Man in Manitoba who has spent 23 years in prison has quashed his conviction

WINNIPEG – A man in Manitoba who has spent 23 years in jail for first degree murder has had his sentence quashed.

Three judges of the province's Court of Appeal ruled that Frank Ostrowski had been denied important information that could have helped his defense when he was convicted in 1987.

Ostrowski was convicted of ordering the fatal killing of a drug dealer based largely on the testimony of a key witness – Matthew Lovelace – who had been charged with cocaine possession. .

Ostrowski's lawyers and jurors have never been informed of the agreement and Lovelace said at the trial that he had received no favors in exchange for his testimony.

Earlier this year, Crown Attorney Randy Schwartz told the court that the trial was unfair and that Ostrowski's conviction should be overturned.

Ostrowski's lawyer asked the court of appeal to go further and formally acquit Ostrowski, who was now about 60 years old.

The court decided to annul the conviction, order a new trial and introduce a judicial stay of the proceedings.

"There is much more evidence that supports the details provided by Mr. Lovelace, so that a jury would be free to judge his testimony regarding the credible and reliable accused," wrote Judge Holly Beard on behalf of of the three members' appeal committee.

"It is not clearly more likely that it is unlikely that the accused will be acquitted of a hypothetical new trial."

However, with all that has happened, a new trial is not warranted, wrote Beard in a judgment released Tuesday.

"Given the time that has elapsed since the events involved, including the trial, and the considerable time that the accused has already spent in detention, I agree that there should be a judicial suspension of the proceedings concerning the new trial, and I would so much like to order. "

Ostrowski maintained his innocence throughout his incarceration. In 2009, a judge of the Court of Queen's Bench raised serious concerns about this conviction and released Ostrowski on bail.

In 2014, federal Justice Minister Peter MacKay said the case was probably a miscarriage of justice and ordered the Manitoba Court of Appeal to control it.