The David and Joyce Milgaard law

 POST SCRIPT TO INNOCENCE  CANADA PRESS CONFERENCE

Photos by Stephen Weir

Minister of Justice Arif Virani, Susan Milgaard (PICTURED ABOVE), and Innocence Canada co-founder James Lockyer address the press at Innocence Canada in Toronto to celebrate Bill C-40, the Miscarriage of Justice Act.

Named after David and Joyce Milgaard, this landmark law replaces the Ministerial Review process with an independent commission to examine wrongful convictions—a historic victory 31 years in the making for the wrongly convicted.

Minister of Justice Arif Virani

Innocence Canada co-founder James Lockyer

 Thursday Press Conference

Miscarriage of Justice Act

 This morning (Wednesday 18 May) Bill C-40, the Miscarriage of Justice Act known as David and Joyce Milgaard’s  Law; came into force. It makes drastic change to the Criminal Code and creates a new tribunal or commission to address all claims of wrongful conviction. It eliminates our present Ministerial Review process that has for more than 100 years been the only resort for the wrongly convicted.

Tomorrow morning at 10:00 a.m., Minister Arif Virani and Susan Milgaard, David’s sister, will be holding a press conference at the Innocence Canada’s offices at 106 Front Street East, Suite 301, in Toronto. James Lockyer of Innocence Canada will also be in attendance.

The press conference will explain and celebrate this important legislation which is wonderful news for the wrongly convicted. Innocence Canada have been advocating for the creation of a new commission for 31 years and we are delighted that Minister Virani and his predecessor, David Lametti, guided this legislation through Parliament.

It’s a bittersweet day for Susan Milgaard. Her brother and her mother, who fought so hard for this law, are no longer with us. But Susan is delighted that the law is named after David and Joyce.

Susan Milgaard said today:

“My mother and my brother will be looking down on us and celebrating this new law. I am very grateful it is named after them. They did so much to get this law passed because they were dedicated to the cause of all the innocent people in prison who had no good place to seek justice. Now they will have a place to go.”

James Lockyer said:

“Today is a great day for all those wrongly convicted. Innocence Canada has been advocating for this law for more than 30 years. It will bring Canada in line with other countries that already have a similar commission and be a sea change for the wrongly convicted and the Canadian criminal justice system.”

Members of the media are asked to contact the Department of Justice’s Media Relations at media@justice.gc.ca to receive event location details and confirm their attendance. Media representatives are asked to arrive 15 minutes before the start of the press conference.

 

For further information, please contact:

James Lockyer at 416-613-0416 or jwilockyer@yahoo.ca

Stephanie Nowak at 416-504-7500 x 100 or snowak@innocencecanada.com

Issued by
STEPHEN WEIR
Stephen Weir & Associates | stephen@stephenweir.com 

Mailman and Gillespie will be appearing before Chief Justice Tracey DeWare of the King’s Bench Court re: murder

Bench Court today 40 years after they were charged and convicted in the murder of George Leeman

­­­­­­­­­­­­­­­___________________________________________________________ 

Innocence Canada is announcing that this afternoon, Thursday, January 4, 2024, at 1:30 p.m., Robert (Bobby) Mailman and Walter (Wally) Gillespie will be appearing before Chief Justice Tracey DeWare of the King’s Bench Court in Saint John, New Brunswick, 40 years after they were charged and convicted in the murder of George Leeman.

 

On November 30, 1983, Mr. Leeman’s body was found by a jogger in a wooded area in Rockwood Park, Saint John.  Mr. Leeman was the victim of a significant beating, and his body was partially burned.  Mr. Leeman was living in Saint John in a rooming house when he was murdered.

 

Between January 19 and 21, 1984, the Saint John Police Service charged Wally Gillespie and Bobby Mailman with the murder.  

 

Mr. Gillespie and Mr. Mailman both had strong alibis with multiple witnesses placing them kilometers from the crime scene on the day of the murder.  Nevertheless, they were convicted of the murder on May 11, 1984.  Both were sentenced to life imprisonment without parole eligibility for at least 18 years.  Not for one day since then have they wavered in insisting on their innocence.

 

Mr. Mailman who served 18 years in prison, sadly, is terminally ill.  He is 76 years of age.  He also lives in Saint John. Mr. Gillespie served 21 years of his life sentence in prison and is presently living in a halfway house in Saint John.  He is now 80 years of age. 

 

On December 22, 2023, Justice Minister Arif Virani quashed the murder convictions of both men on the grounds that there was a reasonable basis to conclude that a miscarriage of justice likely occurred in their case. The Minister directed new trials for both.

