Indigenous man granted bail pending minister's review of 1974 murder conviction

WINNIPEG -

A Manitoba judge has agreed to release an Indigenous man found guilty of murder in 1974, pending a review of his case.

Manitoba Court of King's Bench Justice Joan McKelvey granted a bail request from the Crown and defence for 72-year-old Clarence Woodhouse, a member of the Pinaymootang First Nation.

His sister Linda Anderson was outside court after the decision.

“I'm really emotional and really happy," said Linda Anderson.

Advocacy group Innocence Canada filed an application to Ottawa for a ministerial review of his case in the hopes of getting the conviction quashed.

Woodhouse was found guilty 49 years ago for the stabbing death of restaurant worker Ting Fong Chan.

Two other co-accused, Allan Woodhouse and Brian Anderson, were acquitted in July by another Manitoba judge who concluded systemic racism played a part in their convictions.

"I'm happy for him, it's finally happened," said Brian Anderson.

A fourth co-accused, Woodhouse's brother Russell Woodhouse, died in 2011.

Innocence Canada says racism was also a factor in Clarence and Russell's cases. James Lockyer, a lawyer for the group, says their confessions in fluent English were false as they only spoke Saulteaux, an Indigenous language

"They were absolutely incapable of giving the statements they gave,” said Lockyer. “But that’s what convicted them, because without those statements there was literally no evidence that they were involved in the murder."

Woodhouse was not able to join family and his lawyers outside of court because he had to return to Stony Mountain Institution to clear his cell and be processed.

His sister said she can't wait to have tea with her brother and give him a hug, after all this time without both her siblings.

"Very, very sad, as if they died, I didn't have a brother anymore," said Anderson.

-with files from the Canadian Press