MINISTER OF JUSTICE REFERS MURDER CASE
TO ALBERTA COURT OF APPEAL

OTTAWA, February 15, 2005 – Irwin Cotler, Minister of Justice and Attorney General of Canada, today announced he has referred the first-degree murder conviction of Danny William Wood to the Alberta Court of Appeal, under the conviction review provisions of the Criminal Code.

Merla Laycock was found murdered on the night of March 1, 1979 in Calgary , Alberta . Five years later, Mr. Wood was charged with her murder. He was convicted of first- degree murder by a judge and jury, but the conviction was overturned by the Alberta Court of Appeal. He was subsequently retried. On June 7, 1990 , he was convicted a second time and sentenced to life imprisonment.

Further criminal appeals were unsuccessful and Mr. Wood applied to the Minister of Justice for a review of his murder conviction under s.690 (now section 696.1) of the Criminal Code.

During the course of the investigation, counsel with the Department of Justice Canada ’s Criminal Conviction Review Group discovered that significant evidence was not disclosed to
Mr. Wood or his counsel during any of his criminal proceedings. This new and significant evidence could have had an impact on the fairness of Mr. Wood’s trial and his conviction. As a result, the Minister is satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred in this case.

The Minister made his decision after reviewing the Investigation Report, the submissions of counsel for Mr. Wood and the Attorney General of Alberta, and the recommendations of
Mr. Bernard Grenier, his Special Advisor on the criminal conviction review process.

When the Minister of Justice concludes that a miscarriage of justice likely occurred, he can order a new trial or refer the matter to the Court of Appeal. The Minister cannot decide guilt or innocence nor can he overturn a conviction.

Pursuant to section 696.3(3)(a)(ii) of the Criminal Code, the Minister is referring the matter back to the Alberta Court of Appeal as an appeal against conviction. The Alberta Court of Appeal is in the best position to assess the relevance, reliability and potential impact of the undisclosed evidence on the fairness of Mr. Wood’s trial and his conviction.

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Ref.:

Denise Rudnicki
Director of Communications
Office of the Minister of Justice
(613) 992-4621

Media Relations Office
Department of Justice Canada
(613) 957-4207