Thursday, April 10, 2008

Part Fourteen; Closing Submissions; Affected Families; Decision To Remove Smith From Roster; To Protect The Public Or The Chief Coroner's Office?

"IN FACT, DR. YOUNG ACKNOWLEDGED THAT AT THIS TIME ONE OF HIS MAIN CONCERNS WAS WITH THE IMPACT THE CONTROVERSY COULD HAVE ON THE CHIEF CORONER'S OFFICE ITSELF.

HE APPEARS TO HAVE GIVEN NO THOUGHT TO THE IMPACT DR. SMITH’S PAST WORK MIGHT HAVE HAD ON THOSE CRIMINALLY ACCUSED AS A RESULT OF HIS OPINIONS."
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CLOSING SUBMISSIONS; THE AFFECTED FAMILIES GROUP;

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This Blog is currently focusing on the submissions filed by the "Affected Families Group" - a group of families who were directly affected by the systemic failings which occurred in pediatric forensic pathology in Ontario between 1991 and 2001;

The Group is represented by lawyers Peter Wardle (Wardle, Daley, Bernstein) and Julie M. Kirkpatrick;

Today's focus is on a section in which the group argues that the decision to no longer allow Dr. Smith to perform Coroner's autopsies in criminally suspicious cases was motivated by a desire to protect the reputation of the Chief Coroner's Office - rather than to protect the public;

"In late January, 2001 the Chief Coroner's Office became aware of media coverage relating to Dr. Smith arising out of the stay of charges in Tyrell’s case and the withdrawal of charges in Sharon’s case," the section begins;

"As a result, Dr. Young met with Dr. Smith and asked him to agree to stop performing autopsies in criminally suspicious cases," it continues;

"According to Dr. Young, the reason for this was out of a concern about Dr. Smith’s effectiveness, not his competence.

Dr. Smith had become an enormous lighting rod and would benefit from time away.

“Everything he did from that point forward would attract undue attention. And that was a problem both for the Office and for him”.

In fact, Dr. Young acknowledged that at this time one of his main concerns was with the impact the controversy could have on the Chief Coroner's Office itself.

He appears to have given no thought to the impact Dr. Smith’s past work might have had on those criminally accused as a result of his opinions.

At this time Dr. Cairns still had faith in Dr. Smith and had no concerns about his competence.

Dr. Young appears to have been developing such concerns, although he was at pains to assure the Inquiry that they had nothing to do with his decision to take Dr. Smith off the roster."


Harold Levy...hlevy15@gmail.com;