Important information not disclosed at Ostrowski’s trial

Hey there, time traveller!
This article was published 24/11/2009 (5815 days ago), so information in it may no longer be current.

WINNIPEG — It’s in the public interest to release Frank Ostrowski, convicted of a 1986 drug hit and sentenced to life behind bars, from prison while Ottawa weighs whether he’s a victim of a miscarriage of justice.

That was the opening salvo from Ostrowski’s lawyer James Lockyer of the Association in Defence of the Wrongly Convicted in court this morning at a bail hearing.

Lockyer said there is considerable if not overwhelming evidence that important information was not disclosed by the Crown and police at Ostrowski’s trial.

That evidence had to do with a secret deal key witness Matthew Lovelace had with authorities to testify against Ostrowski, to get a cocaine trafficking charge against him withdrawn so he wouldn’t go to jail.

Lovelace testified Ostrowski ordered the killing of Robert Nieman because Nieman told police about Ostrowski’s cocaine business.

Lovelace also told the jury he did not have a deal, but months later he was acquitted on the drug charge at a trial where no evidence was called.

Ostrowski has spent 23 years in prison and has maintained his innocence since the day he was arrested.

Lockyer said it could be months if not years before Ottawa decides if Ostrowski got an unfair trial.

Lockyer said if Ostrowski is released on bail, he’ll be the fifth person in Canada claiming wrongful conviction to get such treatment.

Of the four other cases, each saw his conviction quashed, Lockyer said.

Two of the four are Manitoba cases, James Driskell and Kyle Unger.

Ostrowski’s bail hearing continues this afternoon at the downtown Law Courts building.

Madam Justice is expected to reserve her decision.

 

 

 

Key chronology

Sept. 9, 1986 -- Jim Luzny is arrested on drug trafficking charges after being caught in possession of LSD, cocaine and marijuana.

Sept. 13, 1986 -- Matthew Lovelace is arrested for trafficking cocaine after police seize 85 grams of cocaine from behind the seat of his truck.

Sept. 14, 1986 -- Frank Ostrowski is arrested at his Glenway Avenue home where police find 308 grams of cocaine and $50,000 in a floor safe.

Sept. 25, 1986 -- Lovelace calls police saying "Frank has a contract out" on his carpenter friend, later identified as Dominic Diubaldo.

Sept. 25, 1986 -- Robert Neiman is shot three times in his head as takes off his jacket at his Tyndall Park residence. He dies 27 days later in hospital.

Sept. 26, 1986 -- Ostrowski is arrested for conspiracy to commit murder and attempted murder.

Sept. 29, 1986 -- Robert Dunkley is arrested at a Brandon hotel. He is accused of shooting Nieman with a Browning .32-calibre handgun to wipe clean a $6,000 drug debt.

Oct. 18, 1986 -- Jose Luis Correia is arrested and accused of driving Dunkley to Nieman's residence and restraining Nieman's roommate. Correia confesses he participated to wipe clean a $600 drug debt. (Correia has been released from prison and deported to his native Portugal. He won early release last year following a faint hope hearing in Winnipeg).

March 14, 1987 -- Luzny is charged with murder in Neiman's death.

April 14, 1987 -- Lovelace testifies that Ostrowski believed Nieman told police about his drug stash at home. He also testifies his call to police mentioned an attempt to kill Nieman. He denies he was promised anything by the Crown in exchange for his testimony against Ostrowski.

April 24, 1987 -- Dunkley at trial recants his earlier police statement that Luzny hired him to kill Nieman and supplied the gun. Dunkley said his statement was concocted with police help.

May 13, 1987 -- Luzny is acquitted at trial and set free as there is no evidence against him.

May 23, 1987 -- Ostrowski and Correia are sentenced to life in prison with no chance of parole for 25 years. Dunkley had earlier been sentenced to a minimum of 20 years in prison after a plea-bargain deal fell apart.

Nov. 16, 1988 -- Lovelace is acquitted of possession of cocaine for the purpose of trafficking by provincial court Judge Ian Dubienski. The Crown calls no evidence at his trial.