Walter (Wally) Gillespie, left, and Robert (Bobby) Mailman in the south end neighbourhood where they grew up in Saint John, N.B., on, Aug. 18, 2020.Darren Calabrese/The Canadian Press
Nearly a month after two New Brunswick men had their murder convictions overturned, the province is yet to act on a request for compensation and an apology.
New Brunswick Court of King’s Bench Chief Justice Tracey DeWare acquitted Robert Mailman, 76, and Walter Gillespie, 80, on Jan. 4, and declared the justice system had failed the men, who received life sentences in 1984 for the killing of a man in Saint John, N.B., the previous year.
Her ruling came after federal Justice Minister Arif Virani ordered a new trial on Dec. 22, saying evidence had surfaced that called into question “the overall fairness of the process.”
DeWare offered the men a “sincere apology” and thanked them for their perseverance. “Mr. Mailman and Mr. Gillespie have been deprived of decades of their liberty and shrouded by the shame of a murder conviction,” she wrote.
Innocence Canada, which represented the two men in court, says settlements for the wrongfully convicted usually take years, but this case is different. Mailman was diagnosed with terminal liver cancer in November and given up to three months to live.
“I wouldn’t want to speculate exactly how much (time) he has, but he has very little time for sure,” said Ron Dalton, the group’s co-president.
New Brunswick Justice Minister Ted Flemming has not responded to repeated requests for comment on the case and the possibility of compensation. “Government has no comment on this case at this time,” spokesman Allan Dearing said in a statement this week on behalf of Flemming.
Premier Blaine Higgs said last week he couldn’t go into details of what’s happening behind the scenes.
“Well, I guess I’ll get some advice on what the ruling was, and then what’s required,” he said. “But I certainly will do the right thing at the end of the day.”
In a written submission to the court, lawyers with Innocence Canada noted a raft of failings in Mailman and Gillespie’s prosecution, including recanted testimony of witnesses, and police officers not disclosing that one witness was paid for his testimony. The submission also said forensic evidence was below the standards expected in 1984, and jurors were urged to disregard the men’s solid alibi.
In an earlier interview, Mailman said he fears he might not see any compensation or hear an apology from the province before he dies.
“Everything that we’ve been put through and everything that we lost, I believe it’s only reasonable for me and (Gillespie) to have some kind of compensation for this,” he said. “They just can’t say `Sorry, goodbye.’ That shouldn’t be allowed.”
Gillespie lives on a pension and pays $800 a month for a small apartment in Saint John. Mailman lives a short distance away in an apartment with his common-law partner. Their combined income means he is in slightly better financial shape than his friend.
David Taylor, a spokesman for Virani, said in an earlier statement that any questions concerning compensation or a public inquiry are “best directed” toward the province because the case was investigated by Saint John Police and prosecuted by the New Brunswick Crown.
Saint John police Chief Robert Bruce said he has asked retired RCMP officer Allen Farrah to conduct a comprehensive review of how investigators handled the case against the two men. But he gave no details on when the review would be finished.
Dalton said Innocence Canada sent two letters to the province last month. One sent on Jan. 17 asked Flemming for interim compensation payments, and another sent on Jan. 22 asked that a public inquiry be established to review the original convictions and the subsequent handling of the cases, he said.
Dalton said the smart thing for the New Brunswick government to do would be to begin with interim compensation that would not require an admission of liability. “So these gentlemen can have grocery money for the next few months while they sit down in good faith and negotiate a settlement for what they’ve been through.”