Trigger warning: drowning death, manslaughter

On Friday, Philip Grandine, a former Toronto pastor, was granted bail a few days after being sentenced to 15 years in prison in the drowning death of his pregnant wife, Anna Karissa Grandine. Ontario Court of Appeal Justice Benjamin Zarnett freed Grandine, who plans to appeal his second manslaughter conviction.

"There is a ground of appeal that clearly surpasses the 'not frivolous' standard, and no appreciable flight risk or public safety concerns, but instead a track record of compliance without incident with release orders," Justice Benjamin Zarnett wrote.

According to evidence presented by the prosecution, Grandine's wife, who drowned in her bathtub in October 2011, had been heavily sedated with lorazepam, a benzodiazepine medication sold under the brand name Ativan, for which she didn’t have a prescription. The prosecution had also shown that she had recently discovered that her husband was having an affair.

Grandine was first charged with first-degree murder and eventually convicted of manslaughter in 2014. Although he was granted a new trial on appeal, he was once again convicted of manslaughter and sentenced to 15 years in prison this week. To support his bail request, Grandine, 33, argued that the trial judge had incorrectly instructed the jury when she asked them to decide if Grandine had known that his wife had taken the tranquilizer but did nothing to protect her from drowning.

Grandine stated that there was no proof his wife had taken the drug herself. Zarnett agreed that Grandine had an arguable case. "This ground of appeal meets the requirement of general legal plausibility," the justice wrote. "At this juncture (it) clearly surpasses the 'very low bar' of the 'not frivolous' standard."

When Grandine was sentenced by Superior Court Justice Faye McWatt, the judge stated that he had been driven by greed and hostility toward his wife. "His behavior was diabolical and violent," McWatt said. "It was planned and premeditated and took place not just on the night of her death, but days before when he experimented with the lorazepam on her and on himself to see what the effects of the drugs would be."

The prosecution had objected to Grandine’s bail request since they believed his grounds for appeal were insubstantial. They also contended that the public is not in favor of setting Grandine free, given the severity of the crime. The victim’s family and friends have also spoken out against the decision. "It's a sad day for the family. Because they have to relive this horrible thing over again," said Cliff McDowell, a family friend.

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The defense, however, headed by Michael Lacy believes the bail decision is justified. "Although this is a tragic and difficult case, especially for the loved ones of the deceased, Justice Zarnett carefully considered the relevant legal principles," Lacy said.

Source: CTVNews