No. CA015683
Vancouver Registry
 
Court of Appeal
 

Between:
 

HER MAJESTY THE QUEEN IN THE RIGHT OF THE
        PROVINCE OF BRITISH COLUMBIA
 
RESPONDENT
 

APPELLANT
 
AFFIDAVIT
 
I, DAVID WILLIAM LORD, of XXXXXXXXXX, in the municipality of XXXXXXX, in the Province of British Columbia, MAKE OATH AND SAY;

1. That I am the father of DERIK CHRISTOPHER LORD, and as such have knowledge of the facts and matters herein.
2. That I have been instructed to act as Counsel for the Appellant in this matter on appeal to the Minister of Justice or to an appropriate Court in respect of his conviction for the murders of DORIS LEATHERBARROW and SHARON HUENEMANN, who died on October 5, 1990, in Delta, British Columbia.
3. That, in the course of preparation for this appeal to the Minister or appropriate Court, it has come to my attention that materials relating to the investigation of this matter were not disclosed to the defense of the Appellant.
4. That the relevance or irrelevance of this information and the exhibits not disclosed cannot be determined without perusing the materials.
5. That Dr. FERRIS is willing to examine the requested materials for the purpose of determining the relevance of such material to the appeal to the Minister or appropriate Court.
6. That without viewing the Curriculum Vitae of Dr. SELLERS it is difficult to determine her expertise in such matters.
7. That the Applicant's appeal in the Court of Appeal for British Columbia was dismissed on the 2nd day of November, 1993, without seeking this information or benefit of these materials.
8. That the Applicant's appeal in the Supreme Court of Canada was dismissed on the 21st day of February, 1995, without seeking this information or benefit of these materials.
9. That I have received legal advice to the effect that there is a possibility of appeal to the Minister of Justice for a rehearing of the appeal, and/or that the matter can be brought back to an appropriate Court with leave porvided that sufficient fresh or new evidence can be found, and /or it can be shown that the Appellant did not receive a fair trial.
10. It will be a contention that the Apellant was not provided with full and timely disclosure, preventing him from making full answer and defense.
11. It will also be a contention that material helpful to the defense was purposefully not disclosed, preventing the Appellant from obtaining a fair trial.
12. It will also be a contention that physical evidence was not disclosed which would have been helpful in proving that someone else was at the crime scene, again preventing the Appellant from obtaining a fair trial. There was no physical evidence adduced at trial which placed the Appellant at the scene.
13. I make this affidavit in support of an Order that;

a) a crime scene exhibit list with a description of each exhibit and its number;
b) a complete list of exhibits with a description of each exhibit and its number collected from other relevant sources, such as fingerprints taken from Derik Lord and David Muir, the clothing taken from the homes of Derik Lord and David Muir, and crowbars purchased;
c) a complete list of exhibits with a description of each exhibit and its number that were used in court;
d) the videotape taken at the crime scene, any independent still photographs taken, notes, and a copy of blood stain pattern analysis produced by RCMP Inspector Herb LEROY;
e) notes and material produced by Delta Constable BLACK;
f) a complete list of the equipment used at the crime scene by Delta Constable BLACK;
g) a complete list of the equipment used at the crime scene by RCMP Inspector LEROY;
h) reports of any and all witnesses questioned by police during their investigation;
i) all reports developed by the Forensic Laboratory;
j) reports and records of the phones on the 7:00 pm B. C. Ferry sailing from Tsawassen to Swartz Bay on October 5, 1990 with special reference to calls made to the Huenemann residence.

___________________________________ David W. Lord, Counsel for the Appellant SWORN BEFORE ME in the City 
of Burnaby  in the province of British Columbia
on this 6th day of October, 1995
_____________________________________________
A commissioner for taking affidavits for
British Columbia.