Ontario asks top court to throw out lawsuit from man who spent 31 years in jail for murder he didn’t

[shockedcanadian]

http://news.nationalpost.com/2014/10/02/ontario-asks-top-court-to-throw-out-lawsuit-from-man-who-spent-31-years-in-jail-for-murder-he-didnt-commit/


Take it from someone who has been abused and destroyed by the system; this is how justice works in Canada. 31 years in prison for a crime he didn't commit. The Crown simply moves to throw out his lawsuit, $14M, a small amount really considering the years lost. It is the M.O of the State in Canada when dealing with wrongdoings by authority; deny, deflect and simply ignore. Astonishing abuse and disregard for the sanctity of the individual.



"In quashing the conviction, the Appeal Court found that police had initially verified an alibi showing Phillion’s innocence but never told the defence about it, apparently because investigators subsequently found it to be untrue."

[Erich Bloodaxe BSN]

1. Is there something the story didn't mention that actually shows that

he didn't commit the murder in question? The article doesn't actually provide evidence that he didn't, merely that the state decided too much time had passed to bring the case back to trial.

And I'm not sure why not bothering to pass along an alibi that had first been verified but then found to be untrue is a big deal. I would understand why it would be problematic if they didn't pass along an alibi that WAS true, but not one they found out was a lie.

So what's missing in this story?

[shockedcanadian]

2. He had an alibi and was physically 200 km's away, no evidence linking him to the crime

This is not even the point of the debate, due process in Canada was not protected, the alibi never provided to his defense team. Let's not sugar coat this; this is how the police and Crown operate in Canada, careers being made many times in this country at the expense of others freedom, especially via the covert apparatus. As far as I have read there was never any physical evidence linking him to the crime, and the Chief investigator cleared him after doing his work, only for him to be charged four years later by someone else. This is far from an isolated case of abuse, quite simply legal recourse for 98% of citizens is unattainable in this country. Even the U.N has slammed Canada's record on access to justice. The very basic essence of a democracy, a running joke in Canada and police circles.

I agree his confession is problematic, but he recanted soon after. He might not be the brightest guy who made smart decisions, but if facts are contrary to even his own extremely stupid comment, he needs to be exonerated.

Here are more details:

http://www.cbc.ca/news/canada/romeo-phillion-timeline-1.727759

A police report not shown to the defence at the original trial confirms Phillion was stuck at a service station 200 kilometres from Ottawa, in Trenton, Ont., when the crime took place, according to Phillion's lawyer and a group of law students from York University's Osgoode Hall Law School in Toronto. The group, called "The Innocence Project," also says there's evidence that four Crown witnesses all changed their testimony about when they saw Phillion in Ottawa.


The Ontario Court of Appeal reopens Phillion's case, seeking testimony from police and lawyers involved in the case. Retired police superintendent John McCombie tells the court he never mentioned Phillion's alibi during the course of Phillion's trial because he was "never asked." McCombie also says he couldn't remember all of the details of Phillion's case.

The Crown prosecutor in the 1972 murder trial, Malcolm Lindsay, denies that he misled Phillion's defence lawyer or suppressed evidence that would have exonerated Phillion. Phillion's former defence lawyer, Arthur Cogan, says he is "saddened and disturbed" that evidence of his former client's innocence may have been withheld.

Cogan says that Phillion's original confession to the crime, which he later recanted, was a desperate bid to protect his gay lover from other charges.




http://injusticebusters.org/index.htm/Romeo_Phillion.htm

Almost 30 years after an Ottawa drifter was imprisoned for murder, his conviction is in serious jeopardy in light of evidence showing that police investigated and confirmed his alibi in 1968, and then buried their report.

A report by the chief investigator in the Romeo Phillion case stated that he could not have killed firefighter Leopold Roy on Aug. 9, 1967. Mr. Phillion was nonetheless charged with non-capital murder four years later, and convicted in 1972.

Despite Mr. Phillion's prediction to the trial judge that his life sentence "will kill me," he remains in Bath Penitentiary to this day. Correctional records confirm that since becoming eligible for parole in 1982, he has sabotaged his chances by refusing to admit guilt.

"Parole is for the guilty, not for the innocent," Mr. Phillion, 61, said in an interview. "They want you to sit there and feel remorse for something you didn't do. I'm going to fight on. I'm innocent, and they have no choice. I'll take any test they throw at me, because I'm innocent."

[Erich Bloodaxe BSN]

3. Thanks, that info clears it up some.

By the original article, I had thought they were saying the alibi in question was a lie.