A man from New Brunswick, who was wrongly convicted of murder and spent 18 years in prison, has passed away at the age of 77. Robert Mailman endured the burden of a wrongful murder conviction for a significant portion of his life. Despite being acquitted of the crime less than two years ago, Mailman succumbed to liver cancer on Thursday.
In 1984, Mailman and Walter Gillespie, his childhood acquaintance, were convicted in the beating death of George Gilman Leeman in Saint John. Both men were sentenced to life in prison without parole for 18 years, even though they had strong alibis and maintained their innocence throughout. After filing for a federal criminal conviction review with the assistance of Innocence Canada in December 2019, their appeal attempts were unsuccessful at higher court levels.
Mailman’s health deteriorated rapidly in November 2023 when he was diagnosed with terminal liver cancer after collapsing while exercising. Despite being given only three months to live, he bravely faced his fate. Subsequently, a new trial was ordered for Mailman and Gillespie by the then federal justice minister Arif Virani due to the emergence of new, significant information that had not been presented in court.
Born in Saint John in 1948, Mailman was the eldest of 15 siblings. During his time in prison, he engaged in various activities such as working in the gym, library, and as a cleaner, and maintained a rigorous exercise regimen. Describing his unjust murder conviction as a life-defining predicament, Mailman sought help from Innocence Canada in the early ’90s.
Following the decision not to present any evidence in the new trial, Chief Justice Tracey DeWare of New Brunswick’s Court of King’s Bench acquitted both men of the charges on January 4, 2024, declaring them innocent in the eyes of the law. The Crown acknowledged the miscarriage of justice, with Innocence Canada highlighting several shortcomings in the prosecution, leading to a satisfactory settlement between the men and the New Brunswick government.
Despite Mailman’s resilience and desire to continue fighting, his health continued to decline, and he passed away after reaching a settlement. Gillespie also passed away in April 2024 at the age of 80. Before his death, Mailman expressed the irreparable loss of his sons who had died during his time in prison. His determination remained unwavering even as his health deteriorated, showcasing his unwavering spirit until the end.