Man convicted of 1987 Edmonton murder granted new trial
The federal justice minister has ordered a new trial for an Edmonton man convicted in the killing of a 34-year-old woman who disappeared from the city in 1987.
Roy Allan Sobotiak was convicted of second-degree murder in 1991 in the death of Susan Kaminsky.
In a statement Wednesday, Federal Justice Minister Arif Virani said there are reasonable grounds to believe that a miscarriage of justice likely occurred in Sobotiak’s case.
The trial was deemed necessary as a result of the identification of new information that was not before the courts at the time of Sobotiak’s trial or appeal, Virani said.
No further details about the new information that triggered the retrial was released.
The case dates back to February 1987 when Kaminsky vanished after a night out at a north Edmonton pub with friends.
Her car was found abandoned. But neither she nor her body have ever been found.
The single mother of two was last seen in the company of Sobotiak on Feb. 7, 1987.
Kaminsky once babysat Sobotiak as a child.
Police suspected foul play, but no charges were laid until 1989 when Sobtiak, then 26, was charged with first degree murder.
An undercover confession
Sobotiak went to trial in 1991.
The principal evidence against him was taped statements he made to an undercover police officer in which he boasted that he had tortured, sexually assaulted, killed, and dismembered Kaminsky.
The undercover operation began some time in 1988 but it wasn’t until late September the next year that Kaminsky made the incriminating statements
Sobotiak was convicted of second-degree murder in 1991.
He was sentenced to life imprisonment with no eligibility for parole for 16½ years.
The case has been the subject of numerous appeals.
In May 1994, the Alberta Court of Appeal dismissed Sobotiak’s appeal against his conviction.
His application for leave to appeal to the Supreme Court of Canada was dismissed in 2004.
In February 2021, Sobotiak applied to the minister of justice for a review of his conviction.
Under the criminal code, a person who has been convicted of an offence and who has exhausted all rights of appeal may apply to the federal minister of justice for a review of their conviction.
The Criminal Conviction Review Group of the Department of Justice Canada conducts investigations on behalf of the minister.
A key consideration for such reviews is whether new information has surfaced since the trial and appeal, Virani said in Wednesday’s statement.
“An unbiased justice system must account for the needs of victims while safeguarding against potential miscarriages of justice,” he said.
“Following a complete review of Mr. Sobotiak’s case, I have determined that there are reasonable grounds to conclude that a miscarriage of justice likely occurred, and that a new trial should be ordered.”
Innocence Canada, a non-profit organization that advocates against wrongful convictions, said four of its lawyers assisted Sobotiak in his application to the minister.
In a statement Wednesday, the organization hailed the decision, noting that ordering a new trial is the greatest power the justice minister can exercise in a suspected case of wrongful conviction.
Innocence Canada said Sobotiak, now 62, is grateful for the decision and hopes he “will be a free man soon.”
Since his conviction, Sobotiak has continued to insist his innocence and has never been granted parole.
After more than 35 years of incarceration, he remains in custody at a federal penitentiary in Alberta.
Innocence said it is awaiting word from the Alberta Crown Prosecution Service to determine next steps in the case.
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