Bail granted for 3rd man convicted in 1973 Winnipeg murder

A First Nations man who was sent to prison nearly 50 years ago for murder has been granted bail while his conviction is reviewed — three months after two of his co-accused were acquitted. 

Clarence Woodhouse, who was found guilty of murder in the death of Ting Fong Chan in 1974, was granted bail at a Manitoba Court of King's Bench hearing Monday before Justice Joan McKelvey. 

He will be required to live with his son in Winnipeg, go to all his court dates and abide by a weapons ban, court heard.

He appeared in court Monday wearing a long sleeved blue shirt, sitting in the corner prisoner's box. He responded to questions through a Saulteaux interpreter. 

The gallery of the small courtroom was lined with people, including Woodhouse's sister, uncle and son. 

Crown prosecutor Michele Jules said she would consent to Clarence Woodhouse's release, telling the court a miscarriage of justice likely occurred in his case and a new trial should be ordered. 

While his defence lawyers, James Lockyer and Jerome Kennedy of Innocence Canada, asked him to be released from custody immediately, Jules said he would have to go back to Stony Mountain Institution for processing first.

Outside the courthouse, Clarence's sister Linda Anderson said she was happy to get her brother back. 

"When I was in there, I kept looking at him and he was smiling and I was slowly, slowly crying. But I didn't want to burst out crying," she said.

"So it was good to see my brother and to have him come back home."

Co-accused acquitted 

The decision comes three months after two of his co-accused were acquitted. Allan Woodhouse and Brian Anderson were also found guilty of Chan's murder and were acquitted this July after being released on parole in 1987 and 1990, respectively. The three men were sentenced to life in prison. 

Clarence Woodhouse, now in his 70s, has always proclaimed his innocence, but no one listened to him, a news release from Innocence Canada says.

At his trial, he testified that he made a false confession after being assaulted by police, the news release says. 

He has been out on parole since 1987, but recent criminal charges resulted in his parole being revoked, and he was sent back to prison. Justice McKelvey ordered a publication ban on the details of those charges. 

Clarence's brother, Russell Woodhouse, was also found guilty of manslaughter and sentenced to 10 years behind bars in connection with the murder. He died several years ago. 

Following the two acquittals, Innocence Canada lawyers who led the case for Allan Woodhouse and Anderson filed an application with the federal justice minister for a ministerial review of Clarence's conviction. They also filed a posthumous application for Russell Woodhouse.

At the July hearing, Jules told the court Anderson's and Woodhouse's convictions were a miscarriage of justice based almost entirely on admissions that the men made to police while under duress, and that later proved to be false.

Clarence's lawyers said they hope to hear from federal Justice Minister Arif Viranai about the case soon and be back in court in the next few months. 

Given that his co-accused were recently acquitted, they're optimistic about Clarence's case, Lockyer said. 

"We really have no doubt we're going to get a remedy for the minister. How could we not, given what happened?"