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After more than 30 years, Frank Ostrowski won his fight to cancel his conviction for first degree murder.
On Tuesday, the Manitoba Court of Appeal rendered its decision on the Ostrowski case, saying the conviction should be set aside.
The decision goes on to say that, given the time and years Ostrowski has spent behind bars, no new trial should be called for the moment. The decision rather calls for a judicial stay of proceedings.
Ostrowski has always maintained his innocence in the 1986 murder of Robert Nieman.
At the time, Ostrowski was accused of ordering the murder of Nieman, a drug dealer, and had been convicted largely because of the testimony of a key witness, accused of distinct possession of cocaine.
In 2009, Ostrowski was released on bail after 23 years of imprisonment after the Federal Ministry of Justice had begun to consider the case of Ostrowski as a possible wrongful conviction.
In 2014, the then Minister of Justice, Peter MacKay, determined that there was "a reasonable basis for finding a likely miscarriage of justice" in Ostrowski's conviction.
Defense wanted acquittal
Crown and defense lawyers had previously told the Manitoba Court of Appeal that they both agreed that Ostrowski's conviction could not be upheld.
The public prosecutor had requested a judicial suspension of the proceedings, which would have the effect of closing the case, while the Ostrowski defense teams asked the court to formally acquit him.
The court of appeals is tucked on the public prosecutor 's side, overturning Ostrowski' s conviction, but said that it would not go as far as the court of appeal. acquit completely.
At the heart of Ostrowski's appeal, there was talk of whether key evidence had been disclosed to Ostrowski's defense. This included an agreement between the prosecution and his key witness to suspend his drug charges when he testified against Ostrowski, as well as the testimony of an officer who contradicted the testimony of the witness. witness.
In its decision, the Court of Appeal found that the fact that the Crown did not disclose this evidence had compromised Mr. Ostrowski's defense because his lawyer could have used it to challenge the credibility of important details in the case dependent.
However, the decision adds that this does not render the testimony of the witness totally unreliable and that a jury can always reasonably convict Ostrowski if a new trial is ordered.
Ostrowski's lawyer, James Lockyer, said Tuesday's decision was a relief, as Mr. Ostrowski is no longer in custody or bail for the first time in three decades.
But, Lockyer said, no one pays any price for pursuing his client.
"I think that above all else, it is that there is no responsibility in this matter," Lockyer said. "The man has spent 32 years under a first degree murder charge, and no one accounts for those 32 years with the exception of him."
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