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Ontario Court Quashes Timothy Rees’s 1990 Murder Conviction, Orders New Trial

The ruling cites police non-disclosure of a taped conversation with the home’s landlord that undermined the fairness of the original trial.

Overview

  • The Court of Appeal found a miscarriage of justice, set aside the conviction and left it to prosecutors to decide any further action.
  • The decision notes the Crown is not intending to put a case in order and appears unlikely to ever pursue a retrial.
  • Rees’s lawyer is seeking a Superior Court date next month to address next steps and hopes to have clarity by year-end, including the possibility of a withdrawal or agreed acquittal.
  • An undisclosed cassette recording of landlord James Raymer contained inconsistent and potentially incriminating statements about his contact with the child, which the court said should have been disclosed.
  • Rees, who served 23 years and says his confession was coerced, is free of the murder conviction pending the Crown’s decision after a 2023 federal referral returned the case to the appeal court.