"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;"
NOTICE OF APPEAL: ONTARIO COURT OF APPEAL;
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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.
A date has not yet been set for the appeal.
Harold Levy...hlevy15@gmail.com;
