Who Murdered Elizabeth Bain? the Wrongful Conviction of Robert Baltovich

Who Murdered Elizabeth Bain? the Wrongful Conviction of Robert Baltovich

He spent eight years in prison and another eight fighting to clear his name. When his second trial finally began, prosecutors called not a single witness.

Elizabeth Bain, 22, disappeared from the University of Toronto's Scarborough campus on June 19, 1990. Her boyfriend, Robert Baltovich, was convicted of her murder in 1992 and spent 18 years fighting the conviction before being acquitted in 2008. Her body has never been found, and no one else has ever been charged.

A Disappearance With No Body

Bain told her mother she was going to check a tennis schedule on campus and never returned. Three days later, her blood-stained car was found nearby. Investigators quickly focused on her boyfriend, Robert Baltovich, a fellow student, and arrested him five months later.

Conviction

At his 1992 trial, prosecutors portrayed Baltovich as a jealous, possessive boyfriend who killed Bain after she tried to end the relationship, then hid her body before later transporting it in her own car. Several eyewitnesses testified to seeing him with Bain or driving her car, though some of these witnesses had undergone hypnosis before testifying — a technique later ruled inadmissible by Canada's Supreme Court, since it can distort memory rather than clarify it. A jury convicted Baltovich of second-degree murder, and he was sentenced to life in prison.

Years Fighting the Conviction

Baltovich spent eight years in prison before being released on bail in 2000 pending appeal. In 2004, Ontario's Court of Appeal set aside his conviction, sharply criticizing how the original trial had been conducted, and ordered a new trial on the lesser charge of second-degree murder.

A Theory Involving Paul Bernardo

Baltovich's defense team argued that Paul Bernardo, a convicted serial rapist and murderer who had been active in the same area under the name "the Scarborough Rapist" at the time Bain disappeared, was a more plausible suspect — a connection unavailable at Baltovich's original trial since Bernardo's identity wasn't yet known. Bernardo, later convicted in 1995 for the murders of two other young women, has been questioned about Bain's case and has denied any involvement. This remains a theory raised by Baltovich's defense rather than an established fact, and no charges have ever been filed against Bernardo in connection with Bain's case.

Acquittal

Ahead of his 2008 retrial, additional forensic notes surfaced suggesting the original police theory of the timeline — that Baltovich had hidden Bain's body for days before moving it — wasn't actually supported by the forensic evidence in her car. When the retrial began, prosecutors announced they had no reasonable prospect of conviction and called no witnesses; a judge directed the jury to a not guilty verdict on April 22, 2008, 18 years after Bain's disappearance.

A Family That Remains Unconvinced

Bain's mother, Julita, said after the acquittal that she would never believe Baltovich was innocent, a position the family has continued to hold publicly. Baltovich has said he understands the family's grief and hopes they can eventually accept his account, while also acknowledging he doesn't know for certain who was responsible for Bain's death.

A Later Lawsuit

In 2010, Baltovich filed a $13 million lawsuit alleging malicious prosecution against Ontario's government and the police investigators involved; Ontario had previously declined to offer him compensation. Documents that surfaced during that lawsuit in 2014 indicated forensic experts had told the lead detective, years before Baltovich's original trial, that the evidence didn't support the prosecution's timeline — information that wasn't disclosed to Baltovich's defense at the time.

Frequently Asked Questions

Was Robert Baltovich ever convicted of murdering Elizabeth Bain?
He was convicted in 1992, but that conviction was overturned in 2004, and he was fully acquitted at a retrial in 2008 after prosecutors withdrew their case.

Has anyone else ever been charged in Elizabeth Bain's death?
No. Despite theories pointing to convicted serial killer Paul Bernardo, no one has ever been charged, and Bernardo has denied involvement.

Has Elizabeth Bain's body ever been found?
No. It has never been recovered.

Sources

Robert Baltovich — Wikipedia 'I Get to Live the Rest My Life Free': Baltovich Acquitted — CBC News Robert Baltovich — Innocence Canada