Jason Liebreghts / Metroland -- Alan Smith, 56, covered his head with a hood as he left Superior Court in Whitby after being freed on bail on a charge of second degree murder in connection with the death of Beverly Smith.
WHITBY -- The man accused of murdering his young neighbour in her home and then keeping the secret for more than 30 years has been released on bail as he awaits a trial.
Superior Court Justice Michelle Fuerst approved the release of Alan Smith Monday afternoon. He's accused of killing 22-year-old Beverly Smith -- no relation to the accused man -- with a single gunshot to the back of the head in December 1974.
Mr. Smith, 56, was released on $80,000 bail and a number of conditions, including that he live with his daughter in her home near Grafton and observe a curfew between midnight and 6 a.m. He's been ordered not to drink or take non-prescription drugs and is prohibited from driving or possessing weapons.
The ruling came after an extensive bail hearing held over two days earlier this month in Whitby. A publication ban restricts reporting on evidence heard at the bail hearing and the judge's reasons for releasing Mr. Smith.
The accused man, his wrists bound by handcuffs, raised both thumbs and whispered "Yes!" to his supporters, including his daughters and a sister, gathered in a cramped basement courtroom at the Whitby courthouse.
Meanwhile, relatives of the slain woman, including her sisters and her daughter Rebecca, an infant when her mother was murdered, sat huddled together, tearfully comforting one another. A tearful Barbra Brown, who has spoken on behalf of Ms. Smith's family and earlier this year made an emotional appeal for information in the decades-old killing, refused comment after the judge's decision.
Ms. Smith's killing has remained a mystery since her body was found in her Raglan home by Alan Smith and his wife on the evening of Dec. 9, 1974. The file has been revisited over the years by Durham police, who last year launched an intensive review, going over evidence gathered in the past and re-interviewing people talked to after the murder.
Mr. Smith was arrested March 17 at the home he shared in Cobourg with his daughter and charged with second-degree murder.
He is to appear in court in Oshawa Wednesday.