"(Brenda Waudby's) release goes on to state that," The Peterborough Lakefield Community Police Service suggested “the civil action against the Peterborough Lakefield Community Police Service is being dismissed with no payment or admission of liability”. It is common practice in civil matters for defendants to settle without an admission of liability. It is also common practice for various defendants to contribute to a single lump sum settlement. Brenda is prohibited from commenting further.
For the Peterborough Lakefield Community Police Service to suggest that it has been absolved of any wrong-doing as a result of the settlement of the civil matter is not accurate. The civil settlement is a private agreement reached between the parties to that lawsuit."
REPORTER LAUREN GILCHRIST: PETERBOROUGH THIS WEEK.
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PUBLISHER'S VIEW: It is indeed comical to see the Peterborough Lakefield force rely on a technicality (the manner in which lawsuits involving several defendants are settled) to claim that it has been absoLved of wrong-doing. It is even more comical to learn that the force is seeking sympathy for the traumatization its officers suffered. Oooops. I guess I got it wrong. I thought it was Brenda Waudby who was wrongly charged with murdering her daughter. One of the ugliest moments in this extremely sad experience was when the force dismissed a complaint Brenda Waudby filed against its officers on the basis that it had been filed too late. For shame.
HAROLD LEVY; PUBLISHER. THE CHARLES SMITH BLOG.
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"(PETERBOROUGH) Brenda Wauby is disappointed with the Peterborough-Lakefield Community Police Service for commenting on the details of her civil law suit," the Peterborough This Week story by reporter Lauren Gilchrist published earlier today under the heading, "Waudby disappointed with Peterborough police", begins.
"On Thursday (Aug. 18) the Peterborough-Lakefield Community Police Service sent out a press release stating that a civil law suit brought forward by Ms Waudby against the Peterborough-Lakefield Community Police Service, the police services board, and the investigators involved was dismissed," the story continues.
"The release from police stated that police confirmed with their legal counsel that a settlement related to Ms Waudby’s civil action was reached, but the portion of the suit naming the Peterborough-Lakefield police service, the police services board, and the investigators involved has been dismissed with no payment or admission of liability.
This Week first reported on July 22 that Ms Waudby had settled a long-standing lawsuit with the Peterborough police and cashed a cheque from the Province in February as part of her compensation through the Goudge Inquiry into cases influenced by now disgraced pathologist Charles Smith. A confidentiality agreement means the amount settled will not be made public.
Sergeant Dan Smith told This Week on Thursday that were many people named in that lawsuit.
“We can’t speak to the others, we can only speak for ourselves,” he explained
“We’ve been told that a settlement has been reached. Part of that settlement is that the action has been dismissed against our service, the board, and the officers involved with no payment or admission of liability. There are other people listed in that suit.”
Ms Waudby's release, sent out from her local lawyer Julie Kirkpatrick, states that Ms Waudby signed a confidentiality agreement in connection with the settlement of the civil action.
"She cannot comment on the details of the settlement, such as which defendants paid or didn’t pay, nor can she comment on the quantum of payment to her. She feels it is inappropriate for the Peterborough Lakefield Community Police Service to be making such comments," states Ms Kirkpatrick, in the release.
The release goes on to state that," The Peterborough Lakefield Community Police Service suggested “the civil action against the Peterborough Lakefield Community Police Service is being dismissed with no payment or admission of liability”. It is common practice in civil matters for defendants to settle without an admission of liability. It is also common practice for various defendants to contribute to a single lump sum settlement. Brenda is prohibited from commenting further.
For the Peterborough Lakefield Community Police Service to suggest that it has been absolved of any wrong-doing as a result of the settlement of the civil matter is not accurate. The civil settlement is a private agreement reached between the parties to that lawsuit.
Ms. Waudby has been permitted to appeal her conviction for child abuse and the appeal proceedings remains before the Superior Court of Justice in Peterborough. The appeal concerns several issues involving the investigation and prosecution of her, as set out in a lengthy affidavit filed in those proceedings.
Finally Ms. Waudby is deeply offended by the suggestion by the Peterborough Lakefield Community Police Service that a civil settlement will bring “closure” and that this matter has been “very traumatizing…for the officers involved in the investigation”
Ms. Waudby states that she will only have closure when the circumstances surrounding her child abuse conviction are acknowledged and it is set aside as a miscarriage of justice, and when she is finally able to bury Jenna’s ribcage at the conclusion of all legal proceedings. Ms. Waudby’s appeal is ongoing and will be before the courts in the coming months."
In 1997 Ms Waudby was wrongfully accused of murdering her 21-month-old daughter Jenna Mellor in their Mountain Ash Road home. That second-degree murder charge was dropped in 1999. But it wasn’t until 2006, nearly 10 years after the crime, that Jenna’s babysitter confessed, pleading guilty to manslaughter. The 14-year-old male babysitter had poked and punched her for several hours. He was angry that his mom had volunteered him to work that night.
He served 22 months in jail and 11 months house arrest, the maximum sentence for manslaughter under the Youth Criminal Justice Act, and has since been released. The killer, who is now in his late twenties, can’t be publicly identified because he was a minor when the crime took place."
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The story can be found at:
http://www.mykawartha.com/news/article/1059519--waudby-disappointed-with-peterborough-police
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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
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
