DLM
01-27-2005, 09:38 AM
Innocent man can sue his lawyer
Says poor defence led to being jailed
Appeal court lets case proceed
NICOLE MACINTYRE
TORSTAR NEWS SERVICE
HAMILTON—A Hamilton man sent to prison for a sexual assault he didn't commit has won permission to proceed with a lawsuit against his former defence lawyer.
Gordon Folland alleges local lawyer Dennis Reardon's negligent defence led to his wrongful conviction and incarceration.
Folland served nearly half his five-year sentence after a jury found him guilty in 1995 of sexually assaulting a 26-year-old woman in her home.
He was released when DNA evidence was linked to a friend, who had already told police he'd had sex with the woman the night she was assaulted.
Folland has since launched a malicious prosecution suit against the Hamilton police and the Crown attorney's office.
His suit against Reardon was originally dismissed last year by a Toronto judge, but that decision was overturned yesterday by the Court of Appeal.
The suit alleges negligence, including Reardon's trial performance and failure to obtain a DNA sample from the other suspect. The case hasn't been proved in court.
Reardon's lawyer, Christopher Diana, said his client disputes the allegations.
"He wasn't negligent. He lived up to the standard of care required of him," Diana said, adding he doesn't know if his client will appeal the latest decision.
Folland was found guilty in March, 1995 for the Nov. 23, 1993 sexual assault of a woman who had been sleeping.
Even though DNA tests showed semen on underwear found in the victim's bed did not match Folland, a jury took just 90 minutes to convict him.
He was released in November 1997 after two of his friends convinced a man who was also present in the woman's house to provide hair and saliva for testing. His DNA matched semen on the underwear.
The man wasn't called as a witness, and has never been charged with the offence.
The Court of Appeal ruling came a day after federal and provincial justice ministers released a report on combatting wrongful convictions.
HAMILTON SPECTATOR
Says poor defence led to being jailed
Appeal court lets case proceed
NICOLE MACINTYRE
TORSTAR NEWS SERVICE
HAMILTON—A Hamilton man sent to prison for a sexual assault he didn't commit has won permission to proceed with a lawsuit against his former defence lawyer.
Gordon Folland alleges local lawyer Dennis Reardon's negligent defence led to his wrongful conviction and incarceration.
Folland served nearly half his five-year sentence after a jury found him guilty in 1995 of sexually assaulting a 26-year-old woman in her home.
He was released when DNA evidence was linked to a friend, who had already told police he'd had sex with the woman the night she was assaulted.
Folland has since launched a malicious prosecution suit against the Hamilton police and the Crown attorney's office.
His suit against Reardon was originally dismissed last year by a Toronto judge, but that decision was overturned yesterday by the Court of Appeal.
The suit alleges negligence, including Reardon's trial performance and failure to obtain a DNA sample from the other suspect. The case hasn't been proved in court.
Reardon's lawyer, Christopher Diana, said his client disputes the allegations.
"He wasn't negligent. He lived up to the standard of care required of him," Diana said, adding he doesn't know if his client will appeal the latest decision.
Folland was found guilty in March, 1995 for the Nov. 23, 1993 sexual assault of a woman who had been sleeping.
Even though DNA tests showed semen on underwear found in the victim's bed did not match Folland, a jury took just 90 minutes to convict him.
He was released in November 1997 after two of his friends convinced a man who was also present in the woman's house to provide hair and saliva for testing. His DNA matched semen on the underwear.
The man wasn't called as a witness, and has never been charged with the offence.
The Court of Appeal ruling came a day after federal and provincial justice ministers released a report on combatting wrongful convictions.
HAMILTON SPECTATOR