Judge rules Michael Rafferty should get publicly funded legal help
December 10, 2013
Ontario's top court has ruled that the public should fund a bid by Michael Rafferty, as he aims to appeal his convictions in the murder of eight-year-old Victoria Stafford.
In a ruling released on Tuesday, Justice Marc Rosenberg granted Rafferty more time to prepare his case, ordering the province to find a way to pay for a lawyer. Rosenberg ruled that the "case is too complex for Rafferty to handle on his own with the assistance of duty counsel."
Rafferty is currently serving a life sentence for the kidnapping, sexual assault and killing of the eight-year-old Woodstock girl, who disappeared while walking home after school on April 8, 2009.
Shortly after his conviction in 2012 at a London court, Rafferty began an attempt to appeal.
In his decision, Justice Rosenberg says that it's in the interests of justice that Rafferty have a lawyer for his appeal and either Legal Aid Ontario or the government should pay.
Four previous attempts for financial help by Rafferty have been turned down by Legal Aid Ontario.
Rosenberg ruled that Legal Aid Ontario should be asked once again to provide Rafferty a lawyer. Should that fail, the Attorney General of Ontario would have to pay Toronto lawyer Paul Calarco to take the case.
At the Appeal Court earlier this month, Calarco argued that one ground for Rafferty's appeal is that the jury should have considered he might have been only an accessory after the fact, to Tori's brutal murder.
With files from the Canadian Press
Back to London and Area News
Ontario's top court has ruled that the public should fund a bid by Michael Rafferty, as he aims to appeal his convictions in the murder of eight-year-old Victoria Stafford.
In a ruling released on Tuesday, Justice Marc Rosenberg granted Rafferty more time to prepare his case, ordering the province to find a way to pay for a lawyer. Rosenberg ruled that the "case is too complex for Rafferty to handle on his own with the assistance of duty counsel."
Rafferty is currently serving a life sentence for the kidnapping, sexual assault and killing of the eight-year-old Woodstock girl, who disappeared while walking home after school on April 8, 2009.
Shortly after his conviction in 2012 at a London court, Rafferty began an attempt to appeal.
In his decision, Justice Rosenberg says that it's in the interests of justice that Rafferty have a lawyer for his appeal and either Legal Aid Ontario or the government should pay.
Four previous attempts for financial help by Rafferty have been turned down by Legal Aid Ontario.
Rosenberg ruled that Legal Aid Ontario should be asked once again to provide Rafferty a lawyer. Should that fail, the Attorney General of Ontario would have to pay Toronto lawyer Paul Calarco to take the case.
At the Appeal Court earlier this month, Calarco argued that one ground for Rafferty's appeal is that the jury should have considered he might have been only an accessory after the fact, to Tori's brutal murder.
With files from the Canadian Press
Back to London and Area News