Winnipeg Free Press - ONLINE EDITION
Posted: 11/25/2013 2:01 PM
Canada's highest court will be asked to weigh in on whether Mark Edward Grant should get a new trial in the 1984 killing of schoolgirl Candace Derksen — as Manitoba's Court of Appeal recently ruled he must.
Prosecutors will seek leave from the Supreme Court of Canada to appeal a recent bombshell ruling from Manitoba's top court ordering Grant to be retried on a second-degree murder charge.
Grant, 50, learned Oct. 30 that his conviction for second-degree murder for the 1984 death of 13-year-old Candace Derksen was overturned by Manitoba's Court of Appeal.
The court ruled he was not afforded the right to make a full defence.
Grant's trial judge barred his lawyers from presenting evidence of a police investigation eerily similar to the Derksen probe taking place months after Derksen died and at a time when Grant was already in custody on an unrelated matter.
The Crown must now prove they have a case to make to the Supreme Court by arguing the Manitoba court's decision to order new trial was wrong in law.
The court must first grant leave to the Crown, deeming the case to be of "national importance" and worthy of being heard by a full nine-member court panel. If it does, it will open the door to a full hearing which likely won't take place for some time.
The Derksen family was notified late last week of the Crown's decision in the case, a Manitoba Prosecutions Service spokeswoman said Monday.
A jury convicted Grant in early 2011 following a lengthy and complex trial.
The Crown's case hinged on DNA evidence allegedly linking him to twine used to bind Derksen, who went missing after school Nov. 30, 1984, and was found weeks later frozen to death in a rarely used machinery shed in a brickyard near the Nairn Avenue overpass.
Grant was arrested 2007 after cold-case homicide investigators reopened the file and had DNA tested at a private lab in Thunder Bay, Ont. He has been in custody ever since.
It is open to him to make a bail application, but has yet to signal he will. He has been returned to Manitoba, court records show.
Have you found an error, or know of something we’ve missed in one of our stories? Please use the form below and let us know.
Having problems with the form?Contact Us Directly
Bookings altered for Redford flights: report
Shelling adds to mounting civilian toll in Ukraine
Collision kills driver on Highway 10
Manitoba's phone-based health advice service celebrates 20th anniversary
New affordable housing agreement signed
Runway at Winnipeg airport reopening after repair work
Canada's Damian Warner, Jim Steacy win gold
Cochrane wins 2nd gold at Commonwealth Games
Hughes renews call for children's advocate independent of government
Man found by firefighters identified
Steeves proposes halving malathion buffer zones
Canada plans new sanctions against Russia
Israel hits symbols of Hamas rule; 128 killed
Sixth and last suspect being sought in Polo Park robbery, confinement case
Moore out, Kelly in against Ti-Cats
Salaries of First Nation leaders online
3 reporters subpoenaed in 'pink slime' lawsuit
Canadian wrestlers win 2 gold in Glasgow
Suzuki recalls nearly 26,000 cars for fire risk
China investigating Microsoft in monopoly case
One Bad Son plays some feel-good rock at News Café
Sam factor prepares Rams for sensitivity session
Filmmaker finds beauty in decay in doc-style music video about Winnipeg
Vegas illegal betting suspects freed from custody
Appeals court upholds labels on meat packages
Trump says his Buffalo Bills bid unlikely to win
Jets sign Frolik to one-year deal
Elegant Louvre Garden in Paris infested with rats
Jury awards Ventura $1.8M in defamation case
Hungry cat wakes owner before home burns
Cyclist made tourniquet from pants after shooting
Beautiful day, and week, ahead
Teacher who survived Sandy Hook has book deal
Legendary pitcher Jenkins sees familiar dreams at Shaw Park
Study: 35 per cent in US facing debt collectors
Suicide bomber kills Afghan president's cousin
Hajrullahu named special teams player of the week
Ripe for the pickin': berry growers and eaters enjoy a plentiful season
Whale-watching Ontario family stranded at sea