Winnipeg Free Press - PRINT EDITION
Posted: 12/31/2013 1:00 AM
A ruling ordering Mark Grant to be retried for the 1984 slaying of teenager Candace Derksen is officially before Canada's top court.
Lawyers with the Manitoba Prosecutions Service filed a notice to appeal the Manitoba Court of Appeal ruling to the Supreme Court.
The Court of Appeal ordered Grant, 50, be given a new trial on the basis he wasn't given a full defence at his 2011 trial.
Derksen, 13, disappeared after school and was missing for weeks until her body was found tied up and frozen in a shed at a business near the Nairn Overpass.
Grant wasn't arrested until 2007 after cold-case investigators obtained DNA results from a private laboratory linking him to twine used to bind Derksen.
In 2012, a jury convicted him of second-degree murder and he was sentenced to life in prison.
A new trial was ordered Oct. 30 when the Court of Appeal found jurors were barred from hearing anything about a similar case in September 1985 when Grant was in custody on an unrelated matter.
Winnipeg police probed the case of a girl, 12, who was found tied up in a boxcar months after Derksen's body was found.
The complainant, now an adult, testified in 2011 and denied the event happened.
Grant's trial judge refused to allow his defence team to present details of that case to the jury. The Appeal Court disagreed with that decision.
Prosecutors will argue the move to overturn Grant's conviction and order a retrial was a legal error.
"The Manitoba Court of Appeal erred in overturning the learned trial judge's decision that the risk that admitting similar fact-based, third-party suspect evidence would prejudice the trial outweighed its probative value," the Crown's notice of appeal states.
Grant's defence lawyer, Saul Simmonds, has not responded to the Crown's application.
It will be up to a panel of three Supreme Court judges to decide whether to grant the Crown leave to appeal and push the case to a full hearing. If leave is denied, the Crown can either retry Grant for Derksen's killing or drop the case, meaning Grant would be freed.
He was returned to remand status in Manitoba from federal prison in mid-November.
Grant has yet to signal if he will apply for bail, which he has the right to at this stage.
Republished from the Winnipeg Free Press print edition December 31, 2013 0
Having problems with the form?Contact Us Directly
Woman killed in fatal collision near Steinbach
Two charged for illegally selling elk meat
RCMP officer pleads guilty at new assault trial
Premier Selinger talks about his decision to soldier on despite caucus rebellion
Fire commissioner calls for band home inspections
Manitoba lags behind other provinces in organ donations
Woman convicted of aggravated sexual assault in HIV case
Retirees show workplaces how it's done in first choir contest
Two injured in small explosion at Standard Aero
New regulations for pesticides target poisonous plants
Nepinak wants Kelvin teacher fired
88 per cent of employment program retain jobs, closer to financial independence: province
Ready, set -- grow those beards
Conference on civilian internment to be first of its kind in Canada
Exit a body blow for Selinger
Criminal probe into HQ project
6 potential venues of inquiry
Terrorists succeed as Sony shelves The Interview
High of -8 today, warmer weather ahead
Truck-crash victim 'just lit up the room'
A doggone happy reunification
Oswald can win: NDP official
Constitution Act, Treaty 1 at CMHR
Workplace sexual harassment concerns rights commission
Kids-in-hotels program to change
Veterans Affairs hiring again
Woman in hospital after bus hits her
Cultural displays from our Chinese sister city
Tire program gains traction