Bulletin: John Salmon: Ontario: What the news media seem to have omitted in their coverage of this extraordinary manslaughter acquittal 45 years after the pathologist who conducted the autopsy had got it so terribly wrong: The Contario Court of Appeal's apology to John Salmon: "...we wish to express the Court’s great regret that as a result of the comprehensive and unanimous medical evidence now before us it is clear that Mr. Salmon was wrongly convicted and spent more than three years in a penitentiary.“ (It's heartening to see such a powerful expression of regret by the highest court in Ontario. HL);

The appellant was convicted of manslaughter in the death of his common-law wife, Maxime Ditchfield. Ms. Ditchfield died on September 22, 1970. Following a jury trial, the appellant was convicted of manslaughter on March 5, 1971. He was sentenced to ten years’ imprisonment. He served three years and four months of this sentence and was paroled in July 1974.........The appellant always maintained his innocence. In 2000, he contacted his present counsel, James Lockyer. Commencing in 2002, Mr. Lockyer retained the services of two forensic pathologists and a forensic neuropathologist to review Ms. Ditchfield’s death. Their unanimous opinion was that she died of natural causes after a fall or series of falls. This contradicted the opinion, and testimony at the trial in 1971, of the pathologist who conducted the autopsy on Ms. Ditchfield’s body. He testified that “it takes considerable force” to cause the type of brain injuries suffered by Ms. Ditchfield. There is no doubt that his testimony was central to the appellant’s conviction..........In preparing for the appeal, the Crown retained the services of a clinical neuropathologist. Like the appellant’s experts, the Crown expert did not agree with the opinion of the doctor who conducted the autopsy to the effect that Ms. Ditchfield’s death was likely caused by blunt force trauma to the head. Instead, the Crown expert’s opinion is that the nature of Ms. Ditchfield’s injuries was not caused by blunt force or violence; rather the injuries were consistent with a fall or series of falls.........We have reviewed the entire record, including the four medical reports. We agree that they should be admitted as fresh evidence and that they are dispositive of the appeal.........The appeal is allowed, the conviction for manslaughter is set aside, and Mr. Salmon is acquitted of the offence of manslaughter.........First, in allowing the appeal, we wish to express the Court’s great regret that as a result of the comprehensive and unanimous medical evidence now before us it is clear that Mr. Salmon was wrongly convicted and spent more than three years in a penitentiary.“J.C. MacPherson J.A.”“Janet Simmons J.A.”;“H.S. LaForme J.A.” The entire judgment can be found at:
http://www.ontariocourts.ca/decisions/2015/2015ONCA0469.htm