Prosecutors have dropped the second-degree murder charge against Timothy Rees, following a decision by Ontario’s highest court to overturn his conviction in the 1989 tragic killing of a 10-year-old girl in Toronto.
After the Court of Appeal for Ontario ordered a new trial for Rees last month, the prosecution has now decided not to pursue further legal action. Citing the appeal ruling and the time that has passed, prosecutors stated that it was no longer in the public’s interest to proceed with the case.
Rees’s defense attorney, James Lockyer, had been hopeful that the prosecution would opt for an acquittal using their discretion.
Initially found guilty of second-degree murder in 1990 for the death of Darla Thurrott, Rees was sentenced to life imprisonment with no chance of parole for 15 years. Despite challenging his conviction, having his appeal dismissed in 1994, and the Supreme Court refusing to hear his case, Rees was eventually released on day parole in 2009 and later granted full parole.
Over two decades after his conviction, new information led the federal justice minister to refer Rees’s case back to the Appeal Court. This new evidence, previously unheard during his trial or appeal, prompted the Appeal Court to order a new trial, identifying a miscarriage of justice.
The crucial point of the new appeal centered on a recording of a conversation between a police officer and the landlord of the building, which had not been disclosed to the defense. In the recording, the landlord, who resided in the same property as Darla and her family, denied being involved in the girl’s death but made statements hinting at prior interactions of a sexual nature with her.
The failure to provide this tape significantly impacted the fairness of the trial, depriving the defense of crucial material to explore the possibility of an alternative suspect, as ruled by the court.