with a Henckel steak knife? Besides, wouldn’t a doctor, intent on committing suicide, be more inclined to use a scalpel? If the RCMP maintains Roger’s death was a suicide and there is nothing to investigate why has it taken more than a two years to table their report? Sergeant West said the report “was in the works and subject to review by various offices” before it could be released A report that contains nothing shouldn’t take that long. In fairness, we should wait until the report is available before making any sort of a comment.

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WHAT’S HAPPENING WITH THE HOUSE? ______________________________________________________________________________

On September 8, 2016, John received an email from Robert Magnusson of the Trustee’s office. It was in response to an email he had sent to Cindy Wong asking if his mother’s house had been sold. He had heard earlier that Constance Brothers said the house had been sold. Mr. Magnusson wrote: “Thank you for your email. Ms. Wong forwarded it to my attention for reply. “Your mother’s property has not been sold yet. The Public Guardian and Trustee (PGT) had listed the property for sale in August and recently entered into an agreement for sale. The property subjects have been signed off and we anticipate the pending sale will complete shortly as planned. We normally inform heirs/beneficiaries of the sale of a significant asset after the sale completes. I appreciate your disappointment in finding out about the potential sale from people whom you are in dispute. “Our responsibility for your mother’s estate is to administer the estate objectively and fairly with all parties involved (ie: creditors, beneficiaries, etc). There are 2 beneficiaries of your mother’s estate: yourself and the estate of your brother. Our responsibility is to treat each beneficiary fairly and we will continue to do so. “Thank you for sharing that you and your brother’s estate are discussing outstanding disputes including occupational rent.

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“Our objective viewpoint is that you did receive a direct benefit of occupying your mother’s house after her passing. We see situations like this from time to time and it is reasonable for some consideration for an occupational rental amount during the period of extended occupancy of an estate property by a family member. “Our viewpoint is that disputes should be resolved between the beneficiaries then, afterwards, the beneficiaries present their agreement to the PGT. “If there is no agreement by the beneficiaries by the time the estate is ready to be wrapped up then PGT will analyze the issue and draft what we see is a fair proposal of resolution of the issue to the beneficiaries. We normally submit such a proposal with the Statement of Distribution schedule and Releases. If the PGT proposal is not accepted by the beneficiaries then PGT have a number of further options available to bring closure of the estate’s administration. I hope this provides clarity.” But this was not exactly what seems to have happened A day or so after John received Mr. Magnusson’s email he was told by a neighbor that the new owners had introduced themselves and that renovation work seemed to be underway in his mother’s house. He couldn’t believe what he was hearing. He had only just read “Your mother’s property has not been sold yet.” He emailed the Trustee’s office for clarification. “Mr. Magnusson, a neighbor informed me the new couple introduced themselves as the new owners and several people have informed me renovations have begun at 218 Ninth Street East. When in fact is the closing date and how is it demolition has begun when I have heard nothing from you?” Mr. Magnusson did not reply. John also sent an email to Cindy Wong, the PGT’s Estate Administrator, asking her when the sale would be completed. Ms. Wong’s one-line reply said: “The completion date was last Friday, September 9, 2016.”

There was no mention of what the sale price was. Witnesses advised John that they had seen a dumpster in the yard. It was full of material “and that there was no way it could have been filled in a day or two.” The witnesses said these sightings were “around the 8th or 9th of September.” The Public Guardian and Trustee’s website claims it is “the modern manifestation of a centuries-old tradition in the British judicial system of an independent body appointed to protect those who cannot protect themselves.” Noble ideals, particularly when it goes on to say “The Public Guardian and Trustee of British Columbia’s public interest role is to ensure that private interests are protected.” Their vision statement asserts “We act in accordance with the highest ethical, legal and personal standards” and “We treat clients, family and friends in a courteous, respectful manner.” Mr. Magnusson wrote to John, as appears above, “We normally inform heirs/beneficiaries of the sale of a significant asset after the sale completes.”

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Ms. Wong said the sale was completed on September 9. John sent his two emails on September 14. Her response was five days after the completion and only then because of John’s question. How long would it have taken if he hadn’t been pressing for answers? What happened to their “normal practice”? When you look at the tone of letters from Mr. Brad Anderson relating to his demand that John remove himself from the house prior to April 25; the lack of communication from Ms. Wong during the whole pre-sale process; the statement from Mr. Magnusson on the eve of completion, it would be fair to assume they owe John Morrison an apology. He’s not holding his breath. Last March I compiled the summary titled A Search For Justice In Revelstoke. I put this together for a couple of reasons. Firstly, Violet Morrison was my aunt. John and Roger my cousins. Secondly, when John told me what was going on I had difficulty sorting it all out in my mind. There were so many different parts. The alleged suicide. The canceled autopsy. The judge telling John he was no longer executor of his mother’s Will. His removal as executor by another judge before he had a chance to present his case. The forged letters. His false arrest. It seemed to go on and on. Now there is the Trustee’s role. Why was Mr. Anderson’s communications regarding John vacating the house so aggressive? Had he been led to believe John would resist the order? I was equally surprised when I read Mr. Magnusson’s statement relative to this recent demand for rent. He said: “Our objective viewpoint is that you [John Morrison] did receive a direct benefit of occupying your mother’s house after her passing.” Is this another instance where an assumption is made before all the facts are presented? Is Mr. Magnusson aware of the cost John Morrison paid when he agreed to his brother’s appeal that he return to Canada and move into the house. By being in the house he was helping his brother both emotionally and financially. He had given up an advancing photographic career in the United States to become a utility worker at the local school -- hardly a good career move. I suppose the PGT’s “objective viewpoint” is in line with a judge acting before bothering to hear John’s side of the case where he was removed as executor. I didn’t anticipate writing this follow-up but as Ms. Williamson says in her intro it is The Story That Never Ends.” I hope he can engage an attorney. The sale should give him some financial resources to do that. This has been a one-sided battle for too long. Is there any sign of him finding justice? I think not. Did Roger commit suicide? Possibly. Is there a darker side to events surrounding his death? Possibly. One can hope that Sergeant Grabinsky’s long awaited report will shine new light on troubling questions. In the court system John has been on his own. In the public forum he has many many supporters. That is one positive thing to have emerged from all of this.

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