Ont. to review shaken baby cases, compensation on heels of pathology probe
Last Updated: Tuesday, December 2, 2008 | 12:40 PM ET
The Canadian Press
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A formal review of shaken baby cases in which disgraced forensic pathologist Dr. Charles Smith played a role was launched Tuesday along with a look at compensation for those wrongfully convicted, in part, by his expert evidence.
Ontario Attorney General Chris Bentley announced two teams have been struck to act on a damning report by Justice Stephen Goudge, who harshly criticized key players in a forensics scandal that saw innocent people branded as child killers.
"Justice Goudge has given us an excellent road map for progress, and we are following it so that Ontarians who may have been affected by these terrible human tragedies can find the justice they deserve," said the attorney general in a news release. "We will take every opportunity to ensure that justice is done."
Bentley announced the creation of a review team for shaken baby death cases and a committee to consider issues of compensation.
Justice Donald Ebbs will head the review team for criminal convictions involving shaken baby cases, as recommended by Goudge.
Former integrity commissioner Coulter Osborne will head the committee to consider the viability of a compensation process.
Goudge's report found the failings of the "arrogant" Smith and his bosses were at the heart of the miscarriages of justice.
Wrongly convicted man launches $13M lawsuit
William Mullins-Johnson, an Ontario man who spent 12 years in jail after being wrongly convicted for the rape and murder of his four-year-old niece, has launched a $13-million lawsuit against six doctors, including Smith.
Mullins-Johnson said Monday that while he would welcome compensation, it doesn't change the hardships he had to endure.
"I'm glad they're making efforts to right that wrong a bit, but the damage is already done," he said.
"It's us that's going to have pick up the pieces and make some sense of this. It's a day-by-day battle, just like when I was in jail."
The review of cases in which babies in Ontario were apparently shaken to death will take place against the growing controversy over whether it's even possible to kill an infant by violent shaking alone.
While some argue the kind of force needed to cause injuries characteristic of the syndrome can't occur any other way, recent evidence indicates that even falls from low heights can cause similar injuries.
The provincial coroner's office has identified about 220 cases in which a baby supposedly died after being shaken by an abusive parent or caregiver.
Bentley said Tuesday the investigators would look into 142 cases.
In his report, released in October, Goudge made 169 recommendations, including asking the Ontario government to consider compensation for those affected by Smith's work.
Gouge also recommended that more than 140 other cases involving forensic pathology be reviewed.
Bentley said as many as 40 people could be eligible for compensation for miscarriages of justice.
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