This article was last updated on April 16, 2022
Canada: 
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The Supreme Court of Canada has nullified conviction of first-degree murder charges against a Toronto man who has already served more than a decade in jail, in light of recent evidence pulled by his lawyer showing that he did not cut his dreadlocks to circumvent being identified as the shooter, but merely shaved his face.
In a unanimous court ruling, Justice Marshall Rothstein stated that “it cannot reasonably be disputed that . . . [the] fresh evidence bears on a decisive issue.” However, the court stopped from ordering for Leighton Hay to be acquitted, alleging that the hairs were not decisive enough for that. Mr. Hay was only identified in court by one eyewitness as one of the two shooters in the 2002 nightclub killing of Collin Moore. The witness asserted that a two-year-old picture of Mr. Hay looked 80 per cent like him, but refused to identify the picture taken on the day of his arrest. However, Mr. Hay’s co-accused, Gary Eunick, was identified by multiple eyewitnesses as gunman, who was also convicted of first-degree murder.
Upon searching Mr. Eunick’s residence, where Mr. Hay and his family also resided, Police discovered bullets in a sock, a white t-shirt with gunshot residue in it, and hairs wrapped in a three-week-old newspaper. In court, the Crown alleged that the hairs illustrate that Mr. Hay was attempting to escape from being identified. His defence lawyer at his trial did not attempt to have the hairs analyzed at the time.
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