A judge has decided to release convicted killer Kyle Unger on bail, saying there are serious concerns he may have been wrongfully convicted.

Unger, 34, is serving a life sentence for the sexual assault and fatal beating of 16-year-old Brigitte Grenier at a music festival in Roseisle, Man. in June 1990.

Kyle Unger (File photo)
Kyle Unger (File photo)

In her written decision, Court of Queen's Bench Justice Holly Beard said there are "very serious concerns" Unger may have been wrongly convicted, and "strong evidence that [Unger's] conviction may not be sustainable." She further said the evidence that remains against Unger "is fraught with serious weaknesses."

Last year, the province released the results of DNA tests proving the single hair used to put him at the scene of the crime wasn't his.

Unger and the provincial justice department asked the federal justice minister to review his conviction after the truth about the hair evidence came to light. But more than a year after the DNA results were released, Unger says he's heard nothing from Ottawa.

The Crown opposed Unger's release. Crown attorney Brian Bell admitted the hair evidence was faulty, but argued that leaving out the hair evidence does not raise serious concerns about the reliability of Unger's conviction.

The hair evidence was one of three pieces of evidence used at trial to tie Unger to the killing. The other evidence was testimony from a jailhouse informant and a confession Unger made during an undercover police operation.

Crown officials have since admitted that the prison informant's testimony would not be used in a case being heard today, as it does not meet criteria set out for the use of jailhouse informants.

Unger's lawyers have argued that Unger's confession to the undercover police officers was a lie to convince them to allow him to join the gang they were purportedly members of.

'Difficult time' for Grenier family

Unger's lawyer, James Lockyer, has said he is confident Ottawa will either quash Unger's conviction and order a new trial, or the case will be sent to the Manitoba Court of Appeal.

While he's delighted with the judgment, Lockyer says he's mindful of how painful this will be for the family of Brigitte Grenier.

"This must be a very difficult time for them, to have this case back in the news, the prospect of Mr. Unger being released who, for years, they've been told by the authorities, was one of the people who murdered their daughter."

Two men were convicted of murdering Grenier. The other man, Timothy Houlahan, committed suicide in 1994.

Lockyer and Crown prosecutors still have to sort out the conditions for Unger's release. It is expected he will be released sometime next week.