The Minister of Justice and Attorney General of Canada announced Friday he has ordered a new trial for a B.C. man convicted of two counts of second-degree murder in 1983.
Tomas Yebes was convicted on Sept. 13 for the deaths of his two adopted sons following a fire in his Surrey, B.C. townhouse.
Yebes appealed to the B.C. Court of Appeal in 1985 and to the Supreme Court of Canada in 1987 but both appeals were dismissed.
In March, 2019 he submitted an application for ministerial review.
“Promoting a fair and impartial criminal justice system that respects the needs of victims while protecting against potential miscarriages of justice is crucial to furthering Canadians’ confidence in our justice system,” Attorney General David Lametti said in a release Friday.
“Following a thorough review, I am satisfied that a new trial is necessary to ensure a fair process in the case of Mr. Yebes.”
In order for a new trial to be granted, the justice minister must be satisfied there is a reasonable basis to conclude that a miscarriage of justice “likely occurred,” according to the Canadian Department of Justice.
The minister does not decide on guilt or innocence in a case.
Section 696.1 of the Criminal Code of Canada states that a person who has been convicted of an offence and who has exhausted all rights of appeal may apply to the minister of justice for a review of their conviction.