Part Six: Gaurov's Father: Spotlight On The Court Of Appeal;
"FRESH EVIDENCE IN THE FORM OF NEW MEDICAL EVIDENCE IS NOW AVAILABLE WHICH ESTABLISHES THAT THE DECEASED BABY, GAUROV KUMAR, LIKELY DIED FROM ACCIDENTAL OR NATURAL CAUSES AND SHOULD BE ADMITTED INTO EVIDENCE ON APPEAL;"
Dinesh Kumar's fight for exoneration after sixteen years is now before the Ontario Court of Appeal.
To its credit, the Ontario Government has agreed that the appeal has merit - and has not put any obstacles in its way.
To this writer's knowledge, at the moment more than a dozen cases involving Dr. Charles Smith have been filed in the Ontario Court of Appeal.
Mr. Kumar is appealing his conviction on the following grounds:
0: Fresh evidence in the form of new medical evidence is now available which establishes that the deceased baby, Gaurov Kumar, likely died from accidental or natural causes and should be admitted into evidence on appeal;
0: There was no absence of due diligence on the part of the defence at trial.
0: Leave should be granted to the Appellant to withdraw his plea of guilty, and,
(0) The fresh evidence is such that to sustain the Appellant’s conviction would amount to a miscarriage of justice.
In a nutshell, he is asking the Court to admit the fresh evidence, grant leave to withdraw his plea of guilty should be granted, quash the conviction, and enter a verdict of acquittal.
My interest in forensic pathology began with my Toronto Star investigative reporting into once famed since disgraced former doctor Charles Smith. I began this Blog after retiring from the Star in 2006 in order to follow the aftermath into the independent Goudge inquiry into many of Smith's cases. I have now begun to focus on cases involving flawed forensic science no matter where they occur (the recent Amanda Knox prosecution in Italy, for example) and am fascinated by the interest in the Blog from people in countries throughout the world. In another development, my interest in "junk science" "pseudo-experts" and the miscarriages of justice they all too often cause has drawn me deeply into the on-going U.S. death penalty debate where so many troubling cases involve issues relating to DNA and other developments in the world of forensic science. For all of this I rely on my experience as a reporter at the Toronto Star, my work as a lawyer in Ontario's criminal courts, and my abhorrence of injustice. Please send cases and developments which may be of interest to this Blog to firstname.lastname@example.org. Read on! Harold Levy.