GROUP MEMBERS:

AMANDEEP SINGH MADAAN (100858751)

GURKARAN SINGH (100870859)
ABHIPREET SINGH (100870865)
MANJEET SINGH (100902733)

WRONGFULLY CONVICTED ASSIGNMENT-2

1. Who are you completing your case study on?

A. We did research and completed our case study on Robert Baltovich.

2. Briefly summarize and explain the situation of your selected wrongly

convicted person.

A. Robert Baltovich is a Canadian man who was wrongfully convicted in 1992 of the murder
of his girlfriend, Elizabeth Bain, in Scarborough, Ontario, Canada. On June 19, 1990,
Robert Baltovich's life was permanently changed when his lover, Elizabeth Bain, went
missing. Despite the lack of actual proof, Baltovich was arrested and accused with her
murder. During his trial, the prosecution relied on circumstantial evidence and
untrustworthy eyewitness testimony to gain a guilty conviction. Years later, it was
suspected that the Scarborough Rapist, an infamous serial rapist, and murderer, was
responsible for Elizabeth's disappearance. Baltovich's case was taken up by Innocence
Canada, and after a protracted appeal process, his conviction was overturned due to a
biassed jury charge and the use of hypnosis-induced eyewitness testimony. Later, the
Supreme Court of Canada declared that hypnosis was not admissible in court. Finally, the
prosecution decided not to produce any evidence against Baltovich, resulting in his
acquittal in 2008. The case underlines the perils of untrustworthy eyewitness testimony
and the possibility of unjust convictions.

3. Using the list from Innocence Canada surrounding causes, identify and
explain which and how the causes contributed to the wrongful conviction
in your case.

A. Several factors contributed to Robert Baltovich’s wrongful conviction, aligning with some
causes identified by Innocence Canada. These causes are:
 i. Tunnel vision: The inquiry was narrowly focused on Baltovich as the primary suspect,
resulting in a refusal to explore alternate suspects or evidence pointing in a different
direction. This tunnel vision impeded a thorough and objective investigation.
ii. Confirmation Bias: When Baltovich became the prime suspect, both the
investigators and the prosecution felt convinced of his guilt. They viewed evidence
selectively and ignored facts that contradicted their theory, strengthening their
confirmation bias.
iii. Unreliable Eyewitness Testimony: The prosecution's case against Baltovich was
mainly based on eyewitness testimony that was later found to be untrustworthy.
Suspicious questioning swayed witnesses, and some were even subjected to
hypnosis, which can create false memories or distort recall.

4. Was the wrongly convicted person awarded compensation for their

situation? If so, how much?

A. No, Robert Baltovich was not compensated for his wrongful conviction.

5. In your opinion, should a wrongly convicted person be awarded

compensation and comment on what you would determine is a satisfactory
award (if any).

A. Yes, we believe that a wrongly convicted person should be awarded a compensation

because whenever a someone is accused of something which they haven’t done in their
whole life/career, it will be not fair if he/she is not awarded any compensation.
Compensation is essential because it recognises the loss of independence, emotional
suffering, and reputational harm they have endured. Giving them substantial
compensation not only enables individuals to reconstruct their lives, but it also
demonstrates society's will to undo the harm brought on by incorrect convictions.

6. What did you learn about the topic that surprised you?

A. One aspect that was surprising is that he was still convicted despite the lack of direct
evidence connecting him to the crime. The use of suppositional evidence and the
prosecution's interpretation of key facts generated concerns about the fairness of the
trial. In addition, it was unexpected to find additional evidence, such as the dubious
forensic hair analysis that was later eliminated, highlighting the limitations of some
forensic techniques. These disclosures called into question the case's initial
presumptions and emphasised how crucial it is to carefully consider the evidence to
guarantee the validity of convictions.
7. What are you most likely to remember from this research?

A. The serious effects of false convictions on people's life stand out and are likely to be
remembered as one feature of this case. The severe repercussions of being falsely
convicted, such as the loss of freedom, the damage to one's image, and the years spent
in prison, serve as a potent reminder of the shortcomings and restrictions of the
criminal justice system. It emphasises how crucial it is to pursue justice in court
procedures by constantly working to be fair, precise, and truthful. Baltovich's
persistence and tenacity in seeking justice as well as his eventual exoneration serve as
more evidence of the crucial role advocacy and tenacity play in overturning erroneous
convictions and exposing injustices.
 References
Edwards, P. (2021, July 11). He went to prison for life. But U of T student Elizabeth Bain’s murder hadn’t
been solved. Retrieved from The star: https://www.thestar.com/news/gta/2021/07/11/he-went-
to-prison-for-life-but-u-of-t-student-elizabeth-bains-murder-hadnt-been-solved.html

Harland-Logan, S. (2010). Robert Baltovich-Innocence Canada. Retrieved from Innocence Canada:

https://www.innocencecanada.com/exonerations/robert-baltovich/

Mandel, M. (2016, October 01). Robert Baltovich wants police to reopen the Elizabeth Bain case.
Retrieved from Toronto SUN: https://torontosun.com/2016/10/01/robert-baltovich-wants-
police-to-reopen-the-elizabeth-bain-case

Michael Pollanen: Fixing the Worst Criminal Injustice. (2013, October 31). Retrieved from Youtube-The
Agenda | TVO Today: https://www.youtube.com/watch?v=n4uIUkRkv7I

Oved, M. C. (2014, March 18). Elizabeth Bain murder: Robert Baltovich says police hid key evidence.
Retrieved from The star:
https://www.thestar.com/news/gta/2014/03/18/elizabeth_bain_murder_robert_baltovich_says
_police_hid_key_evidence.html

Wrongful Conviction Day 2020 with guest Robert Baltovich. (2020, November 24). Retrieved from
Youtube-College of Social and Applied Human Sciences: https://www.youtube.com/watch?
v=KNvu6EV0ias

Wrongful conviction day sheds light on miscarriages of justice. (2020, October 2). Retrieved from
Youtube- City News: https://www.youtube.com/watch?v=3Qpur4nfuP0