Associate Chief Justice Dennis O'Connor has turned down a motion brought by the Kingston Police Service to declare that two documents relating to the prosecution of Sharon's mother cannot be considered by the Gough inquiry because they are privileged.
The first document is described in Justice O'Connor's ruling as, "a memorandum, dated April 18, 2000, from one of the investigating officers to the Crown Attorneys prosecuting the case."
The second document is described as, "a note of a meeting, dated July 7, 200, between the investigating officers and the Crown Attorneys relating, in general terms, to a number of matters that needed to be addressed in preparation for the then upcoming trial of (Sharon's mother)";
O'Connor says in his ruling, dated November 20, 2007, that the first document may shed light on the dangers of "tunnel vision" in criminal investigations and prosecutions where pediatric forensic pathology plays an integral role in proving the case - particularly where there is a disagreement among the experts or the experts are revising their opinions.
He ruled the second document is important to the Commission in identifying how the Crown and the police were approaching the complex and changing pathology evidence in preparation for trial.
"It appears from the notes themselves, that the prosecution team was preparing other forensic evidence to demonstrate the possible role of the dog," O'Connor said.
(See previous posting: Sharon's case: Part Three; Kingston police defended Dr. Charles Smith after murder charge withdrawn);
Harold Levy; hlevy15@gmail.com...
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