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Court dismisses million dollar lawsuit filed by Connie Oakes

May 15, 2019 | 1:15 PM

 

MEDICINE HAT, AB — A woman who filed a lawsuit against the Medicine Hat Police Service, a crown prosecutor and the province of Alberta after her conviction for second-degree murder was overturned had the lawsuit dismissed in Medicine Hat Court of Queen’s Bench on Wednesday.

Connie Oakes filed a statement of claim on April 27, 2018, seeking $1 million in damages. Name din the claim were eight members of the Medicine Hat Police Service, Police Chief Andy McGrogan and Crown prosecutor Andrea Dolan.

According to court documents, the defendants applied for the lawsuit to be dismissed, due to “failure to serve within one year.”

Oakes alleged in the lawsuit that the conduct of the police service during the investigation was “negligent” and “malicious.” She also called the prosecution “malicious” in the filing.

In 2013, Oakes was found guilty of second-degree murder alongside Wendy Scott in the May 2011 death of Casey Armstrong, who was found dead in his trailer.

The Alberta Court of Appeal overturned the convictions of Oakes and Scott and ordered new trial in April 2016. The retrials were ordered after Scott, who has an IQ of 50, recanted her confession and testimony. The only evidence that implicated Oakes in the murder came from Scott’s testimony.

The charges against the pair were stayed on April 29, 2016, and was not reactivated within the one-year limitation.

Armstrong’s murder remains unsolved. His family says it remains difficult hearing that nobody has been brought to justice.

The Medicine Hat Police Service declined to comment on the decision.