Court of Appeal reviewing 30-year-old murder conviction

After seven years of waiting, Frank Ostrowski's case is before the Court of Appeal.

Ostrowski has been maintaining his innocence in the killing of Robert Neiman for 30 years. The hairstylist and drug dealer was convicted of first degree murder in 1987 for ordering the murder of Nieman, who was also a drug dealer.

In 2009, the federal Justice Department began reviewing Ostrowski`s case as a possible wrongful conviction and he was released on bail after 23 years in jail.  

In 2014, then-Minister of Justice Peter MacKay determined there was "a reasonable basis to conclude that a miscarriage of justice likely occurred" in Ostrowski's conviction.

Court of Appeal reviewing 30-year-old murder conviction

8 years ago

Duration 1:33

Frank Ostrowski is back in court after being convicted of first degree murder nearly 30 years ago. He always maintained his innocence and in 2009, the Federal Justice Department stepped in to review his case and he was released on bail. On Monday, his appeal review began.

On Monday, Ostrowski sat in Winnipeg's appeal court with his son and a friend to observe the proceedings.

The panel of three judges ordered a publication ban on all witness names and testimony given.

Ostrowski's lawyer, James Lockyer, said a publication ban during an appeal review is rare. He said both he and the crown agreed to it in order to prevent any witness contamination. 

The ban will be lifted if an appeal is granted. 

1987 conviction

Ostrowski was convicted of first-degree murder for ordering a hit on Nieman in September 1986.

The Crown at the time said Nieman was killed out of fear because he was set to tell police about Ostrowski's cocaine operation.

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Ostrowski was convicted largely because of the testimony of key witness Matthew Lovelace, who was also a drug dealer.

Lovelace had cocaine charges against him dropped in exchange for his testimony. Ostrowski's lawyers and the jury were never told about the deal and Lovelace told the court he did not receive any favours for his testimony.

Ostrowski was one of three men convicted in Nieman's murder.

A second man, Jose Luis Correia, was sentenced to life in prison but was granted early release and was deported to his home country, Portugal.

The other man, Robert Dunkley, was convicted of pulling the trigger and sentenced to life in prison. 

Ostrowski's appeal review is scheduled for Feb. 13-16.