A Kitchener man convicted of attempted murder in 2010 is returning to square one with the justice system.
The man, a Mennonite who cannot be named pursuant to a court order, was found to have convinced his children to drown their mother in 2007.
The drowning attempt was unsuccessful, and the man was sentenced to eight years in prison for attempted murder, and eight years – to be served at the same time – for conspiracy to commit murder.
Monday, the Ontario Court of Appeal overturned his conviction and ordered a new trial.
At issue were a number of comments made by the Crown Attorney during the 2010 trial.
During his closing address, the Crown Attorney began talking about a piece of helicopter equipment known as a Jesus nut, which holds the helicopter’s blade on the shaft that spins.
“When the defence offers you a ride in his helicopter, my suggestion is you say ‘No thanks, that Jesus nut looks a little loose to me,” the Crown Attorney told jurors.
Prior to that statement, the prosecutor’s address had included references to Charles Manson, cult leader Jim Jones and the Nazis.
The appeal judges found the Crown Attorney’s comments “improper.”
“His remarks were inflammatory, vindictive, sarcastic and ridiculing of the appellant,” the judges wrote in their decision.
Defence lawyer Jill Presser says her client is in good spirits following the appeal judges’ ruling.
“He’s always maintained his innocence, so he’s very, very pleased with the decision,” she told CTV News.
The man, who has been in custody since 2007, may apply for bail.
