November 6, 2012
Court rejects killer's appeal that 'DNA thieves' framed him
By Danielle Bell, QMI Agency
OTTAWA — A court of appeal rejected a convicted killer's claim that "DNA thieves" attacked him, milked his prostate and planted his semen inside his murdered sister-in-law.
Allen Tehrankari was convicted of first-degree murder in the death of Barbara Galway, 46, whose body — charred beyond recognition — was discovered in a conservation area in the city's east end in January 2005.
"The evidence to (Tehrankari's) guilt was overwhelming and, in the circumstances, the verdict would inevitably have been the same," Judge Karen Weiler said in the Ontario Court of Appeal's ruling released late last month.
"Finally, I would dismiss any other grounds of appeal not specifically addressed by these reasons, as I am of the opinion they are devoid of merit."
Much of Tehrankari's defence centred around the idea that Patrick Galway, whom Barbara had been separated from after 20 years of marriage, could have committed the crime, or that it was the work of DNA thieves.
Tehrankari, who represented himself, claimed DNA thieves had bound him and extracted his semen, borrowed his car, threatened him, and stole his garbage and planted evidence, including putting his semen inside Barbara Galway, according to the decision.
Tehrankari also claimed police had tried to frame him.
Weiler said there was "no air of reality" to the third-party suspect defence. Tehrankari's appeal claimed the trial judge erred in refusing to allow the jury to consider that defence.
On Jan. 5, 2005, Tehrankari killed Galway in his home, wrapped up her body and dragged it out to a van.
He hung out with his wife and three-year-old daughter for several hours before driving to the Mer Bleue Conservation Area, where he dumped the body, doused it with gas and torched it.
Concerned family and friends reported Galway missing. Her body was found the next day. It was identified using her dental records. Her car was found at the Ottawa Airport.
A day later, Tehrankari's wife, suspicious of her husband, phoned police. Later that day, Tehrankari was arrested at gunpoint.
On March 13, 2009, Tehrankari was sentenced to life in prison with no chance of parole for 25 years.