PASSAGE Of THE DAY: "Moreover, said Campbell, “there are issues of accountability, arising from that phrase in the minister’s [Lametti’s] order: ‘Relevant and reliable information that was not disclosed to Mr. Glenn Assoun during his criminal proceedings.’ Behind that phrase lies a sad, to some degree a shocking story, in the telling of which there will eventually be an acute public interest. And there is also a public interest, given the record that now exists, the evidence that has accumulated that is before the Minister, in attempting, still, these many years later to identify who did kill Brenda Way. We believe that to be an achievable goal and one that, the pursuit of which, will serve the public interest.” Outside the courtroom, I asked Campbell who withheld the evidence that could have cleared Assoun. Campbell made clear it was not the crown prosecutors, but rather Halifax police. I asked if police investigator David MacDonald was at fault, and Campbell didn’t directly answer the question; rather, he said while there were faults with the original investigation, the most troubling withholding of evidence came when Assoun was before the Court of Appeal. Campbell would not further elaborate, telling me only to pursue the matter myself. I am. In court, although he didn’t mention her by name, Campbell also offered implied criticism of former Justice Minister and Attorney General Jody Wilson-Raybould. “The case proceeded slowly, painstakingly…” Campbell told Chipman, “and the order that initiated today’s proceedings was signed by the Minister yesterday after he had been in office about a month and a half."
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STORY: "A tale of enormous suffering,” by reporter Glen Assoun, published by Investigative Reporter Tim Bousquet) The Halifax Examiner on March 2, 2019. The Halifax Examiner, which was founded by investigative reporter Tim Bousquet, has played an important role exposing this abominable miscarriage of justice relating to a murder charge that should never have been brought in the first place. HL);
TAKEAWAYS FROM THE STORY: "Takeaways from this story" • after spending 16 and a half years in prison and four and a half years on strict parole conditions, Glen Assoun is exonerated of the 1995 murder of Brenda Way; • Assoun’s lawyers say Halifax police failed to turn evidence over to Assoun that would have cleared him of the crime; that failure, say the lawyers, constitutes “police misconduct”; • moreover, the evidence police withheld from Assoun points to the person or persons who actually killed Brenda Way; • former Justice Minister and Attorney General Jody Wilson-Raybould sat on the recommendation to order a new trial for Assoun for the entire year and a half she held the position; after she was replaced by David Lametti, Lametti ordered the new trial for Assoun after just a month and a half."
GIST: "Glen Assoun is a free man. Assoun was arrested in March of 1998 for the brutal murder of his former girlfriend, Brenda Way. Assoun was convicted of second degree murder in 1999 and sentenced to life in prison with no chance of parole for 18 years. Throughout, Assoun maintained his innocence. The murder of Way and conviction of Assoun is the subject of the first three parts of the Halifax Examiner’s “Dead Wrong” series. Assoun has been represented by lawyers associated with Innocence Canada, primarily Sean MacDonald, Phil Campbell, and James Lockyer. On Thursday, a letter from federal Justice Minister and Attorney General David Lametti arrived at the Nova Scotia Supreme Court, vacating Assoun’s 1999 conviction and ordering a new trial on the charges. Lametti’s letter resulted in a hearing and trial yesterday before Justice James Chipman. MacDonald and Campbell were present yesterday, as were Assoun’s family and other Innocence Canada representatives. At court, first Chipman ordered a new trial, and then that new trial happened, lasting about five minutes because the crown offered no evidence. Chipman then found Assoun not guilty, and he was cleared of all charges. While the mini-trial was extraordinary in itself, even more astounding were the comments from Assoun’s lawyer Phil Campbell, and those from Chipman himself. (I’ve provided a full transcript of the hearing below.) In court, Campbell said that Assoun should have never been convicted in the first place. Having examined the case and the evidence for many years, Campbell and MacDonald had long had a “belief in the factual innocence of Mr. Assoun,” Campbell told Chipman. “That is a conclusion we reached — Mr. MacDonald and I — when we first looked at this case, by the trial record. I have to say that I thought many, many times I wished that Mr Macdonald and I could have represented Mr. Assoun in those proceedings rather than having him struggle with the law and the evidence on his own. I believe that a different verdict could have been achieved on the record.” Moreover, said Campbell, “there are issues of accountability, arising from that phrase in the minister’s [Lametti’s] order: ‘Relevant and reliable information that was not disclosed to Mr. Glenn Assoun during his criminal proceedings.’ Behind that phrase lies a sad, to some degree a shocking story, in the telling of which there will eventually be an acute public interest. And there is also a public interest, given the record that now exists, the evidence that has accumulated that is before the Minister, in attempting, still, these many years later to identify who did kill Brenda Way. We believe that to be an achievable goal and one that, the pursuit of which, will serve the public interest.” Outside the courtroom, I asked Campbell who withheld the evidence that could have cleared Assoun. Campbell made clear it was not the crown prosecutors, but rather Halifax police. I asked if police investigator David MacDonald was at fault, and Campbell didn’t directly answer the question; rather, he said while there were faults with the original investigation, the most troubling withholding of evidence came when Assoun was before the Court of Appeal. Campbell would not further elaborate, telling me only to pursue the matter myself. I am. In court, although he didn’t mention her by name, Campbell also offered implied criticism of former Justice Minister and Attorney General Jody Wilson-Raybould. “The case proceeded slowly, painstakingly…” Campbell told Chipman, “and the order that initiated today’s proceedings was signed by the Minister yesterday after he had been in office about a month and a half. The registrar thanks him for his swift, decisive action on it.” Non-lawyers associated with Innocence Canada told me yesterday that the Justice Department lawyers who reviewed Assoun’s case — the Criminal Conviction Review Group — had a recommendation for an order for a new trial on Wilson-Raybould’s desk a year and a half ago, but she took no action on it. By contrast, Lametti moved on the file almost immediately — the “swift, decisive action” Campbell praised. This is no small matter. Glen Assoun has suffered greatly throughout this ordeal. Besides the anguish of being wrongfully convicted, he suffered two heart attacks in prison, and while living through the legal limbo that was his parole — that is, while waiting for the Justice Minister to act — he suffered a mental health crisis. Campbell also had a direct message to the people of Halifax. Assoun is an innocent man, Campbell told the courtroom. “And we hope — fervently hope — that the community in Halifax will welcome him back, embrace him as an innocent man. He needs to hear that, he needs to feel it, he deserves it.” Justice Chipman movingly addressed Assoun, recounting Assoun’s tribulations and pain, and thanking him for “your courage and your resilience.” In conclusion, Chipman simply declared: “Glen Eugene Assoun, you are a free man. I sincerely wish you every success as you begin what I hope will be a positive chapter in your life. Thank you very much.”"
