Local

Winnipeg Free Press - ONLINE EDITION

High court rejects bid to dismiss case of alleged arson, manslaughter

By: Mike McIntyre

Posted: 10/18/2012 4:33 PM

It is one of the more unusual homicide cases in recent history. Now Manitoba’s highest court has rejected a bid to dismiss it based on a lack of evidence.

Suzanne Eckstein, 46, is charged with arson, conspiracy and manslaughter -- despite the fact it was the victim who apparently caused his own death. She was arrested in 2008, and the case has been slowly moving through the justice system ever since.

Eckstein was ordered to stand trial following a preliminary hearing last year, but defence lawyer Martin Glazer filed a motion seeking to have that ruling overturned on the grounds there is no chance of conviction against his client. Arguments for a directed verdict of "not guilty" were made last June, and the Court of Appeal finally ruled Thursday that they were upholding the original decision in which a judge found there was at least some evidence to move the case along. No trial dates have been set and Eckstein remains free on bail.

"In my view there is no merit to the accused’s argument," Justice Richard Chartier wrote in the 14-page decision. "The reviewing judge correctly applied the appropriate standard of review."

Kenneth Dunn, 19, died from severe burns to nearly 100 per cent of his body following a June 2008 fire that gutted a home at 138 Lorne Avenue. Eckstein and her fiancé -- who is Dunn’s uncle -- were living in the home at the time.

According to court documents obtained by the Free Press, police allege that Eckstein and the victim conspired to burn down the house for insurance money. Police believe Dunn and possibly two other males then poured gasoline throughout all four floors of the home before igniting it while Eckstein was not present.

The flames may have quickly spread to Dunn, badly burning him. Witnesses reported hearing an explosion and Dunn apparently jumped from a second-floor window, running from the house and leaving a trail of bloody footprints behind before collapsing on a nearby boulevard.

"I’ve never encountered a case like this before. It turns criminal law on its head," Glazer previously told the Free Press. "The poor guy died by his own hand -- he set the fire."

Eckstein was stunned by her arrest and the allegations made against her, according to Glazer. "She wasn’t even there when this happened," he said. Glazer said his client had nothing to gain financially by torching the property, considering it was owned by her fiancé, George Dunn. She also had no civil stake because she’d been living with him for less than a year, he said.

Glazer expects legal eyes from across Canada will be watching the case closely, whenever it gets to trial. In the Criminal Code, there are provisions that allow for a charge of "unlawful act" manslaughter in which a person dies unexpectedly during the course of committing another crime.

There are some comparisons to a high-profile case in the United States involving a robbery gone bad.

Two men looking for drugs burst into a home in 2007, only to be confronted by the gun-toting resident. One robber was shot dead, the other escaped. Police charged the surviving robber with causing the death of his co-accused. The homeowner was given a free pass on the grounds of self-defence.

www.mikeoncrime.com

Fact Check

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.

* Required

In which story did you find the error? *
Please post the headline of the story or the title of the video with the error.
What was the error? *
Please post exactly what was wrong with the story.
What should we have written?
Please indicate your source for the correct information.
Who else should we interview to improve this story?
Please include any contact information you may have.
Can we contact you in the future for advice on stories about this topic?
Yes

No
First Name: *
Last Name: *
E–mail Address: *
This will only be used to contact you if we have a question about your submission, it will not be used to identify you or be published.
Phone: *
This will only be used to contact you if we have a question about your submission, it will not be used to identify you or be published.
Colour:
Are you blue? If you can see this, leave it blank and get some CSS support.
Enter the words that you see: * This is to prevent our forms from being filled out automatically.
You have failed to correctly identify the words in the box above. Please try again.