Mullins-Johnson: Court of Appeal Shows Its Humanity;

Lawyer James Lockyer took a novel approach on the Mullins-Johnson Reference On Oct. 12, when he asked the highly legalistic Ontario Court of Appeal to think in "human" terms when it chose the words to accompany the innocent man's acquittal.

Lockyer argued on behalf of the Association in Defence of the Wrongly Convicted, that even today here were members of Mullins-Johnson's tiny Sault Ste. Marie community - including family members - who still believed Mullins-Johnson was guilty of a horrific crime - the sodomizing and murder of his 4-year-old niece.

In short only a verdict of factual innocence could help Mullins-Johnson totally clear his name upon his conviction for crimes that never occurred and clear the way for his return to his community.

The Court, composed of justices Dennis O'Connor, Marc Rosenberg and Robert Sharpe responded to the challenge - without opening up a controversial can of worms on the currently hot issue of "factual innocence."

In their seven page written decision released Friday, they stress from the outset that "(while) the death of a child is always tragic...in her uncle, William Mullins-Johnson, was wrongfully convicted of her murder and spent twelve years in prison."

The Court makes utterly clear that, "there is no evidence that Valin Johnson was assaulted and murdered (as Dr. Charles Smith and other experts had opined) and no evidence that Mullins-Johnson was guilty of any crime in relation to her death."

But the Court goes even beyond that clarification to say that in its view," that Mr.ullins-Johnson was arrested, convicted of first-degree and spent twelve years in prison because of flawed pathology evidence is a terrible miscarriage of Justice."

Not just any miscarriage of justice; "A terrible miscarriage of justice."

Crown Counsel Michal Fairburn also brought a spark of humanity into the sombre court of appeal hearing with her profound" and deepest apologies to Mullins-Johnson and his family for what they had had to endure. (See previous posting: "Mullins-Johnson Acquittal: Notable quotes;";

The arrest, prosecution and conviction of William Mullins-Johnson for crimes which never occurred is certainly one of the lowest points in Ontario's, if not Canada's, criminal justice system.

But the willingness of the Court of appeal, which had dismissed Mullins-Johnson's appeal nine years ago, and counsel for the Crown, which is undoubtedly facing a massive lawsuit, to swallow their pride and express such remorse so publicly, tells us that our criminal justice system has at least retained its humanity.

Now that Mullins-Johnson has been freed (he was on bail until the conviction was charged and the acquittal was entered) and exonerated so completely, it is time for Attorney General Michael Bryant to go on to the next step.

Bryant must ensure that Mullins-Johnson is compensated generously for this terrible miscarriage of justice and the massive convulsion it has caused him and his family - without requiring him to fight for years in the courts.