Edward Downey filing for judicial review
Posted Apr 15, 2019 6:37 pm.
Last Updated Apr 15, 2019 6:42 pm.
This article is more than 5 years old.
CALGARY (660 NEWS) — A Calgary man who was convicted in the killing of a mother and her daughter is hoping a judicial review will result in a new trial.
Edward Downey’s lawyer filed the application after learning of a juror’s political connections. Downey was convicted last year in the 2016 deaths of Sara Baillie and her five-year-old daughter Taliyah Marsman,
According to his defence lawyer, Gavin Wolch, new information called the juror’s eligibility into question.
“There are people who are subject to exemptions — those aren’t necessarily absolute,” said Wolch. “So for example, if somebody lives too far away from where the trial is happening and it is a personal hardship, they can be excused.”
In Alberta’s Jury Act, there are specific jury exemptions including for elected officials, police and lawyers.
Now that the application has been filed a judge will review it before a sentencing hearing can be established.
“The next step is the judge will rule on the application and the judge can either direct that there be some further inquiry into the subject,” he said, “or determine that there won’t be a further inquiry into the subject and that whatever material the court already has would be sufficient for her to make a ruling.”
Wolch noted that while a judicial review is unusual, it is not unheard of.
A publication ban is in place that prevents the juror from being identified.
