Baltovich sues Ontario for 8 years in jail

Robert Baltovich, who was convicted of murdering his girlfriend and spent eight years in jail before the Crown dropped retrial plans, is suing Ontario's attorney general, Toronto police and his former lawyers.

In seeking $13 million in compensation, Baltovich claims his arrest, prosecution and conviction in the death of University of Toronto student Elizabeth Bain about 20 years ago were essentially malicious.

"[They] were the result of the reckless, bad faith, negligent and intentional acts and omissions of the defendants," the suit alleges.

The claims have not been proven in any court, and the government has not yet responded to the suit.

Bain, 22, vanished in June 1990. Although her body was never found, Baltovich was convicted of killing her in 1992, based on circumstantial evidence, and sentenced to life without parole for 17 years.

The prosecution argued he was jealous because he believed Bain was about to break off the relationship.

Baltovich was released on bail eight years later, pending an appeal. The Ontario Court of Appeal, which heard his lawyers suggest among other things that Bain's murderer was really notorious sex-killer Paul Bernardo, ordered a new trial in 2004.

On the first day of the retrial in 2008, the prosecution announced it would call no evidence and Baltovich was acquitted.

Also named in the lawsuit are the two lead Toronto police officers who investigated the original case and his former lawyers.

Says evidence not disclosed

Baltovich, 44, maintains the officers and the Crown prosecutors had "substantial evidence" that he was not guilty of the crime but failed to disclose the material to the defence at his first trial.

His statement of claim alleges the two officers were guilty of tunnel vision. They "rushed to judgment" in their investigation by presuming that Baltovich had killed Bain, the claim says.

The Crown prosecutors then failed to provide evidence that "supported his innocence," the claim alleges.

The two lawyers at his first trial failed to ensure they reviewed all evidence that could prove Baltovich's innocence, especially because their client insisted he was not guilty, it says.

None of those named in the suit were immediately available to comment.

In January, Attorney General Chris Bentley announced the province would not compensate Baltovich, calling it inappropriate.

Bentley said Baltovich had been found not guilty "as a result of the steps that the justice system has taken."

Bernardo, in prison for other slayings, subsequently denied any involvement in Bain's killing.

In a statement, Baltovich's current lawyer, Harvey Strosberg of Windsor, Ont., called it "unfortunate" the justice system cannot retroactively restore liberty.

In 2008, Strosberg settled the wrongful-conviction claim of James Driskell for more than $4 million. Driskell was wrongfully convicted of murder in Manitoba and spent 13 years in prison.