Bail denied for convicted Winnipeg murderer whose case is under review

One of three men convicted in the murders of three men in Winnipeg 22 years ago will remain behind bars while his case undergoes a ministerial review by the federal justice department.

Robert Sanderson applied for bail in a Winnipeg court Oct. 12.

On Wednesday Court of Queen's Bench Justice Sheldon Lanchbery denied Sanderson's bail, telling court the case that he was wrongfully accused is weaker than others that have been overturned in Manitoba in the past.

Sanderson was found guilty of three counts of first-degree murder in connection with the Aug. 6, 1996, deaths of Jason Gross, Russel Krowetz and Stefan Zurstag.

Winnipeg man convicted in triple homicide asks for bail

6 years ago

Duration 1:21

Robert Sanderson, one of three men convicted in a Winnipeg triple murder in 1996, was in court Friday seeking bail.

Roger Sanderson and Robert Tews were also convicted in the fatal torturing, stabbing and shooting of the men in what police say was part of a gang turf war over control of prostitution in Winnipeg.

Police found a hair on the foot of a victim and claimed lab analysis known as hair microscopy showed it was Sanderson's.

The same type of hair testing led to the conviction of James Driskell and Kyle Unger in separate Winnipeg murder cases in the early 1990s.

Cases overturned

But in the mid-2000s, new advanced DNA tests revealed the hair samples didn't match any of the three men and cast doubt on the reliability of the original hair testing method. Driskell was released and eventually received $4 million in compensation.

The province backed a federal review of Unger's caseand he was released more than a decade ago.

In 2005, the Manitoba government said there was no "obvious miscarriage of justice" and wouldn't endorse a federal review of Sanderson's conviction as it did for Unger, in part because a review found there was still ample circumstantial evidence incriminating Sanderson.

ButSanderson applied for a ministerial review of his case and in June the federal department of justice determined there may be a reasonable basis to conclude that a miscarriage of justice had occurred.

Sanderson who is eligible to for full parole in 2021 had hoped to be released while thereview takes place.

Lawyer James Lockyer with Innocence Canada, formerly known as the Association in Defence of the Wrongly Convicted, is a member of Sanderson's defence team.

After thedecision Lockyer said both he and Sanderson were "very disappointed."

"He had his hopes up that he would be released," said Lockyer.

Lockyer said the defence team will now await the ministerial review, a process he said can take years.