A man from New Brunswick, who was wrongly imprisoned for murder for 18 years, has passed away at 77 years old. Robert Mailman, who spent a significant portion of his life under the shadow of a false murder conviction, succumbed to liver cancer less than two years after being exonerated. In 1984, Mailman and Walter Gillespie, his childhood friend, were convicted of the 1983 killing of George Gilman Leeman in Saint John. Despite having solid alibis, they were found guilty of second-degree murder and sentenced to life imprisonment without parole for 18 years and 21 years, respectively.
Assisted by Innocence Canada, Mailman and Gillespie sought a review of their convictions in December 2019, but their appeal was turned down by the New Brunswick Court of Appeal and later by the Supreme Court of Canada. Mailman’s health deteriorated rapidly in November 2023 when he was diagnosed with terminal liver cancer following a collapse during exercise. Given three months to live, Mailman resigned to his fate, stating, “I’m going to die. Period.”
A new trial was ordered by then-federal justice minister Arif Virani in December 2023 due to undisclosed significant information. Born in 1948 in Saint John, Mailman, the eldest among 15 siblings, worked various prison jobs and maintained a rigorous exercise regimen, finding solace in running in the rain. Describing his unjust imprisonment as the “predicament of my life,” Mailman turned to Innocence Canada in the early ’90s for assistance.
In January 2024, the Crown chose not to present evidence in the new trial, leading Chief Justice Tracey DeWare to acquit Mailman and Gillespie, officially declaring their innocence and apologizing for the “miscarriage of justice.” Substandard prosecution, including recanted testimony and withheld evidence, were highlighted by Innocence Canada. Following a satisfactory settlement with the New Brunswick government in February 2023, Gillespie passed away in April 2024 at 80, with the cause undisclosed.
Mailman, who had yearned to attend the court hearing, acknowledged the efforts made to prolong his life, expressing gratitude as he reflected on his losses while in prison. Despite his declining health, Mailman’s resolve remained unyielding, emphasizing his determination to persevere until his last breath.
