by P.J. Harston
Northern News Services

NNSL (DEC 02/96) - A Fort Resolution man many believe an Alberta court wrongly convicted of two 1992 rapes may get another day in court.

A judge in that province released Wilfred Beaulieu from custody Friday, while he awaits a special appeal -- ordered last week by the federal justice minister -- to be considered by the Alberta Court of Appeal.

He should be home today, said his lawyer Tom Engel.

Allan Rock ruled last week that the Court of Appeal must review new evidence relating to the sexual assaults and rule on its admissibility.

"Rock clearly passed the buck to the Alberta Court of Appeal," said Engel. "But we're happy that we were successful (in having the case reviewed)."

Under a rarely successful Criminal Code provision, only Rock has the power to order a new trial or ask another court to look at evidence that appears after the trial and appeal process.

In June 1994, more than two years after Beaulieu's conviction, Engel applied to have Rock review the case.

The provision is considered a last hope for wrongly convicted individuals and is intended to guard against gross injustices.

"This procedure can lead to a judicial reconsideration of cases where new evidence or information raising doubt about the correctness of a conviction has arisen after the full judicial process, including appeals, has been exhausted," said Rock in his written ruling.

The Alberta Appeal Court refused to hear an appeal of Beaulieu's case in January 1993. However, that was before new, crucial evidence became known.

Rock said the Alberta court must now review all the relevant evidence and determine what further action, if any, is warranted.

Engel hopes this leads to a new trial.

"First the court has to rule if the new evidence is admissible," said Engel.

That evidence includes the recanted testimony of one of Beaulieu's victims and the mental health record of the other.

"In my view, this new information bears significantly upon the issue of (Beaulieu's) guilt," said Rock in his ruling.

"In the event that a court determines this new information to be admissible, the nature of her psychiatric condition could be expected to have affected the verdict in relation to both convictions."

Beaulieu has been serving time in the Bowden Institute near Red Deer since his 1992 convictions.

He was a prisoner at Edmonton's Grierson Community Correctional Centre on a temporary absence pass when Edmonton police arrested him in February 1992.

Three months later Alberta provincial court judge Darlene Wong sentenced Beaulieu to three-and-a-half years in jail for the sexual assaults. However, he had to serve the remainder of his previous sentence before the new one began.

Beaulieu isn't eligible for parole or mandatory supervision because he won't admit his crimes or seek treatment for his wrongs.

His sentence, if he must serve its remainder, will be complete next June.