"The college revealed it was investigating Young in 2008 following a public inquiry during which he came under harsh criticism for “lax” oversight of pediatric pathologist Charles Smith, whose litany of errors led to a series of wrongful murder charges and convictions. The college has said little about the investigation, never even confirming it was related to the Smith debacle. It normally never even reveals it has launched investigations, but back in 2008 it told the Star about the Young probe because of “compelling public interest.” The news of the dropped investigation has come as a blow to the victims of the Smith debacle."
Reporter Theresa Boyle; The Toronto Star;
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"The College of Physicians and Surgeons of Ontario has quietly dropped an investigation into former chief coroner James Young in exchange for him pledging his intention not to reapply for a licence to practise medicine," reporter Theresa Boyle's story in the Toronto Star published yesterday begins, under the heading, "College drops probe of ex-chief coroner."
"The college revealed it was investigating Young in 2008 following a public inquiry during which he came under harsh criticism for “lax” oversight of pediatric pathologist Charles Smith, whose litany of errors led to a series of wrongful murder charges and convictions," the story continues.
"The college has said little about the investigation, never even confirming it was related to the Smith debacle. It normally never even reveals it has launched investigations, but back in 2008 it told the Star about the Young probe because of “compelling public interest.”
The news of the dropped investigation has come as a blow to the victims of the Smith debacle.
“I think it's disgraceful. This man oversaw an environment that destroyed lives of so many people. There is no penalty for that?” asked William Mullins-Johnson, a 39-year-old Sault Ste Marie man who spent 12 years in jail after being wrongly convicted of murdering his 4-year-old niece on the basis of flawed evidence from Smith.
In his report following a public inquiry, Justice Stephen Goudge singled out Young for his contribution to the fiasco. He slammed Young for neglecting his job, being blind to Smith's inadequacies, ignoring criticisms and shielding the pathologist from critical scrutiny.
James Lockyer, lawyer for Mullins-Johnson and other victims, expressed dismay at the quiet way in which the college has handled the investigation: “It's an extraordinarily secretive process in a matter that is of such public importance and public interest.”
Lawyer Julian Falconer said he was disappointed to learn the case had been “dealt away” in secret: “This is a serious blow to public confidence when such a controversial move is done in secret.”
On Jan. 17, Young signed an “undertaking” in which he stated he has no intention to apply again for registration with the college in Ontario. “In exchange for this undertaking, the College of Physicians and Surgeons of Ontario agrees not to proceed with an investigation,” the deal says. It goes on to say that should Young change his mind and reapply, the college could restart the investigation.
Young had relinquished his licence in May last year.
While the undertaking is posted on the college's website, it was never announced nor were any of the affected parties told about it. The Star learned of it after making an inquiry.
Told about the anger of the victims and their lawyers, Clarke would say only: “We don't usually comment on this sort of thing or discipline decisions. The reasons for the facts usually speak for themselves.”
An investigation by the college into former deputy chief coroner Jim Cairns is ongoing. Smith has been referred to the college's disciplinary committee for a hearing, a date for which has not yet been set.
Medical malpractice lawyer Amani Oakley, who represents victims in a separate case, is critical of the college for not doing enough to hold doctors accountable: “The college is letting these doctors off too lightly and not fulfilling its obligation to the public to be a watchdog and to get some transparency into the system,”
Oakley represents women who underwent botched operations by obstetrician and gynecologist Dr. Richard Austin. In June 2008, Austin signed an undertaking with the college, promising not to reapply for his licence in exchange for the regulator agreeing not to purse complaints against him.
“These behind the scenes deals turn the stomach of the public. The public wants to know what's going on,” Oakley said."The story can be found at:
http://www.healthzone.ca/health/newsfeatures/article/803296--college-drops-probe-of-ex-chief-coroner
Harold Levy...hlevy15@gmail.com;
