Thursday, February 24, 2011

CHARLES SMITH; (PART 3); VICTIM IMPACT STATEMENT SERIES: "A TRAGIC LEGACY." (PROFESSIONAL MISCONDUCT HEARING); BRENDA WAUDBY;


"Jenna Mellor, my angel, was murdered by her babysitter...Because of you I have to after 14 long painful years exhume Jenna to have her made whole...

What did I ever do to you? What did any of us do to you? You took it upon yourself to destroy my life. Perhaps you don't realize but by destroying my life you destroyed my children too. You also destroyed my mother who never got to see the real killer caught. She died in 2000."

VICTIM IMPACT STATEMENT: BRENDA WAUDBY;

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BACKGROUND: On February 1, 2011, the College of Physicians and Surgeons of Ontario found that Charles Smith had committed acts of professional misconduct and that he was incompetent. Before striking him from the College Register, the College received six victim impact statements which are being published in their entirety on this Blog over a series of posts. These statements provide extraordinary insight into the harm caused to the victims by Smith, his protectors in the Chief Coroner's office, the College, the Hospital for Sick Children in Toronto, and all of the other individuals and institutions who failed to stop Smith when they had a chance.

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BACKGROUND OF THE CASE: 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 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 fully clear her name.

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VICTIM IMPACT STATEMENT: BRENDA WAUDBY;

"Dr. Charles Smith. What can I say?," the statement begins.

"Your name in the 1090's spread fear into defence lawyers who were defending clients charged with killing their own babies,"
it continues.

"Your track record in the courts was impeccable. You were the best of the best. Tou were known as the "go to guy" in pediatric forensics. Defence lawyers were dealing clients because you were on the file. You were allowed to practice without consequence. Your boss promoted you as Canada's leading expert. Your practice continued into the 90's unchecked. No person or colleague wanted to challenge you as you were considered the best.

Jenna Mellor, my angel, was murdered by her babysitter...Because of you I have to after 14 long painful years exhume Jenna to have her made whole...

What did I ever do to you? What did any of us do to you? You took it upon yourself to destroy my life. Perhaps you don't realize but by destroying my life you destroyed my children too. You also destroyed my mother who never got to see the real killer caught. She died in 2000.

You show no remorse for what you have done. During the inquiry you gave an empty apology to us your victims, you have no idea of how we felt, nor do you care.

Justine, my oldest daughter, was sent away to live with strangers for 2 long years. This was two years of her life that we can never get back...(Her son) he also lived without his mother for the first 10 months of his life. He lived with his father and grandparents.

You cannot understand the name you have labeled us with. We were known as child killers in our communities. You have no idea how that feels. You have no idea how it feels to go in public and be embarrassed to say your name. You have no idea what it is like to walk down a street and be called a child killer. You have no idea what it is like to live in poverty because now I cannot get work because I have been labeled a child killer. You have no idea what it is like not to be able to participate in your children's school trips because you have been called a child killer. You have no idea what it is like for your children to have no friends because their parent has been called a child killer.

Truthfully Dr. Smith, i don't think you really care. I don't see you shedding any tears for us, your victims. The College cannot punish you enough for what you have done."

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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