Smith And The Media: Part Four: Fifth Estate Probe Triggers Plea To Premier Mike Harris for Inquiry into Smith Cases: Deaf Ears;

"AS THIS MATTER COMES UNDER MR. FLAHERTY'S JURISDICTION, HE, OR A MEMBER OF HIS STAFF, WILL RESPOND TO YOU ON BEHALF OF THE GOVERNMENT."

PREMIER MIKE HARRIS TO LAIRD MENELEY (BRENDA WAUDBY'S LAWYER; DECEMBER 15, 1999;

Three previous postings under the heading "Smith and the Media" demonstrated how the media share part of the blame for the canonization of Dr. Charles Randal Smith.

There are, however, several significant exceptions, including a CBC "Fifth Estate" documentary on Smith.

As described by Superior Court Justice Brian Trafford, in his decision on the constitutional motion in the Kporwodu and Veno case, "On Nov. 10, 1999, the Fifth Estate did a documentary concerning Dr. Smith."

"It included interviews of the mother of a deceased child, Dr. Cairns (Deputy Chief Coroner Dr. Jim Cairns), and a number of medical experts who were critical of the work of Dr. Smith as a pediatric pathologist in the cases examined by the program," Trafford continued.

"The program lasted for about thirty minutes in prime time on national television.

The program was, in tone, critical of Dr. Smith's competence and objectivity;"

This Fifth Estate documentary prompted a Peterborough family lawyer named Laird Meneley to call for a public inquiry to investigate, among other matters, Smith's role in the investigation of his client Brenda Waudby, who had been charged with murdering her two and a half year-old daughter Baby Jenna.

"During the course of the police investigation, the police were made aware that the attending physician for Jenna on the night of her death had found a curly black hair on her body in her vaginal area," Meneley wrote in the six page letter which included numerous enclosures - including a tape of the CBC documentary.

"This hair was not sent to Toronto when her body was sent to Toronto for an autopsy," Meneley continued. "The police knew that the attending physician and several nurses, ambulance attendants and emergency personnel noted that Jenna had been sexually assaulted in their emergency medical reports...

Dr. Smith did not investigate the possibility that Jenna may have been sexually assaulted on the night of the death. (I find it hard to reconcile the allegation that Smith refused to investigate sexual assault with other cases, such as the Mullins-Johnson case, in which he is alleged to have prematurely leaped to the conclusion that conclusion that the child had been sexually assaulted. HL);

Dr. Smith concluded that Jenna died from blunt abdominal trauma and that her injuries had been caused by blows administered to her from five to seven days prior to her death.

From the date of Brenda's arrest on Sept. 18, 1997, until the preliminary hearing in October 1998, it appears that no one from the police, the Crown Attorney's Office, the Centre of Forensic Sciences or the Kawartha Haliburton Children's Aid Society sought a second medical opinion to check Dr. Smith's opinions.

Several independent experts appointed by both the Crown and the Defence to review the case unanimously concluded that Smith, a pediatric forensic pathologist at the Hospital for Sick Children in Toronto, got the time the blows had been inflicted terribly wrong - and that it would have been impossible for Waudby to have caused Baby Jenna's death;

Meneley suggested to Harris that the public inquiry could look into issues such as:

Is the use of forensic pathology and forensic science in criminal investigations in Ontario being properly provided in instances of infant homicide?

Are there ways to improve the ways that the criminal justice system uses forensic pathology and forensic science in relation to infant homicide? and,

How did the criminal justice system and child welfare justice system fail Jenna Mellor?

Meneley sent copies of his letter to the Premier to David Tsubuchi, Solicitor General, (responsible for the Chief Coroner's Office), James Flaherty, Attorney General), and John Baird, Minister of Community and Social Services.

His pleas for a public inquire fell on deaf ears as Harris replied tersely on Jan. 31, 2000, that, "As this matter comes under Mr. Flaherty's jurisdiction, he, or a member of his staff, will respond to you on behalf of the government," and an official from Flaherty's office responded that, "in the meantime, as stated earlier, it would be inappropriate to appoint a commission to inquire into the death of Jenna Mellor while the investigation continues."

As I read Harris dismissive letter - and the other government missives - I was reminded of the years Harris spent fighting requests for an inquiry that would deal with police actions at Ipperwash and allegations that his government had improperly interfered with police.

Meneley ended his letter to Harris by pointing out that a public inquiry was warranted because, "I feel that this case is very disturbing and it does not appear to be an isolated case as the segment from the Fifth Estate shows."The CBC deserves Kudos's for producing its ground-breaking documentary on Smith at a time when he was still being coddled by the media.

It's rather sad, however, that the government didn't take up Meneley's offer "(to) provide further information or assistance with regard to any of the above," and look into the allegations that more than one of Smith's cases were tainted.

Meneley had put the premier, the Solicitor General, and the Attorney General squarely on notice on notice that there was a significant problem in Ontario's criminal justice system - yet it appears that they chose not to look into the allegations.

Several more years would have to go by before mounting publicity pressured the Coroner's Office to finally stop Smith from performing autopsies in cases involving the suspicious death's of children;

Sadly, Laird Meneley passed away on April 20, 2003 - about three years before the McGuinty Government established the Goudge Commission to investigate many of the same issues that Meneley had so passionately - but unsuccessfully - urged on Harris.

See other postings in the "Smith and the Media Series:

Part Five: Taking on Charles Smith: A second example of fearless journalism;

Part Three: Smith of the North;

Part Two: Smith goes to India;

Part One: Why the media share some of the blame;

Harold Levy;