Toronto man who spent 26 years in prison for murder of girl, 10, to have case reviewed in court

A Toronto man who spent 26 years in prison for the murder of a 10-year-old girl in 1989 will have his case reviewed by Ontario's top court.

In a statement Wednesday, Minister of Justice and Attorney General Arif Virani, along with his predecessor David Lametti, said a "miscarriage of justice" likely occurred during the trial of Timothy Rees more than 30 years ago. 

"This was a successful result," said James Lockyer, a lawyer with the non-profit legal organization Innocence Canada who will represent Rees in court. 

"Having this kind of burden on you — the murder of a 10 year old girl — is something I don't think any of us could really imagine."

Rees, 25 at the time, was charged with second-degree murder in the death of Darla Thurott, according to a release issued Wednesday by Innocence Canada.

According to the release, the girl was strangled in bed in her Etobicoke residence and later found dead by her mother.

Rees received a life sentence in 1990 with no eligibility for parole for 15 years. He was released on parole 26 years later, in October 2016.

Now, more than 30 years after his conviction, Virani and Lametti have announced the case will be referred to Ontario's Court of Appeal.

Rediscovered evidence prompted review

The review was prompted by "the identification of new information that was not before the courts at the time of Mr. Rees's trial or appeal," the statement from the Department of Justice Canada reads. 

According to Innocence Canada, that evidence includes a "disturbing" tape recording of the now-deceased landlord, who lived and slept in the room across the hall from the victim. 

Lockyer said the interview was taped and conducted by police within 12 hours of the murder, but was not disclosed during the trial. 

"It's really to me quite shocking that that interview was not disclosed to the defence. Clearly, that made all the difference," Lockyer said. 

According to the release from Innocence Canada, the tape went missing at some point after it was recorded. The legal organization said it was rediscovered by the Toronto Police homicide cold case squad in 2016. 

In a statement issued Thursday, the Toronto Police Service said it will not be commenting on Rees's case, but said it is "confident that all information relevant to this case will be thoroughly considered in the court process."

Rees spent 30 years fighting for appeal

The decision from the Department of Justice Canada to review the case comes five years after Rees submitted an application for criminal conviction review. 

That wasn't the first time Rees has tried to appeal the court's decision. 

According to the department's news release, his case was dismissed by Ontario's Court of Appeal in 1994. A year later, Rees was also denied leave to appeal to the Supreme Court of Canada.

He is currently out of custody on full parole. 

"This case is particularly tragic in that it involves the death of a child," Virani said in the release.

"A fair justice system must also be compassionate and balance the needs of victims while guarding against potential miscarriages of justice, which is why we have a process in place to review such cases."

In the meantime, Rees's lawyer said he is working in construction and living "as good of a life as he can."

Lockyer said an exoneration for Rees would be a "relief."

"The minister's decision yesterday is a giant step in that direction," Lockyer said.