FREDERICTON — An advocate for the wrongfully accused says it's possible justice will never be done in a 1983 murder, after the convictions of two New Brunswick men were recently overturned and they wait to learn whether they will be tried again.
Robert Mailman and Walter Gillespie, who were convicted in the Nov. 30, 1983, killing of George Gilman Leeman, are expected to plead not guilty at the Court of King's Bench in Saint John on Thursday. Last month, federal Justice Minister Arif Virani quashed the two 1984 second-degree murder convictions, saying he found a reasonable basis to conclude a miscarriage of justice had occurred.
Mailman and Gillespie were unfairly treated, but the murder victim may not see justice either, said Ron Dalton, co-president of Innocence Canada, lawyers for which will represent the two men in court. Dalton's group has said Gillespie served 21 years of his life sentence in prison, and Mailman served 18 years.
"There'll be no justice for Mr. Leeman," Dalton said. "There's been no justice for Mr. Mailman and Mr. Gillespie, and it's too late really to give them justice. But also for Mr. Leeman and his family — 40 years after the fact that it's too late to get justice."
Jerome Kennedy, who is representing Mailman and Gillespie, said that when an innocent person is exonerated, the real killer is out there. "That's the nature of wrongful convictions."
Dalton said the Crown on Thursday is expected to announce whether it will put the two men on trial again.
Meanwhile, Michael Sherrard, Leeman's great-nephew, said he didn't know the case was due to be heard in Saint John.
"My uncle, George, was involved in some bad things during his lifetime," said the Calais, N.B., resident.
"You know, sometimes you die the way you live. He was not a very good person at times."
Sherrard said he remembers that as a child, he saw his uncle around, but he said Leeman was estranged from the family "a lot of the time because he was in and out of trouble."
Sherrard won't be at the courthouse to see what happens next for Mailman and Gillespie. "I hope their life turns out OK for them," he said.
Both men have been on parole for about 20 years. Gillespie is 80 years old. Mailman, who is 75, has a terminal cancer diagnosis.
"(Mailman) was given one to three months to live exactly two months ago today," Dalton said. "We're just hoping to keep him alive long enough to have the charges dismissed."
The Innocence Canada co-president, who fought his own wrongful conviction, said he met the two men when he was in prison in New Brunswick. On Dec. 15, 1989, Dalton was convicted for the murder of his wife, Brenda Dalton, who died on Aug. 16, 1988, in Gander, Newfoundland.
Dalton was found guilty of second-degree murder and sentenced to life imprisonment with no possibility of parole for a minimum of 10 years. He served eight years in prison and was acquitted following a second trial in 2000.
"I have a very personal and long-standing interest in the case," he said. "I was working on their case before Innocence Canada even came into existence."
Virani said last month that his decision to overturn the convictions was based on new information that was not submitted to the courts at the time of trial and appeal. The new information, he said, calls into question "the overall fairness of the process."
Dalton said the onus is now shifted to the Crown to prove the men guilty or say they have no evidence to offer and that they'll join the defence in the motion to dismiss the charges.
"But that's optimistic on my part. It may not happen that way. The Crown may ask the court to enter a stay of proceedings,” he said. “They may ask for more time to prepare for a retrial.”
The Crown did not return a request for comment Tuesday.
For cases in which the suspects are believed to be wrongfully accused, Dalton said there are usually multiple factors that prove innocence.
"In this particular case, though, one of the most startling things was the alibi evidence they had. These two gentlemen were not even in Saint John at the time this homicide occurred. They had documented evidence that they were elsewhere," he said.
"The police had records of that in their files, but they did not disclose it to their lawyers at the time, or to our counsel when we were working on an appeal for them trying to get the case overturned."
Staff Sgt. Sean Rocca of the Saint John Police Force said police "fully co-operated" with the federal Department of Justice in its review of the case.
"The matter is being formally dealt with through our judicial system and it would not be appropriate for the Saint John Police Force to comment on anything within that respected and honoured process," he said in a statement.
Neither Mailman nor Gillespie was available for comment on Tuesday.
Speaking on their behalf, Dalton said the men are "anxious" to have the convictions overturned.
"They'll enter court on Thursday, presumed innocent, like you or I would be if we appeared in court," he said.
"They're anxious to have the charges dismissed and live out whatever days they have left as free men."
This report by The Canadian Press was first published Jan. 2, 2024.
Hina Alam, The Canadian Press
