""Madam Justice Michelle Fuerst ordered that Waudby's lawyer Julie Kirkpatrick is allowed to forward copies of interviews prepared during the Goudge Inquiry to three people interviewed during that inquiry. They include former Crown attorney Brian Gilkinson and Waudby's former lawyer James Hauraney.
The documents were protected by a ban during the Goudge Inquiry, which examined the work of disgraced pathologist Dr. Charles Smith."
REMINDER: Association in the Defence of the wrongly Convicted colloquium "Injustice Speaks"; Friday October 28, 2011;
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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's attempts to get a child abuse conviction overturned continues to move forward in incremental steps," the Peterborough Examiner story by reporter Sarah Deeth published earlier today under the heading, "Waudby takes another step to clear her name," begins.
"Her case was spoken to in a Newmarket courtroom Wednesday morning," the story continues.
"Madam Justice Michelle Fuerst ordered that Waudby's lawyer Julie Kirkpatrick is allowed to forward copies of interviews prepared during the Goudge Inquiry to three people interviewed during that inquiry. They include former Crown attorney Brian Gilkinson and Waudby's former lawyer James Hauraney.
The documents were protected by a ban during the Goudge Inquiry, which examined the work of disgraced pathologist Dr. Charles Smith.
Smith erroneously stated that Waudby's daughter, 21-month-old Jenna Mellor, received her fatal injuries while in Waudby's care.
That finding pointed police investigators in Waudby's direction, who charged her with Jenna's murder in 1997.
That charge was withdrawn in 1999, weeks after Waudby pleaded guilty to a charge of child abuse.
Waudby has since claimed she was coerced into pleading guilty to that charge.
Waudby learned of the interviews following the inquiry and has argued that they hold new evidence that prove her innocence.
Giving Kirkpatrick permission to forward the documents could help put the documents into the hands of Crown attorney Alison Wheeler, who told The Examiner Oct. 19 that the appeal couldn't move forward until she had seen them.
Jenna's babysitter, 14 at the time of the killing, eventually pleaded guilty to manslaughter.
The case will be addressed in court again Nov. 29 in Newmarket."
The story can be found at:
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;
