DLM
12-01-2004, 01:49 PM
Truscott unbowed despite detour
It may be year before appeal court hearing
Wants name cleared of murder conviction
Nov. 29, 2004. 06:17 AM
Toronto Star-TRACEY TYLER LEGAL AFFAIRS REPORTER
Steven Truscott says he is as determined as ever to clear his name, even though he might have to wait several more years for the justice system to deliver its final word on his 45-year-old murder conviction.
"This doesn't mean the will to clear my name has diminished at all and it certainly hasn't diminished the will of my wife, Marlene, and my three kids," he said. "We'll fight this all the way until the end."
Truscott, 59, was hoping Justice Minister Irwin Cotler would overturn his 1959 conviction for the murder of 12-year-old Lynne Harper and send the case back to Goderich, Ont., for a new trial and speedy resolution. Under that scenario, he hoped the prosecution would concede that in the face of new evidence it had no case.
But in a decision that disappointed Truscott's supporters, Cotler announced last month that while he had reason to believe a "miscarriage of justice" had likely occurred, he was instead referring the case to the Ontario Court of Appeal for review.
In his first substantial comments since Cotler's decision, Truscott told the annual general meeting of the Association in Defence of the Wrongly Convicted in Toronto on Saturday that he's trying to take something positive from the latest development, as much as it caught him off guard.
"After 45 years, I kind of thought that my case might be reaching an end," he said. "At last count, 19 judges have reviewed the case and it's still going on. I guess I was wrong there."
Truscott's lawyers say it could take at least a year to prepare for the appeal court hearing, but the process could end tomorrow if Ontario's attorney general conceded Truscott did not get a fair trial.
In a recent interview with the Toronto Star, Liberal Attorney General Michael Bryant, refused to say why he is opposing a new trial. "Our position will be advanced in court. The crown will make judgments along the way," he said.
It may be year before appeal court hearing
Wants name cleared of murder conviction
Nov. 29, 2004. 06:17 AM
Toronto Star-TRACEY TYLER LEGAL AFFAIRS REPORTER
Steven Truscott says he is as determined as ever to clear his name, even though he might have to wait several more years for the justice system to deliver its final word on his 45-year-old murder conviction.
"This doesn't mean the will to clear my name has diminished at all and it certainly hasn't diminished the will of my wife, Marlene, and my three kids," he said. "We'll fight this all the way until the end."
Truscott, 59, was hoping Justice Minister Irwin Cotler would overturn his 1959 conviction for the murder of 12-year-old Lynne Harper and send the case back to Goderich, Ont., for a new trial and speedy resolution. Under that scenario, he hoped the prosecution would concede that in the face of new evidence it had no case.
But in a decision that disappointed Truscott's supporters, Cotler announced last month that while he had reason to believe a "miscarriage of justice" had likely occurred, he was instead referring the case to the Ontario Court of Appeal for review.
In his first substantial comments since Cotler's decision, Truscott told the annual general meeting of the Association in Defence of the Wrongly Convicted in Toronto on Saturday that he's trying to take something positive from the latest development, as much as it caught him off guard.
"After 45 years, I kind of thought that my case might be reaching an end," he said. "At last count, 19 judges have reviewed the case and it's still going on. I guess I was wrong there."
Truscott's lawyers say it could take at least a year to prepare for the appeal court hearing, but the process could end tomorrow if Ontario's attorney general conceded Truscott did not get a fair trial.
In a recent interview with the Toronto Star, Liberal Attorney General Michael Bryant, refused to say why he is opposing a new trial. "Our position will be advanced in court. The crown will make judgments along the way," he said.