A man from New Brunswick who was wrongly imprisoned for 18 years on a murder charge has passed away at 77 years old. Robert Mailman, who spent over half of his life under the shadow of a wrongful conviction, succumbed to liver cancer, less than two years after being absolved of the crime. In 1984, Mailman and childhood friend Walter Gillespie were found guilty of the 1983 killing of George Gilman Leeman in Saint John. Despite having strong alibis, both were convicted of second-degree murder and received life sentences with no chance of parole. Mailman served his full 18-year sentence, while Gillespie remained incarcerated for 21 years, both consistently denying involvement in the crime.
After seeking assistance from Innocence Canada, the duo applied for a federal criminal conviction review in December 2019, but their appeal was dismissed by the New Brunswick Court of Appeal and subsequently denied by the Supreme Court of Canada. Mailman’s health deteriorated significantly in November 2023 when he was diagnosed with terminal liver cancer following a collapse while exercising. Given a three-month life expectancy, Mailman accepted his fate, acknowledging his imminent demise.
In a turn of events, the then federal justice minister, Arif Virani, ordered a new trial for Mailman and Gillespie in December 2023, citing undisclosed crucial information. Born in 1948 in Saint John, Mailman was the eldest of 15 siblings and engaged in various prison activities, including working in the gym, library, and as a cleaner. Despite his hardships, Mailman maintained a disciplined exercise regimen, finding solace in activities like running in the rain.
James Lockyer, the founder of Innocence Canada, noted Mailman as the more outspoken of the pair and commended Gillespie for his unwavering loyalty. Lockyer emphasized the duo’s impact on the New Brunswick justice system and praised their refusal to fabricate a false confession. Eventually, on January 4, 2024, the Crown decided not to present any evidence in the new trial, leading Chief Justice Tracey DeWare to acquit both men, exonerating them in the eyes of the law and apologizing for the miscarriage of justice.
Innocence Canada exposed several flaws in the prosecution’s case, including witness testimony retractions, withheld evidence, flawed forensics, and disregard for alibis. Following the acquittal, a settlement was reached between the men and the New Brunswick government, with details remaining confidential. Gillespie passed away in April 2024 at 80 years old, with Mailman expressing gratitude for being kept alive to attend the court proceedings. Despite the settlement, Mailman acknowledged that no monetary compensation could compensate for the lost time and the deaths of his two sons during his incarceration.
As his health declined further, Mailman reflected on his weakening state but maintained his resolve to persevere. His determination to keep pushing forward despite his physical deterioration remained steadfast, showcasing his unwavering spirit until the end.