Warren's appeal rejected
Panel of judges deny Warren's request for a new trial

by Jennifer Pritchett
Northern News Services

NNSL (July 18/97) - A panel of three judges has rejected Roger Warren's appeal of his conviction on nine counts of second-degree murder in the 1992 Giant Mine blast.

NWT Court of Appeal judges Mary Hetherington, John McClung and Rene Foisey reserved judgment following two sittings in Yellowknife May 20 and 21. Their decision was released Wednesday.

Warren's key defence lawyer, Glen Orris, argued that Warren's Oct. 15, 1993, confession should not have been admitted into evidence.

He said police violated Warren's Charter rights, pressuring him after 16 interviews and two lie-detector tests.

Orris also argued during the May proceedings that one of the jurors may have been biased because she sat on the review board of the Worker's Compensation Board, which had filed a wrongful death lawsuit against Warren.

But all three judges upheld Justice Mark de Weerdt's original decision from the first trial, which lasted five months and produced 12,000 pages of evidence.

"We are firmly of the belief that the learned trial judge correctly dismissed the appellant's Charter complaints and properly admitted the confession as a voluntary statement," wrote the judges.

Warren will remain at the Bowden Institute outside Edmonton, where is serving a life sentence without the chance of parole for 20 years.

Orris was out of the country and couldn't be reached for comment on the possibility of an appeal to the Supreme Court of Canada.

Warren doesn't have the automatic right to appeal. He has to obtain leave for an appeal before he can apply to the Supreme Court of Canada.

The Crown also appealed the second-degree murder convictions, arguing that Warren should be tried on the original first-degree murder charges if a new trial was ordered.

Earl Wilson, one of the prosecutors, said that the Crown won't be pushing the case any further.