"Kirkpatrick and Crown attorney Alison Wheeler were granted an adjournment for a pretrial Oct.19.
During that date, Kirkpatrick will be asking a judge to allow Waudby to present documents from the Goudge inquiry, a provincial inquiry that looked into Smith's handling of Waudby's case and many others, that may be relevant to her current appeal.
Waudby is bound by an undertaking not to disclose information from the inquiry that was not made public during the process.
"There are documents that were not made public as part of the Goudge inquiry that may be relevant to these proceedings," Kirkpatrick said. "Brenda is in possession of documents that she can't bring to the court without being relieved of that undertaking.""
REPORTER GALEN EAGLE; 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 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.
HAROLD LEVY; PUBLISHER; THE CHARLES SMITH BLOG.
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"Brenda Waudby will present new evidence in her fight to clear her name from a 12-year-old child abuse conviction, her lawyer said Monday," the Peterborough Examiner story by reporter Galen Eagle published on August 29, 2011 under the heading, "New evidence in Waudby case: lawyer: Child abuse appeal pretrial on Oct. 19," begins.
""It's new evidence on the appeal that was not part of the proceedings in 1999," lawyer Julie Kirkpatrick said," the story continues.
"Waudby is appealing a June 11, 1999 child abuse conviction under the Provincial Offences Act after the Crown opened the door for the appeal last December.
Waudby has been fighting to clear her name for more than 12 years. She was falsely accused and charged with murdering her daughter Jenna Mellor in 1997.
The charge, which was later withdrawn, was laid based on the erroneous findings of the now-disgraced Ontario pathologist Dr. Charles Smith.
Waudby appeared briefly in Peterborough's Superior Court of Justice Monday.
Kirkpatrick and Crown attorney Alison Wheeler were granted an adjournment for a pretrial Oct.19.
During that date, Kirkpatrick will be asking a judge to allow Waudby to present documents from the Goudge inquiry, a provincial inquiry that looked into Smith's handling of Waudby's case and many others, that may be relevant to her current appeal.
Waudby is bound by an undertaking not to disclose information from the inquiry that was not made public during the process.
"There are documents that were not made public as part of the Goudge inquiry that may be relevant to these proceedings," Kirkpatrick said. "Brenda is in possession of documents that she can't bring to the court without being relieved of that undertaking."
In a sworn affidavit filed with the Superior Court of Justice, Waudby alleges she was bullied by the Crown attorney, police and the Kawartha-Haliburton Children's Aid Society into falsely confessing to abusing Jenna."
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The story can be found at:
http://www.thepeterboroughexaminer.com/ArticleDisplay.aspx?e=3277473
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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://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