 

Tomorrow at 1:30 p.m. will be Mr. Mailman and Mr. Gillespie’s first appearance in court since the Minister’s decision. As noted, they will be appearing before the Chief Justice at 1:30 p.m. The courthouse is located at 10 Peel Plaza in Saint John. Mr. Mailman and Mr. Gillespie will be accompanied by Innocence Canada counsel Jerome Kennedy and James Lockyer. 

  

Murder convictions of Robert Mailman and Walter Gillespie quashed

Justice Minister Quashes Murder Convictions of Two New Brunswick Men Convicted of a Murder 40 Years Ago

Innocence Canada is announcing that this afternoon, Justice Minister Arif Virani quashed the murder convictions of Robert (Bobby) Mailman and Walter (Wally) Gillespie 40 years after they were charged and convicted in the murder of George Leeman in Saint John, New Brunswick.

On November 30, 1983, Mr. Leeman’s body was found by a jogger in a wooded area in Rockwood Park, Saint John. Mr. Leeman was the victim of a significant beating by one or more weapons and his body was partially burned. Mr. Leeman was living in Saint John in a rooming house when he was murdered.

Between January 19 and 21, 1984, the Saint John Police Service charged Wally Gillespie and Bobby Mailman with the murder. They also charged a third person, Janet Shatford, with the murder. Ms. Shatford subsequently pleaded guilty to manslaughter.

Mr. Gillespie and Mr. Mailman both had strong alibis with multiple witnesses placing them far from the crime scene on the day of the murder. Nevertheless, they were convicted of the murder on May 11, 1984. Both were sentenced to life imprisonment without parole eligibility for at least 18 years. Not for one day have they wavered in insisting on their innocence.

Mr. Gillespie served 21 years of his life sentence in prison and is presently living in a halfway house in Saint John. He is now 81 years of age. Mr. Mailman who served 18 years in prison, sadly, is terminally ill. He is 76 years of age. He also lives in Saint John.

Innocence Canada has worked on their case for many years. We worked alongside Gary Dimmock, formerly a journalist with the Saint John Telegraph-Journal, now with the Ottawa Citizen. Mr. Dimmock investigated the case before Innocence Canada came to it and always believed in Mr. Mailman and Mr. Gillespie’s innocence. He deserves great credit for his work on their case.

Innocence Canada is grateful to Minister Virani for realizing the urgency of the case and giving his decision today to quash the convictions of both men and directing a new trial. We hope Mr. Mailman will be able to appear in the King’s Bench in Saint John in the near future as a result of the Minister’s Order.

Jerome Kennedy of Innocence Canada said today:

“I want to thank Minister Virani for his decision today. It is welcome news for both Mr. Mailman and Mr. Gillespie. Both are in their senior years and Mr. Mailman is gravely ill. This is the best news they could have, and Innocence Canada is privileged to have been helping them.”

James Lockyer of Innocence Canada said today:

“Minister Virani has stepped forward for Mr. Mailman and Mr. Gillespie. The causes behind their wrongful convictions can be left to another day. Today is one of celebration for them.”

Ron Dalton, co-President of Innocence Canada, said:

“I spent 9 years in prison for a murder that I did not commit and much of that time I spent with Bobby Mailman and Wally Gillespie in a maximum-security penitentiary. They never gave up hope that one day justice would be done for them. Today is that day and I congratulate them on their perseverance and courage.”

Bobby Mailman and Wally Gillespie issued a joint statement today:

“It has taken 40 years. Today we are happy that justice is being done for us. Neither of us had anything to do with Mr. Leeman’s murder. We have always been innocent and we thank the Minister for what he has done.”

As a final note, the Minister’s powers to review wrongful convictions are set out in the Criminal Code of Canada. His greatest power is to quash a wrongful conviction and direct a new trial. It is a power rarely exercised but it is what he has done today for Mr. Mailman and Mr. Gillespie. The case is now in the hands of the original trial court, the Court of King’s Bench in Saint John.

For further information, contact:

Jerome Kennedy at 709-725-2966 or jkennedy@wrmmlaw.com

James Lockyer at 416-518-7983 or jlockyer@lzzdefence.ca

Ron Dalton at 709-327-6864 or rcdalton34@gmail.com 

RELEASED ISSUED FOR INNOCENCE CANADA RE: ANDERSON AND WOODHOUSE

 

Press Release:  

Innocence Canada

Monday, July 17, 2023 

 

Two Indigenous Men Return to Court in Winnipeg where They were Convicted 50 Years Ago

­­­­­___________________________________________________

 

Brian Anderson and Allan Woodhouse, two young Indigenous men, members of the Pinaymootang First Nation on the Fairford Indian Reserve in Manitoba, were convicted of a murder they didn’t commit 50 years ago.

