This article was last updated on April 16, 2022
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Justice Minister, Peter MacKay, has requested a felon who served 23 years in prison, Frank Ostrowski, to head back to a Manitoba courtroom and this time try to prove that he was wrongly convicted of first-degree murder. Mr. MacKay allegedly examined Mr. Ostrowski’s 1987 murder conviction and announced on Tuesday to have referred it to the Manitoba Court of Appeal for reconsideration.
The court can now either leave the conviction intact or order a new trial for Mr. Ostrowski, which could possibly lead to the 65-year-old Winnipeg native being acquitted in the drug-related murder of Robert Nieman. In response to the minister’s action, Mr. MacKay mentioned in a press statement that “I am satisfied there is a reasonable basis to conclude that a miscarriage of justice likely occurred in Mr. Ostrowski’s 1987 conviction.” According to Mr. Ostrowski’s lawyers, James Lockyer of the Association in Defence of the Wrongly Convicted and co-counsel Alan Libman, they will be arguing that the Crown’s prime witness, Matthew Lovelace, had his drug-trafficking charge dropped for testifying against Ostrowski. Mr. Lovelace was a partner Mr. Ostrowski’s in moving drugs.
During the original trial, Mr. Lovelace denied having had made any agreement with prosecutors or the police even though that was not the case. Mr. Lockyer revealed that “it turned out [Lovelace] had made a deal with the police and Crown,” adding that “and that [drug] charge he was facing was withdrawn.” Mr. Lockyer added that the jury remained elusive of the fact and this could have undermined Lovelace’s credibility as a witness.11
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