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Tories want payout revealed

Tuesday, October 20, 2009

  • By: Quentin Casey
  • Organization: The Telegraph Journal

FREDERICTON - The Opposition Conservatives want the Liberal government to reveal how much compensation is being paid to Erin Walsh, an Ontario man who was wrongfully convicted of murder in New Brunswick 34 years ago.

The Tories insist the government is hiding public information by not releasing the compensation details. As evidence, they point to a number of high-profile Canadian wrongful conviction settlements in which the dollar figures were released.

"It's a matter of principle. Taxpayers have contributed to this settlement and we deserve to know the details," said Conservative MLA Jody Carr on Monday.

"It's about transparency, accountability and respect for taxpayers."

On Friday, Attorney General Mike Murphy said a civil suit filed by Walsh against the province and others - which was to begin this month - is now resolved.

Murphy said the New Brunswick government and the City of Saint John have agreed to pay compensation to Walsh, who is terminally ill with colon cancer.

Walsh was convicted in October 1975 of using a sawed-off shotgun to kill Melvin (Chi Chi) Peters in Saint John and served 10 years in prison before winning parole.

The civil suit named the province, the Crown prosecutor in the original trial, the City of Saint John and the Saint John Police Force as defendants.

Walsh, 61, was acquitted in March 2008 after he uncovered documents that were not presented to the jury during his trial.
The province and the city, however, are declining to reveal the details of the compensation, saying a confidentiality agreement was part of the deal.

But Carr contends the province should make the settlement details public. He is pledging to file a Right to Information request, as well as seek the information in the legislature this fall.
"We're the attorney general's clients - the taxpayers. He should be obligated to tell taxpayers what he's come up with for a deal," he said.

Carr, who represents the riding of Oromocto, said his request is not without precedent. On Monday, the Tories released a list of Canadian wrongful conviction cases in which settlement details were released.

Last year, for example, the Ontario government awarded Steven Truscott $6.5 million in compensation nearly five decades after he was wrongfully convicted of the murder of a schoolmate.

As well, in 1999, the Saskatchewan government announced a $10-million compensation package for David Milgaard, who spent 23 years in prison after his wrongful conviction for the rape and murder of Saskatoon nursing aide Gail Miller.

"This is quite an unusual occurrence in New Brunswick," Carr said. "It's a shame and it's not something I'm going to let go of."
Murphy was unavailable for comment on Monday.

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