National Post (National Edition)
Man cleared of murder after 17 years
H A L I FA X • A Nova Scotia man who served 17 years in prison for murder was acquitted of the charge Friday, after a two-decade struggle to prove he was wrongfully convicted of fatally stabbing his ex-girlfriend.
“I proved my innocence here today, after 21 years,” Glen Assoun said as he emerged from a Halifax courtroom.
“I never gave up hope. I knew this day would come.”
Inside the courtroom, his two daughters cried quietly as the Crown dropped the case, effectively exonerating the 63-year-old in the 1995 murder of Brenda LeAnne Way.
Earlier in the day, federal Justice Minister David Lametti quashed the conviction, saying Assoun should be granted a new trial because he was a victim of a miscarriage of justice.
A few hours later, Assoun stood and pleaded not guilty when the second-degree murder charge was read aloud in Nova Scotia Supreme Court.
Crown prosecutor Mark Scott then said, “There is no longer a realistic prospect of conviction.”
The case was dismissed immediately.
Assoun was released on bail in November 2014, based on a preliminary assessment that determined he may have been wrongfully convicted.
“This is a momentous day in the Supreme Court of Nova Scotia,” Justice James Chipman told the court. “Glen Assoun, you maintained your innocence, you kept the faith with remarkable dignity … (and) you are to be commended for your courage and resilience.”
Philip Campbell, one of Assoun’s lawyers, said “We hope the community of Halifax will welcome him back and embrace him as an innocent man.”
Lametti’s decision said a federal inquiry determined “relevant and reliable information” was never provided to Assoun during his trial in 1999.
Outside the courtroom, Campbell said police failed to disclose important evidence before a Nova Scotia Court of Appeal case that Assoun lost in 2006.
The RCMP were not immediately available for comment.
Halifax police didn’t respond to questions about disclosure.
Const. John MacLeod emailed a response saying, “We believe our officers conducted a thorough investigation into Brenda Way’s homicide at the time.”
Earlier this week, Assoun told The Canadian Press that the time he spent in prison robbed him of his health, damaged his family and left him with recurring nightmares and mental illness.
“It was devastating to me. It affected my mind. It affected my overall health. I had several heart attacks,” the father of four said in an interview at his Halifax-area home. “Life passed me by.”
A public inquiry should look into how police and prosecutors handled his case, he said.
On Sept. 17, 1999, Assoun was convicted by a jury and sentenced to life in prison with no chance of applying for parole for 18 years.
He spent the next 16 years and eight months behind bars.
That’s six years longer than the 11 years Donald Marshall Jr. served for his wrongful conviction for murder in 1971. In 1990, the Mi’ kmaq man, who would later become a well-known Indigenous leader, was found to have been the victim of a criminal justice system marked by racism and incompetence.
The Assoun case began at 7:30 a.m. on Nov. 12, 1995, when Way’s body was discovered in an apartment parking lot in Dartmouth’s north end.
She had been stabbed and her throat slashed. Court documents say she had been spotted the previous evening visiting a crack cocaine dealer.
At the time, Assoun was facing charges of assaulting Way. He was slated to appear in court about a month later.
He was arrested and jailed in March 1998.
The case against him was based largely on the testimony of witness- es with circumstantial evidence.
During his trial, Assoun fired his lawyer. Though he told the judge he felt he needed counsel, Assoun ended up defending himself in the complex proceedings.
Disputes over the validity of the prosecution have been in the public domain for years.
Key to Assoun’s defence was his alibi.
At his 36-day trial in Nova Scotia Supreme Court, witness Isabel Morse testified Assoun was staying with her on the night of the murder.
She testified she saw him in her apartment at 5 a.m. and that he was there when she awoke in the early afternoon.
The Crown countered with testimony from Margaret Hartrick, a friend of Way’s, who testified she saw Assoun at 4: 15 a. m. on the night of the murder.
Hartrick also testified that Assoun told her Way was dead.
A prostitute and frequent crack cocaine user, Hartrick died before Assoun’s trial began. However, her videotaped testimony from the preliminary hearing was shown to the jury.
Assoun’s nephew, Wayne Wise, testified he asked Assoun during a phone call if he had murdered Way. Assoun had replied “yes,” he said.
There was also testimony that Wise, who was described as a “career criminal and cocaine addict,” had “requested favours in exchange for his testimony.”
Another Crown witness, an 18- year- old prostitute, testified she was cut and raped some time between March 1996 and November 1997 by a man who admitted to killing Way.
She identified the man as Assoun, based on seeing his photo on TV the day after he was arrested and brought back from B.C. on Apr. 8, 1998.
Assoun’s sister-in-law, however, testified Assoun was living in B.C. at the time of the alleged rape.
Assoun and Innocence Canada lawyers applied to the federal Justice Department for a review, spending more than 12 years quietly battling for his release.
Assoun sought an appeal, but the Nova Scotia Court of Appeal — who confirmed police were never able to find physical or forensic evidence — dismissed his case on Apr. 20, 2006.
The Supreme Court of Canada dismissed Assoun’s application for leave to appeal on Sept. 14, 2006.
IT AFFECTED MY MIND. IT AFFECTED MY ... HEALTH. I HAD SEVERAL HEART ATTACKS.