COMMENTARY: "If Colin Winchester's death awaits justice, it is because of an inadequate investigation," by Jack Waterford, Editor-at-large of the Canberra Times, published on June 3, 2014.
GIST: "We
now know that the warnings, which were effectively ignored, were
justified. If the witness did the tests he claimed, he failed to
properly document or record them, and, in some cases, it appears
impossible that he could have found what he says he did. In any event,
many of his experiments destroyed the samples being used, so were not
reproducible by outsiders. Nor was there any process of proper peer or
external review of what he was doing. There was also evidence of the
mixing up of exhibits, including ones from different crime scenes. One
simply cannot say that the rejection of such evidence, or that doing so
left a gaping hole in the prosecution case, was some sort of
technicality. It was a fundamental flaw, one of which would have been
clear to a more competent, and perhaps less zealous, investigation. Nor
can one suggest that Eastman should be free today because of something
only just found out. The risks and gaps were there before the
prosecution, and the failure to see their significance, or to act on
them, might be described as a matter of the forensic choice of the
prosecution. If the consequence is that a possibly guilty man is walking
free, that is not a consequence of his cleverness, or some quirk in the
system, but of serious deficiency in the investigation, in the
prosecution, in the conduct of the trial, in the way the appeals system
so often fails, and in the failure of police to maintain an open mind,
even after a verdict.........It is better, as they say, that
guilty men walk free than that innocent people rot in prison. It is a
matter that many ought to ponder that our system will let a man whose
guilt has not been proved rot in jail for 20 years before a proper
re-examination of the case. For that, perhaps, we are all a little
guilty. A worry too that there appears already to be the gathering of
some sort of lynch party to override the verdict, or to make a
reintegration of Eastman into society impossible. That's a risk some
politicians are already pandering to by suggestions that a pardon will
not be contemplated."
http://www.theage.com.au/comment/if-colin-winchesters-death-awaits-justice-it-is-because-of-an-inadequate-investigation-20140603-zrwoa.html
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
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/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
I look forward to hearing from readers at:
hlevy15@gmail.com.
Harold Levy: Publisher; The Charles Smith Blog;