Case Summary
On November 3, 2006, two armed and masked intruders, one identified as white and the other Black, broke into Duane and Deidre Hicks’ home in Bayham, southwestern Ontario.1 The robbers demanded money and ransacked the house.2 They tied up the family, including the Hicks’ 15-year-old son and their visiting friend, and held them at gunpoint.3 The Black intruder took Duane to the bank to withdraw money.4 The white intruder wore a balaclava, but his eyes were visible.5 The two spoke to each other sometimes during the home invasion; at one point, the white intruder said that he had a drug debt he needed to pay.6 They left after threatening to kill the family dog.7
When police questioned the victims, Duane Hicks identified the white robber as Joseph Dean Webber, stating that he had recognized his eyes. Webber, a cement floor finisher, had done concrete work around the Hicks’ house years prior to the robbery.8 Hicks also knew Webber socially, and Webber had tried to obtain a loan from Hicks just two weeks before the robbery in order to pay a drug debt.9
The OPP arrested Webber on November 5, 2006 and charged him with 20 offences (the prosecution ultimately proceeded with 13), including armed robbery, forcible confinement, and extortion.10 Webber was denied bail pending his four-day trial, which ran from October 29 to November 1, 2007.11 As there was no physical or forensic evidence tying Webber to the crime, and the other occupants of the home could not identify the robbers, the Crown relied primarily on Hicks’ identification evidence.12
At his trial, Webber asserted his innocence and that he had been misidentified; Hicks testified that he was positive that Webber was one of the robbers. Hicks described his previous dealings with Webber and stated “that he was able to recognize Webber [as the robber] by his eyes, the way he walked, and his voice.”13 Hicks also testified that the Black intruder had “called his partner Joe,” while the man he believed to be Webber had “mentioned that he had a drug debt to pay.”14
On December 7, 2007, the trial judge convicted Webber of all 13 charges,15 stating: “I’m satisfied that Joseph Dean Webber was one of the two armed men.”16 (Specifically, Webber was convicted of breaking and entering, pointing a firearm (x4), forcible confinement (x4), wearing a disguise during a crime, robbery, extortion with a firearm, and threatening to kill an animal.17) He was sentenced to 7.5 years in prison.18
Four months after Webber’s sentencing, Justin Parry came forward and confessed to police that he had committed the robbery for which Webber had been convicted.19 Parry had an extensive criminal record that included bank robbery, theft, and convictions for 25 home invasions throughout southwestern Ontario.20 Parry was almost the same age as Webber, had similar-looking eyes, and resembled him in size and build.21 Subsequently, Mansa Adisa Fraser pled guilty to carrying out the Hicks robbery and identified Parry as his accomplice.22 Police investigated these developments and were “unable to determine any basis for collusion” between Parry, Fraser, and Webber.23
Based on this new evidence, Webber appealed his convictions. After a hearing in which Parry repeated his confession in court, Webber was released on bail pending appeal on June 28, 2008.24 At his appeal, the Crown agreed that “the fresh evidence overwhelmingly shows [that Webber] … did not commit these crimes.”25 On January 6, 2010, the Ontario Court of Appeal set aside Webber’s convictions and acquitted him on all charges.26
After his acquittal, an Ontario government spokesperson stated that they “recognize[d] the challenges and difficulties” that Webber’s wrongful conviction had caused him, adding that they “hope[d] this ruling would open a new chapter for him.”27
The following year, Attorney General John Gerresten offered his “most sincere apologies to Webber for the miscarriage of justice that occurred,” and the Ontario government provided $392,500 in compensation for his wrongful conviction.28