By Jeremy Appel on May 15, 2019.
A lawsuit alleging “malicious” prosecution against Connie Oakes by the Medicine Hat Police Service and Crown has been dismissed in the Court of Queen’s Bench.
The statement of claim, filed by lawyer Thomas Engel on April 27, 2018 was never served to the defendants and Engel withdrew from the file without notifying them, court heard Wednesday.
When contacted by the Crown, Engel’s office provided them with a phone number to reach Oakes, but there was no answer or response.
Engel’s office confirmed with the Crown that they have no record of service.
“The claim is in essence null and void if there’s no service,” ruled Master J.B. Hanebury.
On Nov. 15, 2013, Oakes was convicted of second-degree murder in the May 2011 death of Casey Armstrong. She was imprisoned but that sentence was overturned by the Alberta Court of Appeal on April 6, 2016.
The Court of Appeal ordered a new trial, but the charges were stayed on April 29, 2016, and were not re-activated.
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