Robert Mailman spent more than half of his life under the cloud of a wrongful murder conviction.
On Thursday, less than two years after he was acquitted of the crime, the New Brunswick man died from liver cancer. He was 77.
James Lockyer, founding director of Innocence Canada, said Mailman was with his wife when he died.
“That was very comforting. Apparently it was very peaceful. … He’s had a good couple of years since (his vindication), and that’s amazing.”
On May 11, 1984, Mailman and childhood acquaintance Walter Gillespie were convicted in the 1983 beating death of George Gilman Leeman in Saint John. His body had been doused with gasoline and set on fire in Rockwood Park, court heard.
Despite strong alibis, the two accused were found guilty of second-degree murder and sentenced to life in prison with no chance of parole for 18 years. Mailman served 18 years. Gillespie remained behind bars for 21 years. Both men steadfastly denied any involvement in the crime.
With the help of advocacy group Innocence Canada, the pair filed for a federal criminal conviction review in December 2019.
Their bid for an appeal was rejected by the New Brunswick Court of Appeal. And the Supreme Court of Canada declined to grant them leave to appeal a few years later.
As their legal odyssey dragged on, Mailman’s health took a dramatic turn in November 2023 after he passed out while exercising in his Saint John apartment. Tests confirmed he had terminal liver cancer. He was given three months to live.
“So I just got to accept it,” he said in an interview. “There’s no off ramp. I’m going to die. Period.”
The following month, then-federal justice minister Arif Virani ordered a new trial for the two men, saying new, significant information had not been submitted to the courts.
Gillespie died in April 2024 at the age of 80, two months after a compensation settlement was announced. The cause of his death was not disclosed.
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Ron Dalton, now co-president of Innocence Canada, said Mailman was on “borrowed time” with the liver cancer having spread.
“But now he is with his best friend, Mr. Gillespie, and his sons,” he said.
Born on March 14, 1948, in Saint John, N.B., Mailman was the oldest child in a family that would grow to include 15 brothers and sisters.
In prison, Mailman passed the time working at various jobs in the gym, the library and as a cleaner. And he kept up a strict exercise routine. He said he loved running, especially when it was raining.
“Someone asked me one time, ‘Why do you like jogging in the rain?’” he recalled. The answer: “Because no one sees you crying.’” He once described living under the weight of an unjust murder conviction as “the predicament of my life.”
Mailman approached the organization for help in the early 90s, Lockyer said.
“Bobby Mailman showed great courage in persevering,” Lockyer said in an interview. “The two of them, they were very close and very determined, and they always worked together.”
Lockyer described Mailman as “the more vocal of the two.” And the longtime lawyer praised Gillespie for being fiercely loyal to his friend. Gillespie had said he could have avoided a lengthy prison term by signing a false confession implicating Mailman in the killing, Lockyer noted.
“And he just refused to do it because neither of them had anything to do with the crime,” Lockyer said. “So between the two of them, they were an extraordinary couple, and I think they have had an impact on the New Brunswick justice system.”
On Jan. 4, 2024, the Crown decided not to call any evidence in the new trial. As a result, Chief Justice Tracey DeWare of New Brunswick’s Court of Queen’s Bench acquitted the two men of the charges and declared they were innocent in the eyes of the law.
DeWare apologized for the “miscarriage of justice.”
In a submission to the court, Innocence Canada highlighted a series of failings in the prosecution of the two men. These included recanted testimony from key witnesses, evidence withheld from the defence, substandard forensic evidence and a disregard for the men’s alibis.
Mailman said he had asked his doctor to keep him alive long enough to attend the court hearing.
“And they really went overboard to help me and I really appreciate it,” he said as he relaxed in his apartment, surrounded by framed photos of his children, grandchildren and great-grandchildren.
Mailman said the court ruling left him feeling relieved, exhilarated and exhausted.
“I came home and crashed on the couch,” he said, pointing to a brown sofa. “I was that exhausted. And I just laid there for a couple hours till I could bring myself back up.”
In February of last year, Innocence Canada announced the two men had reached a “satisfactory” settlement with the New Brunswick government, details of which would not be disclosed as a condition of the deal.
Before the settlement was reached, Mailman said no amount of money would bring back the lost time, adding that his two sons had died while he was in prison.
“I can never get them back … My biggest loss is my sons.”
Dalton said he will remember Mailman’s sharp wit, indomitable spirit and the grace with which he led his life in spite of the hurdles.
“He was frustrated with how long things took. He was frustrated the people would never be held accountable. He felt bad for the Leeman family, who will never have a resolution on their family member’s death.”
Mailman’s health continued to fade, and in January of this year, he said he weighed less than 100 pounds, down from his usual 160.
“I’m getting weaker,” he said at the time. “I can feel it. The things I could do three weeks ago … I can’t do it now.”
But his sense of determination showed no signs of letting up.
“I can go sit in a corner and be pouting and sit there in pity, or just keep going. I’m going to keep going on until I can’t.”
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