Released on October 26, 1995
Deputy Justice Minister Brent Cotter said today that information hascome to light that provides Robert Latimer with a new ground to appeal
his murder conviction to the Supreme court of Canada.
Cotter said that the RCMP, pursuant to a request from the Crown,
gathered information from some prospective jurors about their position
on a number of issues, including their religious views, their views on
abortion and their views on mercy killing. Communication errors
resulted in a number of prospective jurors being contacted directly and
questioned by the RCMP prior to jury selection. Some of the
individuals contacted were selected for jury duty.
"This direct contact creates the perception that Mr. Latimer may not
have received a fair trial before an impartial jury," Cotter said.
"This is not a question of actual prejudice. We are fully confident
that the members of this jury carried out their duties in a fair and
impartial manner. However, in our system of justice, there are two
vital elements; that justice be done, and that justice be seen to be
done.
"The fact that contact occurred creates the perception Mr. Latimer may
not have received a fair trial and justice may not have been done in
this case."
Cotter said senior officials in Saskatchewan Justice became aware that
prospective jurors might have been contacted through information
provided by Mark Brayford, counsel for Latimer. Upon receiving the
information, senior prosecutions officials immediately investigated the
matter. They have confirmed that direct contact did occur with both
prospective jurors and jurors.
"The Crown has broad responsibilities in our justice system with
respect to the conduct of prosecutions," Cotter said. "Prosecutors are
charged with the responsibility to ensure the accused has a fair trial.
If there is even the perception that Mr. Latimer did not receive a fair
trial, that perception must be addressed."
Cotter said Latimer's counsel has been provided with the information
and advised that should Latimer choose to pursue these options, the
Crown will consent to an application to the Supreme Court to admit
fresh evidence and to an application to appeal Latimer's conviction on
the ground that police contact with prospective jurors creates the
perception that there has been an attempt to interfere in the
administration of justice.
Applications must be made to the Supreme Court as Latimer's case has
already been dealt with by the Saskatchewan Court of Appeal.
Latimer was convicted of second degree murder in the death of his
daughter, Tracy, and sentenced to 10 years incarceration following a
trial in the Court of Queen's Bench in November, 1994. In a ruling
handed down in July, 1995, the Saskatchewan Court of Appeal upheld his
conviction and sentence. Latimer immediately filed notice of his
intention to seek leave to appeal to the Supreme Court of Canada.
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For more information, contact:
Lisa Ann Wood
Saskatchewan Justice
Regina Phone: (306) 787-7872