Barrie's Dale Morrison and his wife, Carrie, hold a portrait of their son Jordan who was killed Feb. 4, 2011 at a resort in the Dominican Republic following a confrontation in a bar.
Credits: MARKWANZEL/THE BARRIE EXAMINER/QMI
After two years of fighting the court system in the tiny Caribbean island, Carrie McGinnis has been recognized by the superior courts as having a case worth hearing.
McGinnis and Dale Morrison's 19-year-old son, Jordan, was brutally beaten at the Punta Cana Grand Paradise Bavaro resort on Feb. 4, 2011, after an altercation at the resort's bar.
Five men from the Montreal area were initially detained but only two men were arrested after Morrison tried to defend a young woman when several men at the bar were rude to her.
Last year, Dymtro Aref Yev was found guilty of Morrison's death and sentenced to 10 years in a Dominican jail. In August, he appealed for a shorter sentence.
His friend, and co-accused Bouzid Redha was released after the judge determined it was Yev who had struck the fatal blow.
Redha is believed to be back in Montreal.
McGinnis is appealing the result of the trial because not all of the evidence was presented including eyewitness accounts of the attack that state Redha played a significant role in the attack, McGinnis has said.
She was never told what Yev was convicted of or what his sentence was. She was also not informed of the appeal process.
Three judges hearing the appeal at the Superior Regional Court in San Pedro are taking McGinnis seriously.
"It became obvious that we were mistreated the whole time and that our lawyer basically slept through the trial," she said.
Over the phone from the Dominican, a translator explained the situation.
"The (new) judge said given that this was the case, that the Higuey court was clearly out of time for even filing the (McGinnis) appeal, it was now OK for Carrie to lodge the new appeal," he said. "The lawyer was able to prove the plaintiff wasn't even given proper reading of the sentence."
In mid-February, it is expected the San Pedro court will determine whether to continue with two appeals - Yev's and McGinnis' - on the original trial, or call for a new trial, including recalling Redha.
Ramon said the trouble will be having Redha subpoenaed in Canada as there is no extradition agreement between Canada and the Dominican Republic.
But, if he does not attend, he would be found in contempt of court and an international arrest warrant will be issued for his arrest, the translator said.
McGinnis has a court appearance on March 11.