RICHARD BRANT: NATIONAL POST'S LINDA NGUYEN: SMITH WAS "ABSOLUTELY CONVINCED" DUSTIN DIED FROM SHAKEN BABY SYNDROME;

"Outside the court, Brant said he'd like Smith to understand all he has endured in the last 18 years.

"I don't think of him at all but if there was to be anything, I think he needs to go to jail for a little while to see what he put a lot of people through," he said. "He ruined a lot of people's lives. I think he needs to see what it's like inside jail."

Much of the Crown's case was based on Smith's report that he was "absolutely convinced" Dustin died from "shaken baby syndrome."

In arriving at this finding, Smith had dismissed a report by another pathologist who had performed the autopsy and found that the baby more likely died from pneumonia and respiratory failure brought on by a pre-existing condition from birth.

In 2005, four European pathologists and a biomedical engineer reexamined the medical reports and determined Dustin died from natural causes.

They also took into account that Smith was unable to examine the baby's brain — a vital component of his investigation — for his conclusions because proper protocols were not followed at the coroner's office. The brain had been accidentally placed in water the week before and had deteriorated.

In an affidavit read out in court, Brant said he has always maintained his innocence but was told by his lawyer that Smith was a "king in his field" and that challenging his conclusions was next to impossible........."

REPORTER LINDA NGUYEN. THE NATIONAL POST;

REMINDER: Julian Sher's documentary on Brenda Waudby - "A Mother's Ordeal" - will be aired on Friday May 6, 2011, on Global TV. 10PM (9PM Manitoba/Sask.)

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"TORONTO — A man who pleaded guilty in the death of his infant son nearly two decades ago after he was pressured by erroneous evidence from disgraced pathologist Charles Smith was acquitted Wednesday by Ontario's highest court," the National Post story by reporter Linda Nguyen published earlier today under the heading, "Another conviction based on disgraced pathologist's testimony overturned," begins.

""I can hold my head up high. No more doubts. No more thoughts," said 38-year-old Richard Brant following the decision of the Ontario Court of Appeal. "It's all over," the story continues.

"In 1993, Brant was charged with manslaughter after his two-month-old son, Dustin, died while the two were out for a walk in Belleville, Ont., just east of Toronto.

"At the time, Brant faced a possible six-year sentence upon conviction so his lawyer encouraged the then-19-year-old to plead guilty to the lesser charge of aggravated assault and serve a six-month jail sentence.

"I was questioning over and over again if there was any possible chance (I killed Dustin)," said Brant, who is now a truck driver with two daughters living outside of Moncton, N.B. "Like I said, it wasn't good. It ruined me."

Outside the court, Brant said he'd like Smith to understand all he has endured in the last 18 years.

"I don't think of him at all but if there was to be anything, I think he needs to go to jail for a little while to see what he put a lot of people through," he said. "He ruined a lot of people's lives. I think he needs to see what it's like inside jail."

Much of the Crown's case was based on Smith's report that he was "absolutely convinced" Dustin died from "shaken baby syndrome."

In arriving at this finding, Smith had dismissed a report by another pathologist who had performed the autopsy and found that the baby more likely died from pneumonia and respiratory failure brought on by a pre-existing condition from birth.

In 2005, four European pathologists and a biomedical engineer reexamined the medical reports and determined Dustin died from natural causes.

They also took into account that Smith was unable to examine the baby's brain — a vital component of his investigation — for his conclusions because proper protocols were not followed at the coroner's office. The brain had been accidentally placed in water the week before and had deteriorated.

In an affidavit read out in court, Brant said he has always maintained his innocence but was told by his lawyer that Smith was a "king in his field" and that challenging his conclusions was next to impossible.

Throughout the hour-long submissions, Brant hung his head, while his ex-wife Mary Farrell, openly wept along with her sister and a friend.

"We know this has been a terrible ordeal for you two," said Ontario Justice Marc Rosenberg, adding that this case was an example of a "miscarriage of justice."

Dustin's mother said the two had been a loving young couple when they were ripped apart by the allegations. The couple broke up shortly after the baby's death.

" . . . I knew he was innocent from Day 1 and I knew they had destroyed our lives, our family and our relationships," said 40-year-old Mary Farrell.

Brant will be seeking compensation.

James Lockyer of the Association in Defence of the Wrongly Convicted who has represented a number of people sent to jail or accused in the deaths of their children based on Smith's testimony is still working on appeals for five cases similar to Brant's.

During the 1980s and '90s, Smith was regarded as the leading expert in the field of child pathology. He testified at hundreds of cases without any formal accreditation in forensic pathology or formal training.

In 2007, the Ontario chief coroner launched a two-year probe into Smith's work and found major problems with 20 of the 44 autopsies the former doctor performed. Twelve of those cases had resulted in charges or convictions.

Earlier this year, Ontario's medical regulatory body handed down its harshest sentence by stripping Smith of his medical license. He was also fined $3,650.

Smith, who is reportedly living in Victoria, was ordered to appear for his reprimand but he did not show up."

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The story can be found at:

http://www.montrealgazette.com/news/Another+conviction+bas
ed+disgraced+pathologist+testimony+overturned/4725783/story.html

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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 found 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://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;