Appeal Expected In Cowan 2nd Degree Murder Case

The required sentence of Life in prison has been imposed on 45-year-old Andrew Cowan by Justice Kelly Gorman.

He is not eligible for parole for 10 years, also the requirement for the 2nd degree murder he has been convicted of.

A jury found him criminally responsible in the October 2012 death of Edward Witt.

Cowan drove a pick-up truck up an embankment in Leamington, launching the vehicle into the side of a building.

Witt was killed, but Cowan survived with a catastrophic brain injury.

His lawyer Pat Ducharme says the case is being appealed immediately.

"The jury, the judge, the prosecutor and defence all said minimum eligibility 10 years," explains Ducharme "which is the lowest level you can get to to be eligible and hopefully the parole board will see it as that as well"

Ducharme says Cowan's brain injury requires that he be in special care.

"He requires almost 24-7 supervision and help" says Ducharme "He's been in assisted care living, he's been living with aunts who know his particular set of circumstance and with his aunts, they make sure he takes his medication, they make sure he's safe, they make sure he eats 3 meals a day"

Cowan's only comment to the court after sentencing was "I'm Not Guilty" which Ducharme says is Cowan's belief.

"absolutely it's his position, it's what he said from day 1."  Ducharme says "one of the difficulties I had with the trial is that I knew he couldn't testify because of the evidence I had from neuro-psychologists and neuro-surgeons that said his brain injury is so catastrophic that he mixes up things.  If you ask him a question he can't always follow the words"

Justice Gorman asked that Cowan's medication be passed on to corrections staff.

Ducharme has requested Cowan be placed in protective custody at Southwest Detention Centre.

Ducharme says the appeal is on consent with the Crown and Cowan is likely to be released on bail in less than 10 days.