"In a decision Thursday, Justice Thomas Cromwell of the Supreme Court said it was “in the interests of justice” that Hay have access to the trial exhibits, given the importance the Crown attached to the head-shaving evidence at his trial.
In an interview with the Star, James Lockyer, a lawyer representing Hay, said the decision is “very good” news for future cases of suspected wrongful convictions because it means prosecutors can no longer arbitrarily refuse to release exhibits for “post-conviction” forensic testing."
REPORTER TRACEY TYLER: LEGAL AFFAIRS REPORTER: THE TORONTO STAR.
(Sketch by Alex Tavshunksy shows Garry Eunick, left, and Leighton Hay, right, who were convicted of first-degree murder in a 2002 Toronto nighclub shooting. A Supreme Court ruling Thursday ordered Ontario's attorney-general to hand over exhibits for forensic testing as requested by Jeff House, Hay's lawyer.)
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"In a ruling that could make it easier for victims of alleged wrongful convictions to turn to forensic science to prove their innocence, the Supreme Court of Canada has ordered Ontario’s attorney general to hand over exhibits from a Toronto murder case for testing at the province’s crime lab," the November 18, 2010 story by Legal Affairs reporter Tracey Tyler begins, under the heading, "Crown ordered to release exhibits from Toronto murder case."
"It is the first time a Canadian court has ordered court exhibits released for forensic testing when a case is over, after a convicted person has exhausted all appeals," the story continues.
"The Crown fought hard against it.
Lawyers for Leighton Hay, who was convicted of gunning down Collin Moore at a Victoria Park Ave. nightclub in 2002, want to have hair clippings taken from a razor and garbage can in their client’s home tested to determine if they are scalp or facial hair.
Moore, 51, a prominent member of the city’s Guyanese community, was hosting a charity dance at the club when he was killed by two gunmen, one of whom an eyewitness described as having dreadlocks.
The Crown argued that Hay was that person and that he later shaved his head to change his appearance.
Hay maintains he was asleep at home at the time of the killing and the hairs were shavings from his beard.
In a decision Thursday, Justice Thomas Cromwell of the Supreme Court said it was “in the interests of justice” that Hay have access to the trial exhibits, given the importance the Crown attached to the head-shaving evidence at his trial.
In an interview with the Star, James Lockyer, a lawyer representing Hay, said the decision is “very good” news for future cases of suspected wrongful convictions because it means prosecutors can no longer arbitrarily refuse to release exhibits for “post-conviction” forensic testing.
“That’s essential if we want to get to the bottom of wrongful convictions,” he said.
But the attorney-general’s ministry interprets the ruling as applying only to Hay’s case and says it will not change Crown practice in this area.
There is “nothing arbitrary” about the Crown’s decisions on whether to release exhibits, ministry spokesperson Brendan Crawley said Thursday. There is a policy in place that requires prosecutors to consider the relevance of the exhibit in question and the forensic tests being sought, he said.
For several years, lawyers for people with wrongful conviction claims had managed to reach agreements with prosecutors to have exhibits released for testing, but the Crown adopted a different tack in Hay’s case, closing the door to such a request.
Access to trial exhibits for post-conviction testing has been a major issue in the United States, where lawyers for convicted people have brought more than 400 court applications seeking release of the material.
Last month, in a case from Texas, the U.S. Supreme Court was asked to rule that condemned prisoners have a civil rights claim to forensic testing, specifically DNA testing. The decision is on reserve.
Hay, meanwhile, is serving a life sentence for first-degree murder in connection with Moore’s slaying. Gary Eunick, a Toronto hair stylist, was also convicted of first-degree murder in the case."
The story can be found at:
http://www.thestar.com/news/article/893383--crown-ordered-to-release-exhibits-from-toronto-murder-case
PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be accessed at:
http://www.thestar.com/topic/charlessmith
For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:
http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;