Trial lawyer in acquittal of Candace Derksen’s accused killer hopes ‘justice system will serve him properly’ on B.C. sex-crime charges

A Winnipeg defence lawyer is cautioning the public against rushing to judgment after the man convicted and then acquitted of one of the city’s most notorious child murders has been accused of another crime in Vancouver.

Lawyer Saul Simmonds — who represented Mark Edward Grant, 62, during his second trial for the 1984 slaying of 13-year-old Candace Derksen in Winnipeg — said he has been communicating with his former client “on an ongoing basis” since his latest arrest.

The Vancouver Police Department charged Grant Tuesday with unlawful confinement, sexual assault with a weapon, assault with a weapon and uttering threats arising from a Jan. 8 incident.

“Vancouver Police responded around 6:30 a.m. to a report that a woman in her sixties had been sexually assaulted by a man inside a residential building,” Const. Darren Wong said in an update Wednesday.

Simmonds would not comment on the circumstances that led to Grant’s arrest.

“I don’t want to in any way misrepresent or misstate any of the facts. We are confident in his zealous defence, his position, and that Mark very clearly maintains his innocence,” Simmonds said.

“In the time since his release (in 2017), various individuals at various times learn about his history and make allegations about him that are unfounded. I’m hopeful that the justice system will serve him properly on this occasion.”

“The ability to retain counsel four provinces away is very challenging.”

Grant is in custody, awaiting a bail hearing on Jan. 28. Simmonds said it is unlikely he, or anybody from his office, will be acting as Grant’s counsel during that appearance.

His office is working to refer Grant to a lawyer in B.C.

“The ability to retain counsel four provinces away is very challenging,” Simmonds said.

“If Mark is in contact with us in an ongoing basis, we will do everything we can to continue to represent him, but our hope is that he finds somebody close to him — of the strength and of the calibre that he needs — to defend these serious charges.”

Candace Derksen disappeared in November 1984. The 13-year-old’s lifeless body was recovered in a shed near her home the following January, with her hands and feet bound behind her back. It was determined she died of hypothermia.

The crime remained a cold case for more than 20 years, until the Winnipeg Police Service arrested and charged Grant with first-degree murder in May 2007.

The police service claimed DNA evidence tied Grant to the crime, and he was convicted of second degree murder in early 2011.

Manitoba’s Court of Appeal overturned that ruling in 2013, finding — among other things — potential problems with the DNA evidence used to convict him.

The Supreme Court of Canada supported the decision in 2015. A second trial ended with Grant’s acquittal in 2017.

“Mark spent a lot of time in custody for an offence that he did not commit,” Simmonds said.

“It is unfortunate that he made his way out of the jurisdiction to get away from all of this, and then of course people learn about his history, and the next thing you know he’s a target again.”

The new charges against Grant have not been tested in court.

In 2019, Grant launched a civil claim against 13 defendants, including the Manitoba government. He sought $8.5 million in damages for wrongful conviction and imprisonment.

Lawrence Greenspon, the Ontario-based lawyer representing Grant in that matter, has not responded to requests for comment.

That lawsuit also remains before the courts.

tyler.searle@freepress.mb.ca