Even though two hand-made knives were found “very well hidden” in his cell, a murderer sentenced to prison emerged unscathed from the disciplinary charge against him.
The Federal Court ruled in favor of Jamie Cliff, who was charged with possession of contraband, according to the Toronto Sun.
The man detained in a penitentiary located near Campbellford, Ontario, challenged the decision of the Correctional Service of Canada which had sentenced him to pay a fine, after finding two knives well hidden in his bed frame. The penitentiary authorities pointed to the ingenuity of the hiding place.
However, the prison was unable to prove beyond doubt that the killer had knowledge and control of the contraband.
Jamie Cliff’s attorney, John Dillon, argued there was no evidence the cell had been properly searched in the 30 days prior to Jamie Cliff’s arrival. The detention facility lacked evidence. He was not even able to indicate when Jamie Cliff was placed in the cell.
“While deterrence may be in the institution’s interest, it does not intelligibly explain the applicant’s guilt beyond a reasonable doubt,” said Judge Janet M. Fuhrer. The decision lacks intelligibility and transparency, and therefore justifies the intervention of the Court.”
In an interview with the Toronto Sun, the murderer’s lawyer noted a few factors that cast doubt on his client’s guilt.
“He had no tools, he couldn’t have unscrewed or unbolted the bed,” said Me John Dillon. There was no information on when the cell was last searched.”
In 2011, a jury found Jamie Cliff guilty on two counts of second degree murder. Three years earlier, he had killed his ex-girlfriend, Lana Christophersen, 26, and her roommate, Andrew Gawley, 21, in Vancouver.
Reference-www.journaldemontreal.com