This article was last updated on April 16, 2022
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The High Court of Ontario has revoked the charges of a first-degree murder on Wednesday, while ordering a new trial of a man who has already been convicted by a lower court for the brutal killing of a Barrie woman. The ruling of Court of Appeal for life imprisonment to 48-years-old Clare Spiers was labeled unconstitutional because the members of the jury were scrutinized by the Crown.
The lower court concluded that Spiers strangled and repeatedly stabbed his victim and so he was sentenced to life imprisonment in 2008. The four-month long trial was investigated the murder of 60-years-old Mimi Khonsari, a wife of a prominent Barrie surgeon. Court proceedings found out that Khonsari and her infant grandchild were kidnapped from their home, after which her dead body was discovered in a wooded area with 18 stab wounds to her neck on May 21, 2004. The baby was found crying but unharmed, abandoned in Khonsari’s vehicle in a parking lot.
The Superior Court Justice, Robert MacKinnon, referred to the crime as “a murder most vile” and alleged Spiers that “you slit her throat and watched her die.” Now that ruling is considered annulled and Spiers is once again assumed innocent unless proven guilty at another trial. The High Court alleged that appeal court stated the Crown and police carried out “extensive and improper pre-screening of prospective jurors” in order to weed out unsavoury candidates. The court found the Crown had no malicious intent.
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