N.B. men cleared of 1983 murder hope Trudeau’s interest in case spurs compensation

SAINT JOHN, N.B. — Two men recently acquitted of a 1983 murder for which they served lengthy prison terms say they appreciate the prime minister taking an interest in their case.

Robert Mailman, 76, and his friend, Walter Gillespie, 80, now hope Justin Trudeau’s words translate into action — and that they can get compensated to spend the rest of their lives in peace and financial security. The matter is especially pressing for Mailman, who has terminal liver cancer.

“I hope he follows through (with) what he said on the TV,” Mailman said, in reference to a news conference in Saint John on Wednesday during which Trudeau told reporters the federal government is taking the case “extremely seriously.”

In an interview at his home in Saint John hours after the prime minister spoke, Mailman said, “To me it was a godsend that everybody got involved in this, and that (Trudeau) really has taken notice, and he is going to do something about it. That’s what it sounds like to me. And we really appreciate it.”

In response to a question about compensation for the two men, Trudeau wouldn’t give details. “We’re going through the appropriate steps right now,” he told reporters.

“I’m not going to comment more than that, but I can tell you that the justice minister (Arif Virani) is seized with this and we’ll be looking at all different options.”

In December, the justice minister overturned their convictions after fresh evidence emerged, and in the first week of January Chief Justice Tracey DeWare of New Brunswick’s Court of King’s Bench called the case a miscarriage of justice and offered an apology in her written ruling acquitting the two men. Mailman had served 18 years in prison, while Gillespie had served 21 years. 

Mailman said the prime minister is at the “top of the chain.” 

“I mean, he’s the chief. When he’s aware of it, everybody’s going to be aware of it. If he snaps his fingers, things (are) going to happen.”

A written submission to the court said Mailman was diagnosed with cancer in November last year and was given one to three months to live.

Saint John police Chief Robert Bruce said last week he asked retired RCMP officer Allen Farrah to conduct a comprehensive review of how investigators handled the case against the men.

Mailman and Gillespie are represented by lawyers with Innocence Canada, which advocates for the wrongfully convicted. The group’s co-president, Ron Dalton, said the government should give them some “interim compensation right up front … and then sit down and negotiate in good faith for a proper settlement.”

He described Gillespie’s living condition as a “hovel” and noted Mailman’s cancer diagnosis. 

Gillespie lives in an apartment that used to be a hotel room, and he has said it reminds him of his former jail cell.

“Neither one of them can afford to wait long,” Dalton said.

Mailman can no longer eat solid foods because of his cancer. He lives off three high-calorie supplements every day and sometimes eats a bit of yogurt.

Wearing a maroon and blue baseball shirt, with blue slacks, he sat in a brown couch next to a large window in his Saint John apartment. The seemingly too-big chair seemed to swallow the man who now weighs about 100 pounds down from his usual 160.

In his youth, Mailman said he was a “health nut” who jogged several kilometres every day and pumped iron. He only stopped when he was diagnosed with cancer. Until about three weeks ago, he said he could go for walks and drive his car. 

“I can’t do it now. Every day I’m getting weaker. I can feel it. I got 15-20 minutes in the utmost. Then I start to get tired. I start to hallucinate and that’s awful,” he said. “I can feel myself slipping.”

His best friend, Gillespie, sat next to him in another armchair. He said he was amused that Trudeau knew who he was.

“But I’m glad we heard (of his interest) from him,” he said. 

There is no number, Gillespie said, when asked if they were looking for a particular amount in compensation. “What can they give us after 40 years? Nothing.”

The justice system can “never” give back what they took, Mailman said.

“It isn’t going to do me any good where I’m going. But I’ve got a woman I want to make sure she’s taken care of. I got five grandchildren and six great grandchildren. That’s where the money’s going to go.”

This report by The Canadian Press was first published Jan. 18, 2024.

Hina Alam, The Canadian Press