Harder was last seen outside his rooming house in a pickup truck and his remains were found in a shallow grave just outside Winnipeg, Manitoba, Canada, three months after his disappearance.
The only physical evidence linking Driskell to the crime were three hairs found in his van that supposedly belonged to the victim.
DNA tests showed years later that not only did the hairs in fact not belong to Harder, but they weren't even related to each other.
On 3 March 2005, Minister of Justice and Attorney General of Canada Irwin Cotler used a special provision of the Criminal Code to quash the conviction, stay the charges, and order a new trial for Driskell, but the Manitoba Department of Justice decided not to order a new trial.
Driskell had been free on bail since late 2003, after serving a total of 12 years in Stony Mountain Penitentiary convicted of first-degree murder.