"Citing new evidence and extenuating circumstances, Kirkpatrick said she's optimistic that the extension would be granted, giving Waudby a shot at appealing her conviction.
Waudby was wrongfully accused of murdering her child, 21-month-old Jenna Mellor, in September 1997.
But as time went on, the Crown's case began to unravel.
On June 11, 1999, Waudby pleaded guilty to one charge of child abuse.
On June 15, 1999, the Crown withdrew its charge of second-degree murder."
REPORTER SARAH DEETH: THE PETERBOROUGH EXAMINER;
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PUBLISHER'S NOTE: It is clear from the evidence called at the Goudge inquiry that Brenda Waudby - an utterly innocent individual who's baby daughter had been murdered by her babysitter - had been required to plead guilty to a charge of child abuse under provincial legislation before the Crown would withdraw the the second-degree murder charge on the basis of medical opinions which showed she could not possibly have committed the crime. It is also clear that Dr. Charles Smith's opinion that there were injuries which preceded the attack on Baby Jenna - which led to her being wrongfully charged with murder - was also the basis for the provincial charge, along with what the police claimed to be a confession. Instead of receiving the sympathy and compassion she deserved as a grieving mother whose baby daughter had been murdered, Ms. Waudby, a grieving mother, was herself charged with the horrific crime and not surprisingly became a pariah in her community. Brenda Waudby has been given a raw deal by Ontario's criminal justice system. We can only hope that the Court will give her the opportunity to strike the plea that she felt compelled to make in the circumstances, allow her to call the fresh evidence which she says clears her of this offence, and go the rest of the distance necessary to clear her name.
HAROLD LEVY; PUBLISHER; THE CHARLES SMITH BLOG.
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"Brenda Waudby has never stopped fighting to clear her name and at battle Thursday in Superior Court of Justice," the Peterborough Examiner story by reporter Sarah Deeth filed earlier today begins, under the heading, "Waudby fights to clear name."
"She's in the early stages of appealing a 1999 child abuse conviction," the story continues.
"Her lawyer, Julie Kirkpatrick, spoke briefly to the matter before Mr. Justice Chris Corkery.
Kirkpatrick has filed a motion asking for an appeal extension. The Crown has to either consent to the extension or a judge has to grant one.
Usually a defendant has 30 days to file a notice of appeal with the court. Anyone trying to appeal a conviction after the 30- day period must first apply for an appeal extension.
Citing new evidence and extenuating circumstances, Kirkpatrick said she's optimistic that the extension would be granted, giving Waudby a shot at appealing her conviction.
Waudby was wrongfully accused of murdering her child, 21-month-old Jenna Mellor, in September 1997.
But as time went on, the Crown's case began to unravel.
On June 11, 1999, Waudby pleaded guilty to one charge of child abuse.
On June 15, 1999, the Crown withdrew its charge of second-degree murder.
She sat in court in December 2005 when her former babysitter pleaded guilty to killing Jenna. She was there when he was sentenced to 22 months in jail in March 2006.
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She drove to Toronto every day to watch the Goudge Inquiry unfold. The inquiry examined the work of pathologist Dr. Charles Smith, whose "think dirty" method pointed police to Waudby.
She's watched and waited while the provincial government has begun the tedious job of handing out compensation to Smith's victims.
Waudby declined to speak to reporters Thursday.
Kirkpatrick said Waudby has been living under the stigma of this conviction for years.
"A lot of time has passed, and Brenda Waudby has been determined from the start to see justice done and clear her name. This is one of the last steps in that process," she said.
The local Crown attorney's office can't be involved in the appeal process, given its history with Waudby and the Mellor case.
Kirkpatrick said the Crown's office in Toronto would be responsible for assigning a prosecutor to the case.
The case has been adjourned to Dec. 9."
The story can be found at:
http://www.thepeterboroughexaminer.com/ArticleDisplay.aspx?e=2822694
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