WINNIPEG — Wilma Derksen, whose daughter Candace was killed 30 years ago, says she was “terribly surprised” by a Supreme Court decision that ordered a new trial for the man convicted of the 13-year-old’s murder.
Wilma Derksen said Thursday she still believes Mark Grant abducted and killed Candace on her way home from school in 1984, but she respects the process. If there is doubt about his guilt, it should be dealt with in the courts, she told reporters at her home.
“It is about the pursuit of truth,” she said, although it will be hard for her.
Shortly after the ruling was out she tweeted that she was “completely surprised.”
“I really thought it would be resolved,” she said as she sat with her husband, Cliff. “I wish hope and pray that in some way we look at our justice system and see if it is functioning the way it should be. I do think it needs come tweaking.”
Saul Simmonds, Grant’s lawyer, was relieved with the ruling.
“We are grateful the supreme court has upheld and solidified the decision of the Manitoba Court of Appeal ordering a new trial,” said Saul Simmonds. “It is still our hope that the decision of the Supreme Court and the other evidence we feel is in favour of Mr. Grant that the crown’s office will review this case and not prosecute him again and issue a stay of proceedings in this matter.”
Simmonds says he will seek bail for his client and this ruling will help his case.
“We think it strengthens our position with respect for bail and at this stage that is on the horizon,” said Simmonds. “Surely in the days and weeks to come we will be back before the courts with respect to a bail issue.”
WATCH: Saul Simmonds discusses new trial into 30-year-old murder
Grant was found guilty of second-degree murder in 2011 in the November 1984 killing. The conviction, which carried a life sentence with no chance of parole for 25 years, was overturned by the Manitoba Court of Appeal in 2013. A new trial was ordered, but provincial prosecutors appealed to the high court after being granted leave to do so in 2014.
READ MORE: Supreme Court will hear appeal for Derksen’s alleged killer
In a unanimous 7-0 decision released Friday, the Supreme Court upheld the appeal court’s decision.
“In this case, I conclude that the trial judge erred in evaluating and assessing the credibility of the unknown third party suspect evidence on a balance of probabilities,” Justice Andromache Karakatsanis wrote on behalf of the court.
“I agree with the Court of Appeal that a new trial is required.”
READ MORE: Derksen family draws strength from faith and Candace
“Our thoughts go out to the Derksen family on this very difficult day. Manitoba Justice is currently reviewing the Supreme Court of Canada decision. A decision will be made regarding the possible re-trial of Mark Grant for the murder of Candace Derksen within the shortest time frame possible,” Minister of Justice James Allum said in an email statement to Global News Thursday.
Derksen disappeared on her way home from school and her body was found six weeks later, bound and frozen, in a storage shed near her home.
Grant — who repeatedly denied killing Derksen — wasn’t charged until 2007 after numerous tests on a piece of twine used to bind the teen.
In the Court of Appeal ruling, Justice Michel Monnin wrote that some evidence not presented at trial “could provide the basis upon which a reasonable, properly instructed jury could acquit.”
Now prosecutors will need to decide whether to hold another trial or drop the case.
— With files from The Canadian Press
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