October 4th, 2024

New Brunswick judge apologizes to men for ‘miscarriage of justice’

By The Canadian Press on January 5, 2024.

The chief justice of New Brunswick's Court of King's Bench is apologizing to two men who served lengthy prison sentences for a murder the didn't commit. Robert Mailman, left, and Walter Gillespie, speak to media shortly after their hearing at Saint John Law Courts in Saint John, Thursday, Jan. 4, 2024. THE CANADIAN PRESS/Michael Hawkins

FREDERICTON – The chief justice of New Brunswick’s Court of King’s Bench today offered her “sincere apology” to two men who were acquitted after serving lengthy prison sentences for a 1983 murder.

Chief Justice Tracey DeWare says the justice system failed Robert Mailman and Walter Gillespie, who were convicted in 1984 of second-degree murder and received life sentences in the killing of George Gilman Leeman in Saint John, N.B.

In a four-page decision, DeWare says miscarriages of justice sometimes “regrettably” happen, and when they do, the reasonable response is to double down on efforts to improve the system.

The judge says the justice system owes a debt of gratitude to the two men and their legal team for steadfastly pursuing the case over nearly four decades.

DeWare declared Mailman and Gillespie not guilty on Thursday after Crown prosecutor Karen Lee informed the court she didn’t intend to enter any evidence against the two men.

The hearing in Saint John was held after federal Justice Minister Arif Virani last month quashed the convictions and ordered a new trial, saying new evidence had surfaced that called into question “the overall fairness of the process.”

This report by The Canadian Press was first published Jan. 5, 2023.

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