Evidence from a crime that took place 30 years ago will be retested after a possible miscarriage of justice.
Wanda Martin was fatally shot in 1994 in Richmond. In 2001, a jury found her common-law partner, Wade Skiffington, guilty of second degree murder.
He was sentenced to life imprisonment with no eligibility for parole until he had served 13 years.
Bullet casing from the crime scene are now being retested after a successful appeal was made by Skiffington.
In a court decision, the judge wrote that the conviction was grounded in “inculpatory statements” made by Skiffington during an undercover operation, known as a "Mr. Big" sting, by the RCMP five years after the murder.
The Mr. Big operation is a tactic used by police to get suspects to confess to crimes they've committed. It involves multiple undercover officers posing as a fictional criminal organization. After befriending the subject, the officers invite the person to meet the big boss, and are then told to confess to any crimes they may have committed so they ensure the security of the gang. The confession is taped on video and is used as evidence against them.
These undercover operations involve multiple officers posing as members of a ruthless, powerful and wealthy criminal organization in order to trick suspects into making confessions to serious crimes, nearly always homicides. The undercover officers essentially orchestrate a chance meeting with the suspect, known operationally as the “target”, and exert their considerable influence and resources to convince him that he is being inducted into a criminal gang. The target is typically a person suspected of having committed a murder in the past, but who has never been charged due to lack of evidence.
He maintains his innocence, and claims the statements he made were untrue and coerced.
Skiffington attempted to appeal his conviction in 2004, but it was dismissed. In the judge’s decision at the time, it was noted that there was no forensic evidence of any kind to link him to the crime, and a murder weapon was never found.
He attempted to appeal again, but it was not until 2022 that a federal minister of justice reviewed the case and determined that there was a reasonable basis to conclude that a miscarriage of justice likely occurred.
Skiffington has been on bail, pending the new appeal, since Dec. 19, 2022.
He asked the court to have shell casing that were found at the scene tested for DNA. The casing underwent ballistic testing in 1994, and the RCMP determined the casing had been fired by the same gun. They were not tested for DNA, although they appear to have been marked as exhibits in the trial.
In 2019, human DNA was obtained from the surface of the casing, but there wasn’t enough to process at the RCMP lab.
However, the lab at BCIT is able to test smaller amounts of DNA, and it is believed that enough of a sample could be captured to process.
The judge added that the main focus of the new appeal will likely be the admissibility of the statements Skiffington made to undercover officers, but also noted that it may bring up an issue about alleged material non-disclosure by the Crown at his trial.
Reportedly, the appeal will apply to admit evidence of recently conducted forensic testing of biological matter found beneath a fingernail of the victim.
The judge ordered the RCMP to release evidence to the BCIT lab for forensic testing and for a report to be made for the Crown, the appellant and the RCMP.
