Appeal Court Justice Marc Rosenberg ruled Tuesday that Rafferty’s case is too complex for Rafferty to handle on his own with the assistance of duty counsel.
Rosenberg says in his decision that it’s in the interests of justice that Rafferty have a lawyer for his appeal and either Legal Aid Ontario or the government should pay.
Rafferty has been turned down four times by Legal Aid since his convictions in May 2012 for first-degree murder, sexual assault causing bodily harm and kidnapping in the Woodstock, Ont., girl’s death.
Rosenberg has ordered Rafferty’s case sent back to Legal Aid for reconsideration, but if it still refuses, Rafferty’s lawyer should be paid by the attorney general for Ontario.
Lawyer Paul Calarco argued at the Appeal Court earlier this month that one ground for Rafferty’s appeal is that the jury should have considered that he might have been only an accessory after the fact to Tori’s brutal murder."
This obviously is not going to sit well with most people. I don't love the idea of spending one extra penny on this guy.
The fact is though, appeals are an important part of our justice system. If the court finds that there are grounds for an appeal, money should not stand in the way.
I think there is zero chance this guy will ever see the light of day again, but I think we do still need to allow due process.