Autopsy Errors Wrongfully Convict

Twelve people criminally convicted of murder of their child or loved one are happy today.

Forensic evidence used against them was found to be faulty. Several other pending cases have also been tossed out.

The pediatric forensic pathologist involved, Dr. Charles Smith, is the center of an investigation by the Chief Coroner’s Office.

Counsel for Dr. Smith, Niels Ortved of McCarthy Tétrault, stated,

As this inquiry commences and before any testimony is heard, Dr. Smith wishes to publicly acknowledge to the commission that in the 20 years that he performed autopsies at the direction of the Office of the Chief Coroner of Ontario, he made a number of mistakes for which he is truly sorry.

Dr. Smith sincerely regrets these mistakes and apologizes to all who may have been affected by his errors. Dr. Smith wishes to emphasize that any such mistakes were made honestly and without any intention to harm or obstruct the pediatric death investigations in which he was involved.

At all times, Dr. Smith endeavoured to use whatever knowledge and expertise he possessed to render accurate pathologic opinions. In retrospect, he understands that in some 20 cases which form the basis of this inquiry, his work, while to the best of his ability at the time, was simply not good enough in certain circumstances.

Admitting the mistake up front in this manner is quite forthcoming, and likely to bode well for Dr. Smith in the perception of the public. Best practices in public relations can at times be a challenge for the legal industry.

Others holding standing in the case include Crown Attorneys, the Coroner’s office, and the College of Physicians and Surgeons of Ontario.

You can learn more about this on a blawg dedicated specifically to the case, or on the CBC page backgrounder page.

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