Derek Finkle was right; Baltovich freed as Crown case collapes

Derek Finkle's name should probably now be included with other muckraking journalists and writers who have championed unpopular causes and were vindicated by events.

Finkle, the former editor of the late Toro magazine, wrote No Claim to Mercy in 1998, a book about the 1990 Elizabeth Bain murder case that said her boyfriend Robert Baltovich had been railroaded into spending almost 9 years in prison for a killing he didn't commit. (The book's title came from a statement made by the judge at his original trial.)

Baltovich had been released pending appeal in 2004 and Finkle's book played a significant part in that.

The book questioned much of the case, including the thoroughness of the police investigation and the fairness of the 1992 trial. For his pains Finkle was subpoenaed to turn over the audiotapes and notes of his interviews, particularly the 50 hours he spent interviewing Baltovich in jail. Eventually, backed by PEN Canada and others, Finkle prevailed and the court rejected the request.

Today, in Toronto, the Crown essentially acknowledged the truth of the book and Baltovich was acquitted and set free. Of course it wasn't just Finkle who championed Baltovich's cause -- he owes his freedom, too, to the tenacity of his defence team James Lockyer, Joanne McLean and Heather McArthur.

While it seems unlikely ever to be proven, the inescapable conclusion now that Baltovich has been freed is that Bain was probably killed by serial killer Paul Bernardo but that the police's fixation on Baltovich as the prime, and only, suspect, caused them to avoid exploring other possibilities.

Baltovich is now faced with rebuilding his life, something he might never have achieved without Finkle's determination.

For background on this case, see the excellent summary by Kirk Makin online at the Globe and Mail.