An accused killer was mistakenly freed Tuesday, only a day after a judge ordered him to remain behind bars, telling court staff “he’s a do not release.”
Mark Phillip Traverse, who is charged with manslaughter in the death of Leo Charles Martin-Shea in April last year, appeared in provincial court Monday and pleaded guilty to two counts of failing to comply with his release order.
Bizarrely, Crown prosecutor Carrie Ritchot was evidently concerned about a procedural error that would lead to Traverse, whose manslaughter trial is scheduled, being released. She twice confirmed his bail remained revoked with provincial court Judge Murray Thompson during Monday’s hearing.
Mark Phillip Traverse, 27, who is charged with manslaughter in a 2023 death, was released from custody in error. (Supplied)
Traverse, 27, was caught Aug. 29 drunk at a home on Redwood Avenue despite a curfew and sobriety order that were part of his bail conditions. His bail on the manslaughter was then revoked.
“He’s a do not release until after his trial is completed,” Thompson told the court clerk at the end of the hearing.
Added Ritchot: “Just wanted to ensure there’s no issue with the paperwork — and an accidental release.”
But that’s exactly what happened, and the Winnipeg Police Service was forced to put out a plea for assistance in locating Traverse Wednesday afternoon.
The integrated violent offender apprehension unit — a joint WPS-RCMP force that searches for high-risk individuals — caught up with Traverse near Gypsumville in the Interlake at about 5:30 p.m. Wednesday.
A spokesperson for Manitoba Justice said the mistake is under review and training protocols are being “enhanced” to mitigate future risk. The department would offer no further details Thursday when asked who would conduct the review and when it would be complete.
“It’s obviously a major failing of the justice system when a person is released (by mistake).”–Prof. Michael Weinrath
University of Winnipeg criminal justice Prof. Michael Weinrath said such releases, especially inmates accused of serious violent offences, should not happen, though he recognizes errors can occur.
“It’s obviously a major failing of the justice system when a person is released (by mistake),” said Weinrath, who has extensively studied corrections.
“They try to automate that process as much as they can, so when you go to release someone, something would come up,” he said. “Usually, it’s human error, and the difficulty with automating these processes is that you still need somebody to enter that data and you still need somebody to review it.”
Traverse is not the first inmate who has been let out of a provincial jail accidentally; Manitoba Justice figures provided Thursday indicate at least a handful are typically released by mistake in any given fiscal year.
So far in the 2024-2025 fiscal year, two inmates have been mistakenly released. From 2017 to last year, the numbers ranged from none to nine. In 2016, 20 inmates were released, per department figures.
SUPPLIED
Chantel Sinclair with her former boyfriend, Leo Martin-Shea. Martin-Shea died 11 days after he was assaulted at Main Street and Stella Avenue in April 2023.
In response to criticism from the opposition, in 2011 then-NDP attorney general Andrew Swan got an Alberta consultant to prepare a report on the problem.
A major case highlighted at the time was the accidental release of Walter Sanderson in October 2011, who had been convicted in 2004 of manslaughter, as he was awaiting court proceedings for assault charges and probation violations.
At the consultant report’s release in November 2011, Swan promised that more court clerks, better training and new technology to better link the arms of the justice system would cut the number of accidental releases. He also vowed that the Justice Department would include figures on the mistakes in its annual reports.
On Thursday, a Manitoba Justice spokesman said “most” of the 2011 recommendations were implemented, though he did not specify which.
“Additionally, a departmental analysis of accidental releases in 2014 resulted in the development of further direction on reducing these incidents,” said the spokesman.
erik.pindera@freepress.mb.ca
Erik Pindera
Reporter
Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020. Read more about Erik.
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