THUNDER BAY - The case of Shaldon Wabason, who had a manslaughter conviction overturned for his alleged role a 2015 murder, continues to make its way through court toward a new trial.
The matter was heard before Justice Patrick Smith in a Thunder Bay Courtroom on Monday. Devin Bains, speaking by telephone, said Wabason has approached his firm to represent him and is in the process of being retained.
In order to get up to speed on the case file and receive disclosure from past counsel, Bains requested the matter be held over until the next assignment court date on May 28.
Wabason was found guilty of manslaughter in October 2015 for his alleged role in a 2011 break and enter on Minnesota Street that resulted in the death of 54-year-old Robert Topping.
Last March, the Ontario Court of Appeal overturned the conviction on the grounds that statements given by Wabason to police should not have been used as evidence during the trial because they were not made voluntarily.
Because Wabason was originally tried on a second-degree murder charge and found guilty of manslaughter and break and enter, he can only be retried on those same charges in a new trial.
Several other individuals were involved in the 2011 incident, including Nicholas Webber, who pleaded guilty to manslaughter and sentenced to 10 years, Christopher Hawk, who pleaded guilty to break and enter, and Cody Thompson, who died while in custody in August 2011.
Wabason remains in custody in Saskatchewan on other charges, as well as the charges before the Thunder Bay Court.
