Windsor homicide conviction torpedoed by choose, Crown socializing

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Breadcrumb Path Hyperlinks Ontario Crime The Courtroom of Attraction for Ontario determination comes practically 5 years after a jury convicted Andrew Cowan of second-degree homicide. Publishing date: Jun 06, 2022  •  33 minutes in the past  •  2 minute learn  •  Be part of the dialog Andrew Cowan leaves the Superior Courtroom of Justice in Windsor on Tuesday, August 1, 2017. Photograph by DAN JANISSE /Postmedia Article content material An undisclosed private friendship between the choose and the prosecutor in a Windsor homicide trial has led to a tossed homicide conviction. Commercial 2 This commercial has not loaded but, however your article continues under. Article content material The connection between Superior Courtroom Justice Kelly Gorman and assistant Crown lawyer Tom Meehan was first revealed by former Toronto Solar courts reporter Sam Pazzano. The Courtroom of Attraction for Ontario determination comes practically 5 years after a jury convicted Andrew Cowan of second-degree homicide within the Oct. 12, 2012, loss of life of his pal Edward Witt following an evening of boozing and heavy playing losses at a Windsor on line casino. Cowan’s “conviction is the results of a miscarriage of justice. It have to be put aside,” Justice J.C. MacPherson wrote in an opinion ordering a brand new trial. Two fellow Courtroom of Attraction justices agreed with the ruling, made public final week. Initially charged with first-degree homicide, Cowan was convicted by a Superior Courtroom jury of second-degree homicide following a month-long trial, and the choose imposed an computerized life sentence, with the minimal 10-year interval of parole ineligibility. Commercial 3 This commercial has not loaded but, however your article continues under. Article content material However between the conviction and the sentencing, Cowan’s lawyer discovered about fraternization between Gorman and Meehan and filed a request for mistrial. Assistant Crown lawyer Tom Meehan speaks with media exterior of the Oxford County Courtroom Home on Thursday, June 14, 2012. BRUCE URQUHART/POSTMEDIA After arguments earlier than the choose — Patrick Ducharme known as the assistant Crown lawyer a “stranger to the reality” and accused Gorman of a “lack of impartiality” — the defence’s software was dismissed by Gorman. In a two-day Courtroom of Attraction listening to, defence attorneys Gabriel Gross-Stein and James Lockyer, the distinguished founding director of the Affiliation in Defence of the Wrongly Convicted, argued 5 grounds of enchantment. MacPherson solely referred to, and agreed with, the primary argument — that there was “an affordable apprehension that the trial choose was biased and this resulted in a miscarriage of justice.” Commercial 4 This commercial has not loaded but, however your article continues under. Article content material Among the many “troubling conduct within the case” referred to by MacPherson within the written Courtroom of Attraction determination, was the Windsor choose contacting the trial prosecutor on the day of the jury’s responsible verdict and the 2 agreeing to exit for drinks. We apologize, however this video has did not load. Twice throughout that non-public rendezvous, Gorman commented about “so long as Mr. Ducharme (defence counsel) doesn’t stroll in.” An articling scholar within the Crown’s workplace had additionally been invited to the rendezvous however reported to a superior the subsequent day that it “positively was uncomfortable and felt flawed to me.” Meehan was subsequently suspended with pay for 5 days. One other Crown known as the socializing “ill-advised.” Witt, 55, died practically a decade in the past in a spectacular crash as he sat within the entrance passenger seat of a Ford F-150 pushed by Cowan. Ducharme known as it a “suicide pact” between the pair. Share this text in your social community Commercial 1 This commercial has not loaded but, however your article continues under. From our newsroom to your inbox at midday, the newest headlines, tales, opinion and photographs from the Toronto Solar. 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