Ex-pastor Philip Grandine's manslaughter conviction overturned, new trial ordered

An appeal court has overturned the manslaughter conviction of ex-pastor Philip Grandine after it was determined the original trial judge made an error while addressing the jury.

Grandine was convicted in the death of his pregnant wife Karissa Grandine, who drowned in a bathtub in 2011. Crown prosecutors argued that he drugged her with the sedative lorazepam before drowning her so he couldcontinue a relationship with another woman, a parishioner at his church.

• Ex-pastor Philip Grandine sentenced to 15 years

During their deliberations, the jury asked the judge if Grandine's knowledge that his sedated wife was taking a bath was equivalent to the act of deliberately placing her in the tub.

In his response one that was reviewed several times by Crown and defence lawyers the appeal court found the judge did not properly answer the question and instead ventured toward a possibility that had not been discussed during the trial.

"The trial judge introduced an alternative theory of liability into the case under which the jury could find [Grandine] liable even if he did not administer the lorazepam, but was aware his wife had consumed the drug," the appeal decision reads.

Until that point, the trial judge said that if Grandine had not administered the drug, he should not be found guilty, according to the appeal decision.

"The trial judge's ultimate answer offered the jury a new path to a conviction," the finding continues.

Although he was on trial for first degree murder, Grandine was convicted of manslaughter, for which he was later sentenced to 15 years in prison.

The appeal court has ordered a new trial.