A retired Ottawa police superintendent told the appeal court reviewing the 1972 murder conviction of Romeo Phillion that he cannot remember specific details from the investigation.

John McCombie, speaking at the second day of the hearing at the Ontario Court of Appeal in Toronto, said he couldn't remember details of a trip he took to investigate a potential alibi for Phillion. 

Phillion spent 31 years in jail for the 1967 slaying of Ottawa firefighter Leopold Roy, who was stabbed in the heart in his apartment building. He confessed to the crime in 1972 while in police custody, but recanted shortly after. He said he made the confession in an attempt to take attention away from his friend, who was also charged in the robbery. 

Phillion, who was granted bail in 2003, has maintained his innocence ever since.

In 1998, documents came to light showing that police had removed Phillion's name from the suspect list in 1967, during their initial investigation of the murder. A witness said Phillion was getting his car repaired at a service station in Trenton, Ont., about 300 kilometres away, at the time of the crime.  

Phillion's lawyers, who are seeking to overturn the conviction in the 41-year-old case, allege the police suppressed evidence that could have exonerated their client. 

McCombie has admitted he lost the notes regarding the alibi. He had previously said he returned to Trenton to double-check Phillion's alibi, but could not recall the details of his visit in court Tuesday.

"I don't know when I went to Trenton. I don't remember the time frame," McCombie said. "I have absolutely no memory of it."

He said he did not bring up the alibi during the original trial because he was not asked and he assumed the information was included in the court record.

"At the end of the day, there's no official documents referring to Trenton," said James Lockyer, one of the lawyers representing Phillion.

Phillion is the oldest person convicted of murder to seek exoneration in Canada and served more time behind bars than anyone else claiming to have been wrongfully convicted. 

His original appeals were dismissed by the Ontario Court of Appeal and the Supreme Court of Canada in the 1970s. In 2004, the federal government asked the Ontario court to review the case.

The court has the option of affirming Phillion's conviction, acquitting him or referring the case back to court for a new trial.

With files from the Associated Press