Tori Stafford’s killer wants you to fund appeal

(Update)

The man convicted of kidnapping, sexually assaulting and killing eight year old Victoria Stafford is again asking Ontario’s highest court to order that the public fund his appeal.

As Cindy Csordas reports, a judge heard arguments Monday about why Michael Rafferty should have his appeal heard and paid for.

Michael Rafferty’s lawyer argued that Rafferty’s appeal if granted requires more than just the limited services provided by a court paid duty counsel. Paul Calarco admits Rafferty played a role in the abduction, sexual assault and murder of eight year old Tori Stafford. But he argued that the trial judge should have told the jury to consider whether he was just an accessory after the fact.

Paul Calarco is Michael Raffery’s lawyer: “First of all, the charge to the jury was flawed that it didn’t put forth all defences for Rafferty. Second was his honour made errors in admitting a prior statement from Ms. McLintic and that he failed to charge the jury properly on caution that they had to use in assessing the evidence.”

The appeal court judge now has three options. He can decide that Rafferty should argue the appeal himself, with the help of a duty counsel. Or he can rule that either the Ministry of the Attorney General or Legal Aid Ontario should pay the cost of the appeal. Calarco says even though the public may not be happy with using tax dollars to pay for rafferty’s appeal it’s his clients right.

Paul Calarco: “It’s absolutely vital that every person in our justice system that every person have a fair trial and a proper appeal.”

Calarco couldn’t say how much the appeal would cost: “I can not give an estimate it would be a very focused appeal.”

The Appeal Court Judge says he needs time to make a decision but that it would be made fairly soon. Rafferty has tried four times to get legal aid to pay for his appeal and each time has been denied.

The website where the appeal decision will be posted when made is: http://www.ontariocourts.ca/decisions/search/en/search.php