Frank Ostrowski is relieved to finally have his condemnation & # 39; & # 39 murders; first grade & # 39; out of his legs, which allowed him to travel outside Manitoba and enjoy his freedom after decades & # 39; years to maintain his innocence.
"It's finally over," he told CBC News Wednesday morning.
The Court & # 39; Appeal & # 39; Manitoba issued its decision on Tuesday on the event & # 39; Ostrowski, and said the conviction & # 39; Robert Nieman in 1986 had to be canceled.
The decision goes on to say that given the amount of & # 39; elapsed time, and has already spent years Ostrowski & # 39; behind bars, no new evidence m & # 39; & # 39 must be called in, this time. Instead, the decision requires judicial stay of proceedings.
However, the court failed to accept.
"The strings are cut '
Ostrowski was fighting for liberation and said that the court was "on the wrong track."
Still, he said he is just happy to have a new start in life.
Ostrowski was released on bail in 2009 after 23 years behind bars, after the federal Justice Department began reviewing the case & # 39; Ostrowski unlawful conviction possible.
His freedom was defeated by conviction, he said, and lived under a number of & # 39; conditions.
"Murder & # 39; far behind. Now I & # 39; I take my passport and go to Cuba and enjoy myself without having to ask the Crown and my lawyers if I & # 39; go".
"I & # 39; go to the Fisheries & # 39; Kenora, was unable to do for nine & # 39; years. I could not go there because it is outside Manitoba. I ask permission wherever I go." Where are you going? S & # 39; Will Doing? "The strings are cut."
Failure to disclose evidence
At the top of & # 39; the appeal & # 39; Ostrowski was not disclosed whether key evidence to his defense lawyers. This included an agreement with the Crown upheld its key witnesses to suspend his drug charges if Ostrowski described against, and reports from official contradicted x-witness testimony.
The report said police & # 39; Winnipeg received suggestion was ordered "hit". However, the official wrote that the hit was against Nieman, Ostrowski man was sentenced for murder.
This evidence was exposed in & # 39; meetings held in late 2016 and early 2017 before the Court of Appeal of Manitoba.
In its decision, the Court of Appeal found that the lack of the Crown to disclose this evidence hinder the defense & # 39; Ostrowski, because his lawyer could & # 39; use it to challenge the credibility of & # 39; important details in the case against him.
However, the decision also states that it does not lack & # 39; witness reliability & # 39; witness, and that a jury could reasonably find anyway to Ostrowski guilty if ordered a new trial.
3 men convicted
Ostrowski was one of three men convicted in the murder of & # 39; Nieman.
Robert Dunkley was convicted that pulls the trigger and was sentenced to life in prison. Jose Luis Correia was sentenced to life in prison but was granted early release and was deported in & # 39; country, Portugal.
The Crown prosecutor in the case & # 39; Ostrowski was George Dangerfield, who also took three cases & # 39; profile where the accused was sentenced unjustly James Driskell, Kyle Unger and Thomas Sophonow. Since then was withdrawn.
The three cases have similarities with & # 39; Ostrowski:
- Driskell was convicted of murder in & # 39; Winnipeg in 1990 based partly on testimony given by a witness to dozens of & # 39; & # 39 thousands; dollars in payments & # 39; expenses as well as immunity against payment of & # 39; burning. The verdict against Driskell earned & # 39; in 2006.
- Sophonow was exonerated in 2000, after his conviction for unlawful death of 1981 & # 39; Barbara Stoppel, a waitress & # 39; 16 years. Sophonow was convicted of & # 39; strangling her, based partly on Sophonow alleged confession of a man in jail. The Crown never revealed that an informant had negotiated for him to stop accusations in exchange for testifying.
- Unger was convicted of killing teenage girl in & # 39; music festival in 1990, based in part on the hair samples found on the spot. The DNA testing after years have shown that hair did not belong to him, and was released in 2009.