Top court orders new trial for Alberta man in vicious assault case

The Supreme Court of Canada has ordered a new trial for an Edmonton man who was declared a dangerous offender after being convicted of a beating that nearly killed another man.

In a 6-3 decision issued Thursday, the high court overturned the conviction on aggravated assault and other charges against Leo Matthew Teskey, largely because the trial judge took more than 11 months to deliver his written reasons for the verdict.

Teskeywas convicted in 2002 of attacking apartment manager Dougald Miller,whohadtried to escortTeskey out of the building where he had been sleeping in the hallway.

Miller, then 61, suffered a broken nose, jaw and skull in thebeating in November 2000. One of his ears was torn off andhad to be reattached. He wasleft brain damaged and paralyzed from the neck down.

Miller's wife Lesley said Thursday she is devastated by the decision.

"It's a nightmare that goes on and on and on. You know, it'sseven years this year since Dougald was hurt and they bend over backwards to give the criminal his rights."

Teskey's lawyersfought the guilty verdict before the Alberta Court of Appeal, arguing that provincial court Judge Brad Kerby's written reasons had been crafted to rebut arguments made in the appeal rather than reflecting the facts presented at trial.

The court dismissed the appeal in January 2003, but not beforescolding Kerby for taking so long to deliver written reasons.

In February 2005, Teskey was declared a dangerous offender.

The Supreme Court of Canadanoted that Kerby, after handing down the verdict, announced his intention to issue written reasons "within a short period of time."

Alberta Minister of Justice Ron Steven said Thursday his office is "incredibly disappointed with the outcome."

"The choice thatwe have at this point in timeis to get the file andreview itwith a view to starting over and retrying the case," he said.