 

On June 22, 2023, Justice Minister David Lametti quashed their murder convictions and ordered new trials for them both.  Tomorrow, Tuesday, July 18, 2023, they return to the Court of King’s Bench in Winnipeg for the first time since they were wrongly convicted to appear before the Chief Justice of the Court for their new trials.

 

Mr. Anderson and Mr. Woodhouse, both now in their late 60s, have always proclaimed their innocence but no one listened to them.  Several years ago, Innocence Canada adopted their cases and brought them before the Justice Minister urging him to quash their convictions.

 

Tomorrow will be the next step on their road to vindication.  They will appear before Chief Justice Glenn Joyal at 10:00 a.m. in the King’s Bench Court at 408 York Avenue, Winnipeg. 

 

Jerome Kennedy, a Director of Innocence Canada, who has led the case for their vindication, said today:

 

“50 years has been an interminable wait for Brian Anderson and Allan Woodhouse but they never gave up.  Tomorrow will be an extraordinary day for them, to be back in the very same court whether they were wrongly convicted.”

 

Brian Anderson and Allan Woodhouse, who assisted Mr. Kennedy with the case, said today:

 

“Innocence Canada is privileged to have been able to help these two men and we will be there with them tomorrow.”

 

For further information, contact:  

 

Jerome Kennedy at 709-725-2966 or jkennedy@wrmmlaw.com

James Lockyer at 416-518-7983 or jlockyer@lzzdefence.ca

 

 

AIDWYC Frees Another Wrongly Convicted - Hays to get new trail

 
-->

New Forensic Evidence Leads SCC to Send

Leighton Hay’s Murder Conviction Back to Trial

Toronto, Canada – The Association in Defence of the Wrongly Convicted (AIDWYC) is pleased to announce that the Supreme Court of Canada has today ordered that Leighton Hay’s 2004 first degree murder conviction in Toronto must be quashed and sent back for a new trial. For 12 years Mr. Hay and AIDWYC have been fighting to clear his name and the Supreme Court of Canada’s decision is an important step towards establishing his innocence. 

In the early morning of July 6, 2002, two men shot and killed Collin Moore in a Toronto nightclub. The men also shot at Collin’s brother, Roger Moore, who escaped with a graze to his forehead.

The Crown alleged that Mr. Hay was one of the two gunmen and the gunman who was supposed to be Mr. Hay was described by an eyewitness as having 2-inch dreadlocks.  However, when arrested hours after the shooting, Mr. Hay had a very short haircut causing the prosecution to allege that he must have cut his hair after the shooting.  The prosecutor produced hairs found by police wrapped in a newspaper from the bathroom in the home where he was arrested as proof of the haircut.

At Mr. Hay’s appeal in the Supreme Court of Canada on April 23, 2013, AIDWYC presented new evidence that undermined the Crown’s eyewitness identification evidence of Mr. Hay. The new evidence establishes that the hairs seized from the home by the police came from Mr. Hay’s beard and were not from a haircut.

Erroneous eyewitness identification is a well-known cause of wrongful convictions in Canada and in other countries. According to the U.S. Innocence Project, eyewitness misidentification is the single greatest cause of wrongful convictions in that country, playing a role in nearly 75% of convictions overturned as a result of their post-conviction DNA results.

James Lockyer, AIDWYC’s lead counsel who argued the case in the Supreme Court of Canada for Mr. Hay said today,

“It is a good day for Mr. Hay and a good day for justice in Canada. Mr. Hay is a vulnerable member of our society and is in many ways a ready victim for a wrongful conviction.  AIDWYC adopted his case three years ago and we feel vindicated by this decision. We will be there for Mr. Hay at his new trial.”

AIDWYC is a non-profit organization dedicated to identifying, advocating for, and clearing the names of individuals convicted of crimes they did not commit and working to prevent future wrongful convictions through education. This year, AIDWYC is celebrating its 20^th Anniversary. On November 23, 2013, an educational conference and celebratory gala will be held in Toronto. Both events are open to the public and everyone is encouraged to attend. Visit AIDWYC’s website to learn more and donate: www.aidwyc.org.

For more information, contact:

James Lockyer, 416-847-2560

Win Wahrer, 416-504-7500