Sherrett's lawyers learning to set their expectations low (2oo7)

Tuesday, April 24, 2007

• By: Kirk Makin
• Organization: Globe & Mail

It would take just one favourable word from the Ministry of the Attorney-General for Sherry Sherrett to have her 1999 infanticide conviction speedily reviewed by the Ontario Court of Appeal.

So far, however, the ministry has stood in her path.

At the heart of Ms. Sherrett's dilemma is a standard, 30-day appeal period during which a criminal defendant can lodge an appeal of his or her conviction. Since Ms. Sherrett's appeal period ended 30 days after her 1999 conviction, either the Crown has to agree to extend it or she will have to persuade the court itself to give her an extension.

Assembling the proper documentation for such an application will consume "months and months and months," James Lockyer, a lawyer for the Association in Defence of the Wrongly Convicted, told a press conference yesterday.

In an interview afterward, Mr. Lockyer said that he and AIDWYC lawyer Elisabeth Widner, "literally begged" a special unit of prosecutors last October to agree to an extension of time. Their refusal was conveyed to him informally, Mr. Lockyer said.

"I had set my sights very low, indeed, and to no avail," he said. "Their consent would have speeded up the process considerably."