Appeal Court Overturns Murder Conviction

Appeal Court Overturns Murder Conviction

Wednesday, August 19, 2009 at 14:12

 

 

The Saskatchewan Court of Appeal has quashed the conviction of an Alberta man who was found guilty of murdering an Onion Lake band member.

 

In Sept. 2007, a jury found 41-year-old Gordon Dwight Hurley guilty of fatally beating and strangling Jarita Naistus.

 

The 20-year-old woman’s body was found in a Lloydminster hotel room on the morning of Oct. 2, 2005.

 

During the trial a cellmate of the accused testified that Hurley told him he was concerned about some evidence the police had against him, stating several times that he cleaned up after the murder.

 

Hurley denied the accusations during the course of the trial.

 

The Court of Appeal determined that the judge hearing the case failed to properly instruct the jury about how to handle that key piece of evidence.

 

As a result, the conviction has been overturned, and a new trial could be on the way.

 

Scott Bartlett of the Battleford Prosecutions District says the decision whether or not to appeal this new development to the Supreme Court of Canada will be made by officials at his head office in Regina.