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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 20th 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
