Tuesday, June 18, 2013

Colin Matchim. Newfoundland; Extraordinary case; He was permitted to offer new evidence about "shaken baby syndrome" after conviction - but before being sentenced. Application to re-open the case continues in Supreme Court tomorrow (Wednesday June 19, 2013);

STORY: "Matchim assault trial may be re-opened," published by VOCM on June 18, 2013.

GIST: "Lawyers made final submissions to re-open the Colin Matchim aggravated assault trial today at Supreme Court. Matchim was convicted of shaking his infant child in 2011. Colin Matchim's defence wants Justice Wayne Dymond to either allow new evidence which they believe could acquit Matchim of aggravated assault, changing the outcome of his 2011 trial, or declare a mistrial. A defence witness told the court that shaking may not be the only cause for Matchim's daughte's injuries, while the Crown maintains that trauma is likely the leading cause. Justice Dymond noted that Matchim's is an extraordinary case, even to consider allowing new evidence after a conviction has been entered."

The case will be called at Supreme Court again tomorrow.


CBC story:  "Matchim has already been found guilty of shaking his three-and-a-half-month-old daughter in March 2009, causing brain damage. On Tuesday, Matchim's lawyer, Erin Breen said Dymond should consider the new defence evidence because it might impact the earlier finding of guilt. The defence called expert medical witnesses who said there could have been an underlying medical condition that caused the baby's bleeding on the brain. The Crown also called expert witnesses who said the trauma of being shaken likely caused the injuries. Crown prosecutor Phil LeFeuvre said the new medical evidence is not strong enough to re-open the case. Several doctors from the Janeway hospital testified in court that the child was a victim of shaken-baby syndrome.
Matchim had also confessed to shaking the infant. But during the trial he recanted, saying he was told that if he didn't admit doing it, the finger would be pointed at his former partner - the baby's mother - and neither would get custody of the baby."



Dear reader: Keep your eye on the Charles Smith Blog. We are following developments relating to this case;

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Harold Levy: Publisher; The Charles Smith Blog.