Two New Brunswick men whose 1984 murder convictions were recently overturned have been formally found not guilty.
Robert Mailman and Walter Gillespie appeared at a hearing at the Court of King’s Bench in Saint John on Thursday, where Chief Justice Tracey DeWare said the two were “innocent in the eyes of the law.”
“It is most regrettable that it has taken 40 years for this day to come,” she said.
Outside the courthouse, the two men — who have always maintained their innocence — told reporters they felt vindicated.
“I’d just like to thank everybody,” said Gillespie.
The two men were convicted in the Nov. 30, 1983, killing of George Gilman Leeman, and both have been on parole for about 20 years. Mailman served 18 years of his life sentence in prison, while Gillespie served 21.
Federal Justice Minister Arif Virani quashed the two second-degree murder convictions last month, saying there was reasonable basis to conclude that a miscarriage of justice likely occurred. Virani said new evidence had surfaced, and declared a new trial.
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But the Crown told the court Thursday it would not present any evidence, leading DeWare to declare a finding of not guilty.
‘It’s a disgrace’
Mailman and Gillespie were convicted in May 1984, and have had unsuccessful appeals in the past.
Court documents stated that Leeman’s body had been discovered in Rockwood Park — just past the gates to Fisher Lake.
Innocence Canada, an organization that advocates for the wrongfully accused that took up the men’s case, said there were recanting witnesses and both men had strong alibis at the time of the killing.
“The Saint John Police Force have a lot to answer for in my view, a lot,” said James Lockyer, a founding director with Innocence Canada.
“They got a lot to answer for. It’s a disgrace.”
The Saint John Police Force said it a statement it is “deeply concerned” about the impact of Thursday’s decision “on all parties involved,” and is awaiting the results of the Department of Justice’s review of the case.
“We remain dedicated to upholding the highest standards of justice and will continue to work diligently to do so,” the statement read.
Mailman is now 76-year-old, and Gillespie is 80.
Ron Dalton, co-president of Innocence Canada, said Mailman has a terminal cancer diagnosis and was given just months to live. He said while the organization is glad the man have had their names cleared, they will never get those lost years back. As well, the victim’s family remains without justice.
“(It’s) better late than never,” he said, but added that justice e delayed is also justice denied,” he said.
— with files from The Canadian Press and Global News’ Nathalie Sturgeon
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