Connie Oakes is suing members of the Medicine Hat Police Service and a Crown prosecutor after her second degree murder conviction was appealed and stayed.
“They have to be accountable and I don’t want to see this happen to anybody else,” said Oakes, who now, in her early 50’s, resides in Saskatchewan where she is attempting to complete Grade 12.
In 2011, Oakes and Wendy Scott, the co-accused, were convicted of second-degree murder in connection with the stabbing death of 48-year-old Casey Armstrong at a trailer park in Medicine Hat. Scott testified that Oakes played a role in the death and the members of the jury agreed. Scott later recanted her testimony.
The verdicts against Oakes and Scott were overturned by the Court of Appeal in 2013 and the Crown later stayed the charges against both of the accused.
During her incarceration, Oakes was not permitted to visit her ailing 23-year-old son who was dying from cancer and missed his funeral.
Oakes is seeking $1 million in damages in the lawsuit that alleges members of the Medicine Hat Police Service were negligent and malicious during their homicide investigation that was conducted with tunnel vision.
The lawsuit names Crown prosecutor Andrea Pocha Robbenhaar and nine members of the Medicine Hat Police Service including Chief Andy McGrogan who denies the allegations.
“I'm confident from reviewing the file, and looking at our officers' actions through the file, that we did a good job on the file,” said McGrogan in a phone interview with CTV.
Tom Engel, Oakes’ lawyer, says the way Oakes was failed by the judicial system is not a first in Canada.
“It's sad to say this is no landmark, this has happened time and time again in the history of our justice system,” said Engel. “There've been inquiries after inquiries of people who've been wrongfully convicted and yet we just keep repeating them.”
Engel wants a public inquiry into the matter.
Casey Armstrong’s murder remains unsolved and, according to police, no new evidence has surfaced.
Oakes’ allegations have not been proven in court and no statements of defence have been filed.
With files from CTV’s Shaun Frenette