The Saint John, New Brunswick police force remains under scrutiny more than a year after its chief pledged a review of the investigation that led to the wrongful convictions of Robert Mailman and Walter Gillespie for a 1983 murder. Chief Robert Bruce announced the “comprehensive review” in January 2024, shortly after the men’s exoneration by the New Brunswick Court of King’s Bench and a subsequent order for a new trial by the federal Justice Minister. The review, entrusted to retired RCMP officer Allen Farrah and his firm Clear-Path Solutions, Inc., intended to examine the Saint John police’s role in the miscarriage of justice. However, as of January 2025, no report has been released, and the police force has offered no timeline for its completion or public release, shrouding the process in secrecy and raising concerns about transparency and accountability. This delay has prompted questions from the province’s premier and renewed calls for a deeper examination of the systemic issues that contributed to the wrongful convictions.
The extended silence surrounding the police review amplifies the injustice suffered by Mailman and Gillespie, who collectively served almost four decades in prison for a crime they did not commit. Innocence Canada, the organization instrumental in securing their exoneration, detailed numerous flaws in the original investigation, including police tunnel vision, suppression of exculpatory evidence, and reliance on recanted witness testimonies. The organization’s court submission highlighted the payment of $1,800, along with hotel and relocation expenses, to a key witness whose testimony later proved unreliable, a fact withheld during the original trial. This raises serious questions about the integrity of the investigation and underscores the need for a thorough and impartial review. The lack of transparency from the police force only fuels skepticism about their commitment to uncovering the truth and ensuring accountability.
The ongoing delay in the police review also raises concerns about the process itself. Critics, including Innocence Canada’s founding director James Lockyer, question the impartiality of a review conducted by a former police officer and commissioned by the very police force under scrutiny. They argue that such sensitive investigations, particularly those involving potential misconduct by law enforcement, should be handled by independent bodies, such as public inquiries or government commissions. This ensures objectivity and public trust in the findings. The current approach, relying on an internal review, raises concerns about potential conflicts of interest and a lack of genuine commitment to addressing systemic issues.
Further complicating the matter is the fact that one of the wrongfully convicted men, Walter Gillespie, passed away shortly after reaching a settlement with the New Brunswick government. This tragic outcome underscores the urgency of completing the review and making its findings public. Not only does it represent a lost opportunity to fully understand the circumstances that led to his wrongful imprisonment, but it also deprives his family and the public of the closure and potential systemic changes that could prevent future miscarriages of justice. The continued delay risks compounding the suffering of those already impacted by this tragic case.
Robert Mailman, battling terminal liver cancer, now faces the prospect of never seeing the results of the review or receiving an apology from the police. His words poignantly express the fear that without accountability, similar injustices will continue to occur. His case serves as a stark reminder of the devastating consequences of wrongful convictions and the urgent need for systemic reforms within the criminal justice system. The delay in the police review denies him the validation and acknowledgement of the profound injustice he endured, adding another layer of suffering to his already difficult circumstances.
The prolonged silence surrounding the Saint John police review highlights a critical need for transparency and accountability within law enforcement. The lack of a timeline, coupled with the reliance on an internal review process, undermines public trust and raises serious questions about the commitment to addressing the root causes of wrongful convictions. The case of Mailman and Gillespie serves as a stark reminder of the devastating impact of systemic failures within the justice system and the urgent need for reforms that prioritize fairness, transparency, and accountability. The ongoing delay in the review not only prolongs the suffering of those directly affected but also hinders the potential for meaningful change that could prevent future injustices.
