Department of Justice

MINISTER OF JUSTICE ANNOUNCES DECISION
ON APPLICATION FOR MERCY BY PATRICK KELLY

OTTAWA, November 25, 1996 -- Allan Rock, Minister of Justice and Attorney General, today announced that he has referred the application of Patrick Kelly under section 690 of the Criminal Code to the Court of Appeal for Ontario for its opinion on new information advanced by Mr. Kelly.

In December, 1993, Patrick Kelly submitted an application to the Minister of Justice for a section 690 Criminal Code review. The application was based on, among other things, new information in the form of an apparent recantation by a Crown witness, Dawn Taber, of her eyewitness testimony. In addition, Mr. Kelly has submitted new information from scientific experts which he contends casts doubt on the scientific evidence presented at the trial.

In July, 1996, following the investigation of the application by the Department of Justice, counsel for Mr. Kelly made lengthy submissions to the Minister regarding the application. The Minister reviewed the new information provided by Mr. Kelly, his counsel, and Ms. Taber, together with the entire record of trial and appellate proceedings. After considering the matter, the Minister has decided that in the unique circumstances of this case he will ask the Court of Appeal for Ontario, to determine whether the new information would be admissible on appeal to the Court of Appeal.

Accordingly, pursuant to paragraph 690 (c) of the Criminal Code, the Minister has referred to the Court of Appeal for Ontario for its opinion, the following questions:

1.In the circumstances of this case, would the new information from Dawn Taber be admissible on appeal to the Court of Appeal?

2.In the circumstances of this case, would the new information from the scientific experts be admissible on appeal to the Court of Appeal?

If the Court of Appeal for Ontario concludes that the new information from either Ms. Taber or the scientific experts would be admissible on appeal, the Minister will refer the matter to the Court of Appeal pursuant to section 690(b) for hearing and consideration as an appeal by Mr. Kelly.

In the event the Court of Appeal for Ontario were to conclude that neither the new information from Dawn Taber nor the new information from the scientific experts would be admissible on appeal, the Minister would consider that opinion in assessing the appropriate action to be taken in response to the application.

Section 690 of the Criminal Code provides that a person who has been convicted of an indictable offence and who has exhausted all appeals may apply to the Minister of Justice for a review of his or her conviction.

Ref.:   Jennifer Lang         Yvan Roy
        Minister's Office     Department of Justice
        (613) 992-4621        (613) 957-4728