A man from New Brunswick, who was wrongly convicted of murder and spent 18 years in prison, has passed away at the age of 77. Robert Mailman, who was acquitted of the crime less than two years ago, succumbed to liver cancer on Thursday.
In 1984, Mailman and his childhood friend, Walter Gillespie, were convicted for the 1983 killing of George Gilman Leeman in Saint John. Despite having strong alibis, they were found guilty of second-degree murder and sentenced to life imprisonment without parole. Mailman served his full 18-year sentence, while Gillespie spent 21 years behind bars. Both men consistently maintained their innocence.
With the assistance of Innocence Canada, Mailman and Gillespie sought a federal criminal conviction review in December 2019. Their appeal was denied by the New Brunswick Court of Appeal, and the Supreme Court of Canada also rejected their request for an appeal.
After collapsing while exercising in November 2023, Mailman was diagnosed with terminal liver cancer and given three months to live. Despite the grim prognosis, he remained resolute, acknowledging the inevitable outcome.
In a subsequent development, the then federal justice minister, Arif Virani, ordered a new trial for the duo in December 2023, citing undisclosed significant information. Born in Saint John in 1948, Mailman was the eldest of 15 siblings and engaged in various activities during his incarceration, including working in the gym and library. He maintained a rigorous exercise routine, finding solace in running, especially in the rain.
James Lockyer, the founder of Innocence Canada, noted Mailman’s proactive approach in seeking assistance from the organization. Describing Mailman as the more outspoken of the pair, Lockyer commended Gillespie for his unwavering support.
Following the decision not to present evidence in the new trial, Chief Justice Tracey DeWare of New Brunswick’s Court of King’s Bench acquitted Mailman and Gillespie, apologizing for the miscarriage of justice. Innocence Canada pointed out several shortcomings in the prosecution, leading to the exoneration of the two men.
In 2024, a satisfactory settlement was reached between the men and the New Brunswick government. Gillespie passed away in April of that year at the age of 80, with the cause of his death undisclosed.
Despite ongoing health challenges, Mailman expressed gratitude for the support he received and his determination to persevere. He reflected on the irreplaceable loss of time spent away from his family, particularly mourning the death of his sons during his incarceration.
As his health deteriorated, Mailman’s resolve remained steadfast, underscoring his commitment to continue moving forward despite the physical decline.