"To be put in a position of accepting a plea bargain or standing trial with the chances of not only going to prison, but losing custody of Saurob, was more than my wife or I could bear. I worried what would happen to my young son and my wife who suffered so much already. She may never recover from the loss of another child. I have wrestled with that decision all these years but without knowing the language or understanding the criminal justice system I had no choice but to accept.
I continued to work providing for my family, but my wife and I who longed to have more children decided against it because we could no longer trust that this horror would not be repeated..."
VICTIM IMPACT STATEMENT; DINESH KUMAR;
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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: Dinesh Kumar was exonerated on January 11, 2011 - even though he had pleaded guilty in 1992 to criminal negligence causing his son Gaurov's death in order to avoid a murder conviction at the hands of the then revered Dr. Charles Randal Smith. The Crown joined with defence counsel in seeking the quashing of that conviction and a verdict of acquittal. This Blog ran a series of nine posts in May and June 2008 to highlight this tragic, disturbing case and see what could be learned from it. Justice was delayed so long for Mr. Kumar and his family. (Almost twenty years); They should have been treated with sympathy as mourning parents. Instead they were thrust into a hellish existence after Dr. Charles Smith became involved in their lives. Indeed, Justice Marc Rosenberg acknowledged the "terrible toll" the ordeal had exacted on Mr. Kumar and his family over almost twenty years - and said the Court understood why Mr. Kumar had felt compelled to plead guilty to a criminal offence he had not committed. The Court accepted the fresh evidence, quashed the conviction and entered an acquittal. The written decision has been published in full on the Charles Smith Blog. Along with Smith's all too many other victims Mr. Kumar and his family deserved much better from our criminal justice system. I wish them well.
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VICTIM IMPACT STATEMENT: DINESH KUMAR;
"My wife and I considered ourselves fortunate, from not only, finding employment and housing in a new country with our young son Saurob. But God's blessings seemed unending when we welcomed our new son, Gaurov, into the family," the statement begins.
"Our joy was only diminished by my wife's ill health but I was determined that my family would be well looked after both by my efforts and the expertise and excellent care of her doctors," it continues.
"Little could have prepared us for the unexpected and tragic death of our tiny son, but to be accused and charged with his death was horrifying and shocking. I was and remain a loving and caring father.
To be put in a position of accepting a plea bargain or standing trial with the chances of not only going to prison, but losing custody of Saurob, was more than my wife or I could bear. I worried what would happen to my young son and my wife who suffered so much already. She may never recover from the loss of another child. I have wrestled with that decision all these years but without knowing the language or understanding the criminal justice system I had no choice but to accept.
I continued to work providing for my family, but my wife and I who longed to have more children decided against it because we could no longer trust that this horror would not be repeated.
We had support but there was always the whispers and finger pointing. Some believed that I had killed my son which has saddened me and made me long for them to know the truth. And finally after 18 years the truth is known but the cost of its revelation was astronomical.
My wife suffers from deep depression never fully having accepted Gaurov's death. I carry a photo of Gaurov with me always. I wanted Saurob and Gaurov to grow up together, learn from one another and share there experiences both good and bad. My wife and I are proud of Saurob and are grateful for his love and unwavering support and belief in us.
I hope that anyone who has been falsely accused of such an unspeakable crime will be vindicated and have faith in knowing that others such as my wife and I understand their anguish and pain."
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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
