Tuesday, November 6, 2007

Goudge Inquiry: Commissioner Makes Two Last Minute "Standing" Orders;

Commissioner Stephen Goudge has made two last minute "standing orders" as the his Inquiry into pediatric forensic pathology in Ontario is about to begin.

One order grants standing to Marco Trotta who's appeal of his criminal conviction for the murder of his eight-month-old son is now under reserve by the Supreme Court of Canada. (See previous postings: Trotta: Smith-related case creates dilemma for Supreme Court; (October); Trotta: Supreme Court hearing set for October 12; (October); Trotta: Another Smith case involving misplaced evidence; (October));

Goudge ruled that Trotta requires standing because, "simply to protect his fair trial rights in the event that a new trial is directed."

But the Trotta case is classic Smith and belongs before the inquiry: Smith found a recent skull fracture which had been inflicted as recently as ten minutes before Paolo's death; The independent review ordered by former chief coroner Dr. Barry McLellan found that the fracture was healed.

Trotta has also been granted funding to enable him to have Counsel present at the Inquiry on his behalf.

The second order grants standing to "two adult individuals who were involved in one of the cases examined by the Chief Coroner's review."

These two individuals will be part of the "affected families group" which is represented at the Inquiry by lawyer Peter Wardle - but Goudge says, "they are anxious that their full names not be used...because of the potential impact on the surviving child."

Goudge says they will be referred to by their first names or by their relationship to the deceased infant a per his previously issued press ban. (See previous posting: Commissioner imposes unopposed publication bans.)

The evidence portion of the Inquiry begins Monday. (November 12);

Harold Levy;