Robert Badgerow’s appeal of murder conviction dismissed

Robert Badgerow’s appeal to have his first-degree murder conviction overturned in the 1981 murder of Diane Werendowicz has been dismissed.

Badgerow was found guilty by a jury back in 2016 in the rape and death of the Hamilton nursing student in an historic fourth trial. He is the first person in Canada to be tried four times for the same first degree murder.

The decision on his appeal was handed down early Wednesday morning.

Twenty-three-year-old Werendowicz was attacked on her way home from a night out with friends. She was dragged into a ravine, sexually assaulted, strangled and dumped in a creek.

Badgerow was arrested 17 years later and was eventually convicted of first-degree murder, but the verdict was overturned on appeal.

His second and third trials resulted in hung juries. A fourth trial was allowed with new evidence which included a 911 call. It ended with a first-degree murder conviction, but Badgerow’s lawyers said the judge made several mistakes in his instructions to the jury, including in his directions on how to weigh the evidence regarding the call.

Back in March, Badgerow asked the court of appeal to overturn the conviction and put the case on hold indefinitely. At the time, Badgerow’s lawyer’s said if a stay is not granted, they would ask the court for a fifth trial. He was also granted bail and has been living with his mother and brother in Binbrook pending Wednesday’s decision.

Badgerow’s lawyer said he had to be at Millhaven Institution by 6 p.m. on Tuesday – the day before the decision was to be released.

Badgerow can still seek to appeal the decision to the Supreme Court of Canada.

Lisa Hepfner will have the latest tonight on the Evening News…