04/07/2016 09:35 EDT | Updated 04/08/2017 01:12 EDT

Alberta Appeal Court orders new trial for woman convicted of man's murder

MEDICINE HAT, Alta. — The Alberta Court of Appeal has ordered a new trial for a southern Alberta woman who was convicted in the stabbing death of a man in his trailer.

Connie Oakes of Medicine Hat was found guilty in 2013 of second-degree murder after testimony from a co-accused who pleaded guilty.

Wendy Scott, who has a limited IQ, later retracted her testimony and has been granted a new trial. 

Casey Armstrong was found stabbed through the neck in the bathtub of his Medicine Hat home in May 2011.

The court did not grant Oakes the outright acquittal she had been seeking.

But the Appeal Court ruled in a 2-1 decision that it would be unfair to deny Oakes a new trial since her co-accused has already been granted one.

"As such, we conclude that a miscarriage of justice ... of the Criminal Code would arise if Ms. Oakes’ conviction for second-degree murder were allowed to stand," the judges wrote in a decision released Wednesday.

"Any undue weight the jury may have placed on Ms. Scott's testimony is of concern because her testimony was particularly unreliable and could otherwise have left the jury with a reasonable doubt." 

Dates for a new trial still need to be set.

(CJCY, The Canadian Press)