The appellant appealed his conviction for first degree murder.
He alleged serious misconduct by the Crown and police, including failing to disclose that a Crown witness perjured himself regarding promises of a pardon, and a police officer recording testimony to give to the witness despite an exclusion order.
The Supreme Court of Canada held that the Court of Appeal erred in refusing to allow the appellant to complete his evidence on these issues and in applying the curative proviso.
The appeal was allowed and a new trial ordered.
