The Minister of Justice referred the appellant's 1990 second-degree murder conviction to the Court of Appeal after it was discovered that police failed to disclose an audio recording of an interview with an alternate suspect.
The Crown conceded the non-disclosure constituted a miscarriage of justice, requiring the conviction to be quashed.
The appellant sought an acquittal, arguing a police conspiracy to frame him and that his confession was false.
The Court of Appeal declined to enter an acquittal, finding that a properly instructed jury could still convict based on the appellant's voluntary confession and new DNA evidence linking him to the victim's clothing.
The Court ordered a new trial rather than a judicial stay of proceedings.
