An indigenous man convicted in the murder of a restaurant employee 50 years ago was acquitted in Winnipeg this week by a judge who characterized the conviction as a miscarriage of justice.
Outside the court, 72-year-old Clarence Woodhouse showcased his court papers, along with a T-shirt that said “Innocent.” He said he plans to celebrate by spending quality time with his son and grandchildren.
“I'll probably just relax,” Woodhouse told reporters Oct. 3.
Woodhouse is the third person to be acquitted in the 1973 stabbing and beating of Ting Fong Chan. Chan was killed near a construction site in the downtown area on his way home from work. Brian Anderson and Allan Woodhouse were exonerated of his murder last year.
The federal justice minister has ordered a review of their cases.
Clarence Woodhouse and Anderson were not provided with an interpreter despite both men primarily speaking Salteaux, the men’s lawyers said. Yet the convictions the men received in 1974 were primarily based on statements given to English-speaking police officers.
The statements collected by the police at the time included what the prosecutors referred to as a signed confession from Anderson.
The attorneys argued the statements to police were not valid because neither man was fluent in English.
A Crown attorney told the court Oct. 3 that police coerced and manufactured the statement from Woodhouse, whose limited English was demonstrated at the trial.
“Our justice system failed to provide Mr. Woodhouse and his co-accused a fair trial,” Michele Jules said.
Court of King’s Bench Chief Justice Glenn Joyal apologized on behalf of the justice system to Woodhouse, who spent more than a decade in prison before being released on parole.
“There’s nothing I can say to you that can give you back those 12 years,” Joyal said. “You were wrongfully convicted. You were innocent.”
Anderson served nearly 11 years before being granted full parole in 1987. Allan Woodhouse served 23 years. The men are suing three levels of government, saying their imprisonment was the result of racial discrimination.
Russell Woodhouse, Clarence Woodhouse’s brother, was also convicted. He died in 2011.
The Winnipeg Police Service recognized the decision Oct. 3, noting that its policies and practices have changed since the 1970s.
“Videotaping suspect and witness statements for major and serious crimes is now commonplace,” the service said in a press release.
“The identification process now includes dedicated forensic investigators, advancements have been made in the collection of accurate evidence, and all police personnel are required to undergo mandatory bias-free and culturally based education and training.”
Manitoba Premier Wab Kinew also apologized during a meeting with Clarence Woodhouse at the legislature later that day.
“I think the main thing we want to get across is to apologize and say we’re sorry,” Kinew said.
The Canadian Press contributed to this report.
