"Bayne is partly relying on criticisms of expert witnesses in the four-volume report by Justice Stephen Goudge, who two years ago led the probe into the work of Dr. Charles Smith. He was viewed as one of Canada's leading experts in pediatric forensic pathology -- but Goudge found that despite his stature, Smith had little forensic experience and for more than 10 years fooled courts into believing that he had. Smith was responsible for numerous wrongful convictions because juries and courts believed him.
In urging judges to be more critical of experts, Bayne said if his handwriting experts are allowed to testify, one of them will say that "in 30 years he has never seen anyone working in the field who (so) clearly doesn't understand handwriting analysis."
REPORTER CHRIS COBB: THE OTTAWA CITIZEN;
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BACKGROUND: The inquiry focused largely on the flawed work of Dr. Smith — formerly the province's chief pediatric pathologist and a self-styled member of the prosecution team — whose "errors" led to innocent people being branded as child murderers.
The 1,000-page report by Justice Stephen Goudge slammed Dr. Smith, along with Ontario's former chief coroner and his deputy, for their roles in wrongful prosecutions and asked the province to consider compensation.
The provincial coroner's office found evidence of errors in 20 of 45 autopsies Dr. Smith did over a 10-year period starting in the early 1990s. Thirteen resulted in criminal charges.
William Mullins-Johnson, who was among those cases, spent 12 years in prison for the rape and murder of his four-year-old niece, whose death was later attributed to natural causes.
In another case, Dr. Smith concluded a mother had stabbed her seven-year-old girl to death when it turned out to have been a dog mauling.
The inquiry heard that Dr. Smith's failings included hanging on to crucial evidence, "losing" evidence which showed his opinion was wrong and may have assisted the accused person, misstating evidence, chronic tardiness, and the catastrophic misinterpretation of findings.
The cases, along with other heart-rending stories of wrongful prosecutions based in part on Smith's testimony, also raised a host of issues about Ontario's forensic pediatric pathology system and the reliance of the courts on expert evidence."
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"The extradition hearing for former Ottawa university professor Hassan Diab entered crucial territory Tuesday with the alleged terrorist's lawyer condemning pivotal prosecution handwriting evidence as the unreliable work of an incompetent analyst out of touch with modern methods," the Ottawa Citizen story published earlier today under the heading, "Diab lawyer queries work of handwriting expert: 'Egregious errors' in analysis of name on hotel register," begins.
"Lebanon-born Diab, 57, is wanted for murder by French authorities for his alleged role in planting a bomb outside a Paris synagogue in 1980. Four people were killed and more than 40 injured in the blast," the story continues.
"Defence lawyer Donald Bayne has testimony from three internationally re-nowned handwriting specialists, all of whom, he says, debunk the French handwriting evidence that Paris prosecutors say ties Diab to the crime.
French police found a signature and other writing of a Greek Cypriot by the name of Alexander Panadriyu in a Paris hotel registry and, for comparison, got samples of Diab's own writing from the United States where he was later a student.
Because of myriad witness statements, police are convinced that the guest using the false Greek name and the Palestinian bomber are the same person. They say they've in turn connected those identities to Diab via the handwriting.
But Diab claims his innocence and says he is the victim of mistaken identity.
He is asking Ontario Superior Court Justice Robert Maranger to consider the evidence of his three experts -- from Canada, the United Kingdom and the United States -- and allow all three to testify.
Under Canadian extradition law, an accused has no automatic right to submit evidence in response to the case against him or her and evidence provided by the requesting country must be considered "presumptively reliable." Which means any Canadian fighting extradition has an uphill battle.
The current French handwriting expert whose report is now part of the prosecution case is the third offered up by France. The work of two others was withdrawn.
"Its professed reliability collapsed into withdrawal," said Bayne, who says his own trio of experts is unanimous in its condemnation of the third French report and its "egregious methodological errors."
In his submission to Maranger, Bayne said although extradition law is restrictive, there is plenty of case law that urges judges to be cautious when a prosecution has obvious "frailties."
Bayne is partly relying on criticisms of expert witnesses in the four-volume report by Justice Stephen Goudge, who two years ago led the probe into the work of Dr. Charles Smith. He was viewed as one of Canada's leading experts in pediatric forensic pathology -- but Goudge found that despite his stature, Smith had little forensic experience and for more than 10 years fooled courts into believing that he had. Smith was responsible for numerous wrongful convictions because juries and courts believed him.
In urging judges to be more critical of experts, Bayne said if his handwriting experts are allowed to testify, one of them will say that "in 30 years he has never seen anyone working in the field who (so) clearly doesn't understand handwriting analysis."
The French handwriting report, he added, is confusing and almost impossible for a lay person to understand.
"It was her obligation to make it crystal clear," he said, urging the judge to give the French analysis "vigilant scrutiny."
Crown lawyers are expected to vigorously oppose Bayne's efforts on the grounds that introducing defence evidence contravenes the Extradition Act."
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The story can be found at:
http://www.ottawacitizen.com/news/Diab+lawyer+queries+work+handwriting+expert/3908595/story.html
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:
http://www.thestar.com/topic/charlessmith
For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:
http://smithforensic.blogspot.com/2010/08/new-feature-cases-issues-and_15.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com