Rafferty appeal denied

Updated:

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Victoria Stafford’s killer will not get a new trial. Michael Rafferty’s lawyer argued before Ontario’s court of appeal today that because of legal errors, he should be tried again for the rape and murder of the 8-year-old Woodstock girl in 2009. It didn’t take the judges long to dismiss his claims and applause rang out in court. Tori’s father Rodney Stafford was all smiles as he left surrounded by family and friends.

“I feel really good. It’s over with. He can go back to where he deserves to be.”

Michael Rafferty was convicted of the kidnapping, rape and murder of 8-year-old Victoria Stafford in 2012. In the appeal, his lawyer said the trial judge failed to properly warn the jury about relying on the evidence of his co-accused, Terri-Lynne McMlintic. She pleaded guilty in 2010 and testified against Rafferty at trial. While on the stand she changed her story and admitted she was the one who killed Stafford with a hammer.

Rafferty’s lawyer spent a couple hours making his argument this morning but he was interrupted several times by the judges who had questions. When he was done the judges took 15 minutes, came back and said they didn’t even need to hear from the crown, they made their decision. The appeal was denied. The court of appeal will later issue the reasons for its decision.