Report fails to exonerate Truscott

A long-awaited justice report showed there was probably a miscarriage of justice in the Steven Truscott case, but not enough new evidence to exonerate him completely.

The report by Justice Fred Kaufman was dated April 19, 2004, but was only released Monday.

Steven Truscott (file photo)

"The evidence presented to me, at its highest, does not demonstrate innocence, but only that there is a reasonable basis to conclude that a miscarriage of justice likely occurred," Kaufman concluded in his 700-page report.

"In this context, a miscarriage of justice is not confined to the conviction of an innocent person," he said.

• FROM OCT. 30, 2005: Steven Truscott decision under fire

Justice Minister Irwin Cotler defended the long delay, saying privacy issues prevented him from releasing Kaufman's report earlier.

Truscott was 14 years old when he was sentenced to death in the murder of a 12-year-old schoolmate, Lynn Harper, in 1959. The investigation, trial and sentencing all were within three months of Harper's death. The sentence was commuted, and Truscott was eventually released on parole in 1969.

• INDEPTH: Stephen Truscott

Now 60, Truscott only learned of the report's release while listening to a radio broadcast during his drive home from work on Monday, his wife Marlene told the Guelph Mercury newspaper.

"We were taken by surprise because we did not know it was coming out," she said.

One of Truscott's lawyers, Marlys Edwardh, also seemed surprised at the report's release, but said she was pleased nonetheless that it was finally in the public domain.

"Just because I wasn't aware of it doesn't mean the team wasn't aware of it," said Edwardh.

Truscott has been on a campaign to clear his name since 1997.

In October 2004, the justice minister referred the case to the Ontario Court of Appeal, much to the disappointment of Truscott, who wanted a new trial.