Dr. Charles Smith's lawyer has taken issue with James Lockyer's suggestion that the Chief Coroner's review found the forensic pathologist had an error rate of 57%. though the assessment only considered a small fraction of about 1000 autopsies Smith performed between 1991 and 2001;
"That is a complete and irresponsible distortion and raises the question...of whether Mr. Lockyer's participation in the review process tainted it," Niels Ortved told Justice Stephen Goudge.
(Toronto lawyer James Lockyer is representing ten individuals at the Inquiry and has battled valiantly to free people wrongly imprisoned as a result of Dr. Smith's erroneous opinions).
This humble blogster takes issue with the numbers Mr. Ortved is citing as Dr. Smith's name is probably connected with more miscarriages of justice than any person in Canadian history - and that is a despicable distinction.
Lets just read what Brenda Waudby had to say about Dr. Smith - and his impact on her life - in an appeal to the Health Profession Appeal and Review Board.
"I believe Dr. Smith failed to send this hair in January,1997 to be analyzed, concealed this from police, changed the course of an investigation with the disastrous result of allowing a killer to stay at large," Waudby wrote.
"These deficiencies are not of a small nature.
These deficiencies led to my arrest;
This doctor was allowed to hinder prosecution by concealing and not testing all evidence (in the case);
Dr. Smith should be immediately dismissed of his duties, as a physician of his calibre, the power over other's lives and freedoms, warrants a competent, ethical, trustworthy individual.
By concealing the single, most important piece of evidence in a homicide investigation and failing to conduct a proper autopsy; he has exhibited none of these virtues and therefore should not be considered worthy to exercise the power and responsibiltity the position commands.
As Dr. Smith's oversights have destroyed many lives in Ontario, it is your responsibility now to investigate fully why Dr. Smith maintained possession of this hair for so long and to ensure he is not allowed to destroy any more innocent lives.
Respectfully, Brenda Waudby';
So what if the review is only dealing with a small fraction of more than a thousand autopsies Dr. Smith performed in his career.
One of the most important principles of the medical profession is that physicians are supposed to do no harm.
Yet Dr Smith has caused Brenda Waudby and so many others whose cases are before the Inquiry unspeakable harm - let alone to speak of the harm he has caused to our criminal justice system and public confidence in the Chief Coroner's office.
He is not getting an Albert Schweitzer award for selfless efforts on behalf of humanity from me.
If anything, that goes to lawyer Lockyer.
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