Ontario’s court of appeal has overturned the conviction of a man who spent 23 years in jail for the 1989 murder of a 10-year-old girl. A new trial has been ordered, but the likelihood of it taking place is slim. The case involved recanted confessions, allegations of police misconduct, and mishandled evidence, which prompted a review by the court of appeal following concerns raised by former federal justice ministers. Despite the decision highlighting issues with the investigation and case, the question of who killed Darla Thurrott remains unanswered.
Timothy Rees, now 62, has consistently maintained his innocence since Thurrott’s death. He expressed his innocence to the media, stating that he has been wrongly labeled as a killer for over three decades. The court ruling indicates that Thurrott was strangled in her Etobicoke bedroom after going to bed on March 16, 1989.
The circumstances surrounding the murder involved individuals residing in the same home, including Darla’s mother, her mother’s partner, a family friend, and the landlord, who had disabilities. Rees, who was a friend of the family, was present in the house on the night of the murder. The defense team argued that the landlord might have been responsible for Darla’s death.
Rees was convicted of second-degree murder based on a confession that he later recanted, citing coercion by officers. Notably, the court challenge revealed that Toronto police possessed an undisclosed audio recording of the landlord discussing interactions with Darla on the night of her death. This evidence, along with other factors, led Rees’s legal team to believe that the landlord was the actual perpetrator.
Despite the court ordering a new trial, it is unlikely to proceed as the Crown has indicated no intention of pursuing the case further. The Ministry of the Attorney General declined to provide details on their plans, but it is anticipated that the case will be resolved through other means, possibly a withdrawal. James Lockyer, Rees’s lawyer, expressed doubts about the Crown’s willingness to proceed with a new trial in light of the latest developments.