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The Huron Expositor • November 29, 2006 Page 9
Truscott decision expected in six months
Cheryl Heath
One of Steven Truscott's legal
eagles believes his exoneration is
less than six months away.
• In addressing colleagues, law stu-
dents and media Saturday, during
the annual general meeting for the
Association in the Defence of the
Wrongfully Convicted (AIDWYC),
Truscott defence -team lawyer Phil
Campbell reported the five -member
panel of the Ontario Court ' of
Appeal is likely to render its deci-
sion on Truscott's 1959 murder con-
viction by July 2007.
Campbell noted he most recently
completed a 900 -page factum for the
Ontario Court of Appeal's five -mem-
ber panel, which began hearing the
case for . Truscott's innocence at
Osgoode Hall in Toronto in June.
"I've worked on nothing else for
six weeks," said Campbell. "I've
thought about this case, day in and
day out."
Next up, said Campbell, is anoth-
er three weeks of oral arguments,
designed to further demonstrate to
the judges that Truscott could not
have been the one responsible for
the June 9, 1959, rape and murder
of 12 -year-old Lynne Harper.
That presentation is tentatively
set to begin Jan. 29, 2007, in front
of the panel y consisting of justices
Dave Doherty, Marc Rosenberg,
Karen Weiler, Michael. Moldaver
and Chief Justice Roy McMurtry
at Osgoode Hall in - Toronto.
Campbell estimated that process
will take up to three weeks to com-
plete.
All of this follows the three-week
hearing in June, which featured a
range of detailed testimony from
renowned world experts in the vari-
ous scientific fields, including ento-
mology, the study of bugs.
"Entomology is complicated and
unlovely stuff," said Campbell.
There were also a number of pow-
erful witnesses, said Campbell, who
pointed to the testimony of present-
day nurses Elizabeth Hulbert and
Sandy Stolzmann. Both reported
one of the Crown's key witnesses,
Jocelyn Gaudet, later admitted to
lying about her testimony at the
original trial.
"The hearings in June turned up a
great deal in this case," said
Campbell,, noting the original
pathologist, Dr. John Penistan, who
was nearly entirely responsible for
Truscott's conviction, was totally
discredited by a slew of expert wit-
nesses, including internationally
renowned forensic pathologist, Dr.
Bernard Knight, of the United
Kingdom.
Another boon to the defence's
argument was a number of experts
noting stomach contents are unreli-
able resources when estimating a
time of death. • •
That testimony iS key, noted
Campbell, because the original
pathologist relied on stomach con-
tents to estimate a time of death
that put the vic-
tim with Truscott
when she died.
Campbellsaid
that for more
than a year
before the hear-
ing, it seemed
nothing was hap-
pening on the
case except case -
management
conferences.
Indeed, said
Campbell, it
seems all the
Crown wanted to
talk about was
procedure.
"We spent a
great deal of
time on eviden-
tiary protocol,"
he said.
Yet, at the
beginning of this
year, "the pace
picked up, sub-
stantially," said
Campbell. That
is when Chief
Justice Roy
McMurtry
Volunteers created 500
Y
gifts for kids' shopping day
From Page 8
While their kids are
shopping, parents will be
treated to a cup of coffee
' and cookies in a separate
room.
And, Walton adds, they
will make sure everyone
on each child's list will
have a Christmas present,
even if the child has spent
all of their money.
All proceeds will be
donated to a children's
charity or towards chil-
dren or youth events in
Seaforth, Clinton and
Mitchell.
St. .Nick's Children's
Christmas Shopping Day
is Dec. 9 at St. Thomas
Anglican Church in
Seaforth. It runs from 10
a.m. to 2 p.m. for all kids
ages two to 13.
announced three weeks would be
put aside in June to hear the
Truscott appeal and "everybody had
to show their hands, andthings got
serious." :
After oral arguments are present-
ed in early 2007, the panel will like-
ly take three to five months to ren-
der its decision, which can range
from acquitting Truscott, entering a
stay of proceedings, ordering a new
trial, or dismissing the appeal.
Campbell added Truscott's AID-
WYC team, which also consists of
renowned lawyers Marlys Edwardh
and James Lockyer, initially had
hoped the government would over-
turn or dismiss Truscott's conviction
followinga lengthy review by
retired justice Fred Kaufman.
Instead, then justice minister
Irwin Cotler chose to defer the deci-
sion to the Ontario Court of Appeal.
"That was not, for us, a day of
much jubilation," said Campbell,
who acknowledged the legal team'
hid its disappointment from the
media throng gathered at Truscott's
Guelph home ' on that fall day in
2004.
"We think the Minister might
have been more decisive." -
Finally, Campbell told those pre-
sent that he is confident AIDWYC's
role in Truscott's appeal will see a
long-awaited end by the time the
next AGM rolls around.
"I'm sure we'll have a report at
next year's meeting, but I'm sure it
won't -tell you anything you don't
already know."
Truscott was not present at the
AGM for AIDWYC, though a num-
ber of his supporters were, includ-
ing Romeo Phillion, who appeared
at Truscott's ` June hearing to show
w
his support:
err
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