"OUR FILE CONTAINS...A LOT OF INFORMATION INVOLVING THE INITIAL CORONER'S INVESTIGATION, INCLUDING VIDEOTAPED STATEMENTS FROM BOTH ACCUSED TAKEN BY THE REGIONAL CORONER, DR. (BENOIT) BECHARD AND THE POLICE WITHOUT CAUTION, WARNING OR RIGHT TO COUNSEL".
FROM MEMORANDUM SENT BY PROSECUTOR MARY WALSH TO THE CROWN LAW OFFICE EXPRESSING CONCERN THAT THE TORONTO STAR IS SEEKING ACCESS TO THE CROWN'S TIFFANI FILE FOR A SERIES OF ARTICLES ABOUT BABY DEATHS IN ONTARIO.
In Tiffani's case, two parents were charged with manslaughter, and other criminal offences, after Dr. Charles Smith, erroneously concluded, following an exhumation, that the child, born premature at thirty-six weeks, had been asphyxiated.
(The independent expert who studied Tiffani's case for the Chief Coroner's review, reported that, "If Dr. Smith did indicate to the police that he thought the death was strangulation, there was no evidentiary basis to support such suspicion.")
In recent postings we have seen how the police went to extraordinary lengths in their investigations to back up Dr. Smith's expert opinion including obtaining a search warrant to seize a mother's farewell note from her 11-month-old son's casket, and placing an undercover officer into a Narcotic's Anonymous group.
A memorandum found in an "overview" report prepared by Goudge Inquiry staff illustrates yest another extraordinary length that police went to in order back up one of Smith's opinions - using a Coroner to help extract a confession from the parents of Tiffani who was three and a half months old at the time of her death.
The memorandum, sent by prosecutor Sheila Walsh, since deceased, to the Crown Law Office, expresses concern that the Toronto Star is seeking access to the Crown's file in the Tiffani case for a series of articles about baby deaths in Ontario.
Walsh, since deceased, lists several "individuals" who she fears will be exposed to "unfavourable light" if the file is made public, and then goes on to note that it also contains, "a lot of information involving the initial Coroner's investigation, including videotaped statements from both accused taken by the Regional Coroner, Dr. Bechard and the police (Ontario Provincial Police Quinte Detachment H.L.) without caution, warning or right to counsel".
It is no wonder that the government would not have wanted the public to learn that the police had used a Coroner to help obtain confessions from suspects in a serious criminal case, because in Ontario Coroner's are meant to be independent and cannot be seen as agents of the police.
This extraordinary abuse of power and violation of the constitutional rights of the parents is set out in the "overview report" of Tiffani's case prepared by Commission Goudge Inquiry staff, under the heading: "Interview of Mary and William"
"According to the report of Det. Sgt. Henry, following the telephone conference at Dr. Young's office, "It was decided an order would be issued to exhume the body for a second autopsy to be exercised after a complete interview of the parents by Dr. both Dr. Bechard and D/Insp Smith.
The notes of D.Insp Smith indicated that, on July 9, 1993, at 0940, he met with Dr. Bechard, D/Sgt. Henry, and D/Cst Skinner to "discuss method of interview." His notes provided the following with respect to this meeting:
Coroner's case.
Coroner will ask medical background of mother in method used for medical history.
-Will mention the interview is taped + get consent.
-If at any time interview shows criminality, Coroner will stop. Officers will (issue?) caution + continue interview.
Same procedure to follow with the husband.
On July 9, 1993, Dr. Bechard and D/Insp Smith interviewed Mary and William at the Quinte Detachment. The interviews were videotaped. Dr. Bechard and D/Insp. Smith began by telling Mary and William that they did not "really understand the cause" of Tiffani's death and that they wanted to get Mary and William's medical backgrounds. The reports prepared by D/Cst. Skinner provided that the interviews of Mary and William were "mainly for the purposes of past medical background on both subjects & other circumstances leading up to the baby's death."
Mary and William were then interviewed separately."
If the interviews were merely to gather medical information for a Coroner's investigation, this Blogster wonders why the police would be present, why would the parents be questioned as to the cause of Tiffani's death (a prelude to laying charges), why would the interview be videotaped (if not to record evidence for use in court) - and why the parents would be interviewed separately as is the practice for taking confessions in criminal cases?
And, as prosecutor Walsh pointed out - all of this without, "a caution, warning or right to counsel."
Once again the criminal justice system had been twisted out of proportion to back up the erroneous opinions of Dr. Charles Randal Smith - with very serious potential consequences to the parents involved.
This investigatory zeal was bound to raise huge concerns about the objectivity and integrity of the Coroner's system in Ontario.
One of the most important tasks of the Inquiry is to try and win public confidence back;
Harold Levy...hlevy15@gmail.com;
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