The appellant, Andrew Cowan, appealed his conviction for second-degree murder.
The appeal was based on two primary grounds: inadequate disclosure by Crown counsel regarding the extent of his friendship with the trial judge, and the trial judge's post-conviction social interactions with the prosecution team.
The Court of Appeal found that the Crown's failure to fully disclose the nature of his relationship with the trial judge, including a prior agreement not to appear on the same cases, constituted a miscarriage of justice.
Additionally, the trial judge's decision to meet for drinks and dinner with the prosecution team immediately after the jury's verdict, and before sentencing, created a reasonable apprehension of bias.
The Court allowed the appeal and ordered a new trial.
