Sunday, August 29, 2010


PUBLISHER'S NOTE: For the past year I have been impatiently awaiting release of "Forensic Investigations and Miscarriages of Justice: The Rhetoric Meets The Reality," by Kent Roach, Bibi Sangha and Robert Moles. The good news is that this timely work will be formally released in September - and that it can now be pre-ordered in order to expedite delivery, as per the link to Irwin Law, the publisher, at the bottom of this post. The authors bring to this comprehensive book an impressive collective experience in the area of wrongful convictions and the obstacles often put in the way of righting them. I have had the pleasure of reading an earlier draft. Kent Roach acted as counsel for the Association in Aid of the Wrongfully Convicted in the systemic issues phase of the Kaufman inquiry into the wrongful conviction of Guy Paul Morin - one of the most notorious miscarriages of justice in Canadian history and he recently served as a research director to the Goudge Inquiry into many of Dr. Charles Smith's botched cases. An article on wrongful convictions by Kent Roach was recently published in the North Carolina Journal of International Law and Commercial Regulation. Bob Moles, has probed deeply into miscarriages of justice through several books including "A State of Injustice (2004)," and, "Losing Their Grip – The Case of Henry Keogh (2006)." He, along with Bibi Sangha, was the co-author of a paper commissioned by the Goudge Inquiry called, "Comparative Experience with Pediatric Pathology and
Miscarriages of Justice in Australia." Bibi Sangha, is a lecturer in law at the Flinders University of South Australia. She played an important role in preparing Henry Keogh's legal submissions to the Medical Board and the Supreme Court of South Australia. Criminal justice systems throughout the world are finally waking up to the fact that forensic science is not the certain, infallible discipline that it has been held out to be for decades. But we need all the help we can get from scholars such Roach, Moles and Sangha to help sort out the mess caused by our unfettered belief in science, to vindicate and free the innocent, to fix broken, unwieldy appeal and review processes, and to repair the public's resulting lack of confidence in our criminal justice systems, This important work is relevant to all those - including defence lawyers, prosecutors, judges, police officers, and scholars, and ordinary citizens - who are concerned about remedying miscarriages of justice caused by "junk science," flawed or outdated forensic science, inflexible court procedures, and questionable "expert" evidence" on forensic issues, no matter where they may be. And that includes England, Australia, Canada, the U.S.A. and any other countries which have fallen prey to the same misguided beliefs, myths and misconceptions. I am not alone in my advance praise for this worthy book. T.F. Percy Q.C., Wolff Chambers, Perth, Western Australia, says it is "Comprehensive and groundbreaking… [A] masterly text which is certain to quickly become the primary reference point on the topic." To Ontario Court of Appeal Justice Stephen Goudge, who headed Ontario's Inquiry into many of Dr. Charles Smith's cases,"In this impressive work, the experiences of Britain, Canada, and Australia are collected, compared, and analyzed by these eminently qualified experts. While the similarities are striking, the differences provide the authors with the opportunity to elucidate thoughtful recommendations that should commend themselves to policy makers in all three jurisdictions. Indeed, all who are involved in the criminal justice system and the constant need to perfect it will profit from this book."

Harold Levy. Publisher. The Charles Smith Blog.


Structure of "Forensic Investigations and Miscarriages of Justice: The Rhetoric Meets The Reality."

Part One: The Rhetoric: Guiding Principles

Chapter 2: Prosecutors and Expert Witnesses

Chapter 3: Law on Miscarriages of Justice: Britain

Chapter 4: Law on Miscarriages of Justice: Canada

Chapter 5: Law on Miscarriages of Justice: Australia

Chapter 6: Fraud in Criminal Proceedings

Part Two: The Reality

Chapter 7: Investigations and Prosecutions

Chapter 8: Forensic Science Issues

Chapter 9: Forensic Pathology Issues

Part Three: Responses to Miscarriages of Justice

Chapter 10: Error Correction and Systemic Reform

Chapter 11: Improving Forensic Science

Chapter 12: Recommendations to Bring the Reality Closer to the Rhetoric;

Orders can be placed through the following link:

PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be accessed at:

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

Harold Levy: Publisher; The Charles Smith Blog;;