Ontario's highest court has concluded the judge who oversaw Michael Rafferty's first degree murder trial did an exemplary job.
The Court of Appeal for Ontario released on Thursday its reasons for dismissing an appeal by the man convicted of kidnapping, sexually assaulting, and murdering 8-year-old Victoria (Tori) Stafford.
"The trial judge made none of the errors that the appellant (Rafferty) has raised. On the contrary, his handling of a difficult trial was, in our view, exemplary," the Court of Appeal for Ontario said in its written reasons for the dismissal.
The appeal was dismissed orally in Toronto on October 24 by the three-member panel with a promise of written reasons to be issued on a later date.
Rafferty was convicted in 2012. The court heard that he and co-accused Terri-Lynne McClintic lured the 8-year-old girl into a car while she was walking home from school on April 8, 2009. She was driven to a farmer's field north of Guelph where she was sexually assaulted and murdered.
McClintic pleaded guilty to first degree murder in 2010 and is serving a life sentence with no chance of parole for 25 years. She testified against Rafferty at his trial.
Rafferty’s lawyer, Paul Calarco, had argued Superior Court Justice Thomas Heeney made four errors at trial. Among them, Calarco said Heeney failed to give a “sharp warning” to the jury against relying on McClintic’s testimony.
However the appeal court pointed out the trial judge's initial charge to the jury included a warning but it was removed at the request of Rafferty's defence lawyer.
"The warning made clear that McClintic was an unsavoury witness, and among other things detailed her criminal background, history of violence, and confession to the murder. The draft also included reference to 14 items of independent evidence that potentially confirmed McClintic’s evidence," the Court of Appeal stated.
The appeal court made its decision to dismiss the appeal without hearing from the Crown, as the panel did not consider it necessary.
Rafferty can appeal this latest decision to the Supreme Court of Canada.
To read the Court of Appeal For Ontario's full decision on the Rafferty appeal click here.
