Alberta judge grants bail for man convicted of 1987 murder after new trial ordered

New trial in 1987 murder

Photo: The Canadian Press

Edmonton Law Courts are shown in Edmonton on Wednesday, July 8, 2020. THE CANADIAN PRESS/Jason Franson

Decades after Roy Allan Sobotiak was sentenced to life for the killing of an Edmonton woman, the 61-year-old is set to walk out of prison.

Alberta Court of King's Bench Justice Eric Macklin granted bail Friday to Sobotiak, who was convicted in 1991 for the murder of Susan Kaminsky. His conviction was quashed in February and a new trial was ordered.

Macklin told court that Sobotiak is considered legally innocent and must be granted release.

Lawyer James Lockyer said his client was to be released later in the day.

"Thirty-six years is a very long time for someone to be in jail," said Lockyer, who has worked on the case with Innocence Canada.

"It's a good day for him, it's a good day for justice. But he's going to find it difficult getting back into a world he doesn't know.

"I think he'll find a lot of things in the world quite frightening, but he's going to have good support as soon as he gets out and thereafter. So I'm confident he'll manage."

Sobotiak was 26 when he was charged with first-degree murder in the 1987 killing of Kaminsky. The 34-year-old mother, whose body was never found, disappeared after a night out with friends at a north end pub. She was last seen with Sobotiak.

The trial heard Sobotiak told an undercover officer that he tortured, sexually assaulted, killed and dismembered Kaminsky before disposing of her body in the garbage.

Sobotiak was convicted of second-degree murder. A conviction appeal was dismissed in 1994 and leave to appeal to Canada's top court was denied in 2004.

He had been serving his sentence at a federal penitentiary in Alberta.

Crown prosecutors agreed to Sobotiak's bail but said he should be kept under house arrest. Lockyer suggested a curfew.

Innocence Canada, a non-profit that advocates against wrongful convictions, said Sobotiak has always insisted on his innocence.

Lockyer said his client is the longest-serving wrongly convicted person in Canadian history, behind David Milgaard and Romeo Phillion.

In February, former federal justice minister Arif Virani quashed Sobotiak's conviction and ordered a new trial, saying a miscarriage of justice "likely occurred."

Months later, lawyers for Alberta Justice Minister Mickey Amery filed a judicial review, arguing in court documents that Virani provided no reasoning why a new trial was warranted.

Lockyer said he finds it surprising Alberta requested a review and Innocence Canada will be supporting Sobotiak and the federal government.

"We think it's unlikely to be successful, but that's not going to be our decision," he said.

Heather Jenkins, press secretary for Amery's office, said in an email Friday the ministry is unable to comment as the matter is before the courts. No date has been set for a new trial.

Sobotiak is to live in Fort McMurray and must abide by conditions, including a curfew, a travel restriction and electronic monitoring for three months.