Ruling pending on Perlett appeal

After hearing his case earlier this week, the Ontario Court of Appeal is in the process of deliberating whether convicted murderer Jamie Perlett will get a new trial.
Justice John Laskin, Justice Eilleen Gillese, and Justice Jean MacFarland heard the appeal Monday and Tuesday in Toronto, but their decision is on reserve.
And Perlett’s lawyer, Dan Brodsky, said Wednesday it’s difficult to say when that decision will come back.
“There is no normal time within which a ruling can be expected.” he said. “I have argued cases where the ruling was issued the morning after the appeal was argued and others where the ruling was issued a year later.
“I hope, in this case, it’s not the latter,” he added.
In its appeal, the defence requested that a new trial for Perlett be ordered on two counts of second-degree murder, and to dismiss the Crown’s cross-appeal that if there is a new trial, Perlett be tried for two counts of first-degree murder.
The appeal hearing was granted after Brodsky made an application to adduce fresh evidence in Perlett’s case—mainly related to forensics, motive, and exclusion of an expert testimony.
Overall, Brodsky felt the hearing went well.
“The court asked the Crown to respond to each and every issue raised by the appellant,” he said. “That is, no issue raised by the appellant was dismissed as having so little merit that no assistance was needed from the respondent.
“The justices listened intently to both sides, and asked both the Crown and defence to assist the court with questions that the justices had,” he added.
Crown Attorney Dan Mitchell and a number of police officers from the original investigative team were present to observe the arguments. Crown law office counsel is Jamie Klukach.
He could not be reached for comment prior to press time.
“I am still absolutely certain that Jamie Perlett is factually innocent, but my belief is not an issue that can be raised on an appeal,” Brodsky said.
“I am confident that, one day, the true killer will be arrested and Jamie Perlett will be exonerated. My file will not be closed until that day,” he vowed.
“I am sure that everything that could have been done for Jamie on this appeal was done. Let’s see what the court does now,” Brodsky concluded.
Perlett was sentenced to life imprisonment—with no eligibility for parole for 18 years—in January, 1999 after being convicted on two counts of second-degree murder in the shooting deaths of his parents, Carole and James Perlett, while they slept in their Third Street East home on March 22, 1996.Perlett has been serving his sentence in Stony Mountain Penitentiary near Winnipeg.