Book Review Series (Part 2): (Shaken baby syndrome): UK: Review: 'Guilty Until Proven Innocent' by Jon Robins: Reviewed by Suzanne Gower of the Centre for Criminal Appeals; Chapter on shaken baby syndrome singled out by the reviewer..."Guilty Until Proven Innocent is an important book which deserves to be widely read, particularly by those who have the power to bring about the urgent change which is so badly needed to the way that miscarriages of justice are dealt with in this country." (UK);
PUBLISHER'S NOTE: In the roughly 10 years since I began
publishing The Charles Smith Blog some of the issues I have explored -
as well as some of the cases I have been following - have become the
subject matter of books. This prompted me recently - as I searched
anxiously for ways of keeping me occupied during the languid summer
hours - other than sitting on the patio, drinking a cool glass of white
wine, and reading the latest Steven King - it occurred to me that a book
review series based in my previous posts from the outset of the Blog
would be just what the pathologist ordered. I would invite my readers to
offer me their own suggestions for inclusion by email to
hlevy15@gmail.com. Have a great summer.
PASSAGE OF THE DAY: "The other chapter which was of
particular interest to us was that which considered the issue of ‘Shaken
Baby Syndrome’ or ‘Abusive Head Trauma’ as it is now often categorised.
As Robins contests, there is no other area where people are convicted
of a serious crime solely on the basis of a doctor’s diagnosis – not of a
medical condition but of a criminal offence. The doctors who give
evidence in such cases are making highly technical arguments relating to
the field of paediatric neuropathology to judges and juries with no
other evidence to corroborate it. This diagnosis is then used to prove
not only “the mechanism of death but also the intent to harm and the
identity of the killer.” If this in itself were not sufficient cause
for concern, then add in the other side of the debate: namely, the
admittedly much smaller number of scientists who, having queried the
scientific validity of the diagnosis, have been actively pursued by the
authorities with express purpose of preventing them from giving evidence
for the defence. The persecution of Dr Waney Squiers is explored at
length in the book and the reader is left with a clear view of the
perfect storm of conditions which are currently generating miscarriages
of justice in this area of “science”.
BOOK REVIEW:"Guilty Until Proven Innocent," by Jon Robins, reviewed by Suzanne Gower, Centre for Criminal Appeals on June 25, 2018. ( In the Centre's own words: "Our lawyers represent the victims of miscarriages of justice arising
from the courts of England and Wales. As a charity, we only represent
people who cannot afford to pay for a lawyer. We also litigate for open
justice and increased accountability in our justice system. We are
supported in this work by the best barristers in the country, largely
working pro bono who appear for the prisoners we represent in court."
GIST: "It
seems fitting that Jon Robin’s book was published in the same week that
the death of the indefatigable journalist and campaigner Bob Woffinden
was announced. With this book Robins capably carries on the tradition of
impassioned campaigning journalism on behalf of people who have had
their lives torn apart by miscarriages of justice. One of the key
themes of the book is Robin’s exploration of the horrendous impact of
wrongful convictions, not just on those convicted, but also on their
wider circle of family and friends. Perhaps the starkest example is that
of Sam Hallam’s father, driven to suicide whilst his son was unjustly
imprisoned. But a recurring theme throughout the book is the importance
of the love and support of friends and family to surviving injustice,
and the depths of despair to which all concerned are taken in their
difficult journey. It is to be hoped that this book will provide
inspiration to the hundreds of families who find themselves in this
situation. Guilty Until Proven Innocent provides an
important historical context to recent high-profile cases such as that
of Liam Allan which have brought to light the massive problems created
by the current provisions for disclosure in criminal cases. Jon Robins
demonstrates clearly that whilst, doubtless, the criminal justice system
is desperately underfunded and in need of urgent, significant
investment, that alone would not come close to remedying those problems
which have created the miscarriages of justice cases covered within this
book. The structural problems with the Appeals system, including the
seemingly dysfunctional relationship between the CCRC and the Court of
Appeal, are long-standing and require a radical approach to address. I
was especially interested in the chapters that dealt with areas of
particular concern to those of us at the Centre for Criminal Appeals. We
currently receive more letters from prisoners convicted of historic sex
offences than all other offence types put together. Nearly all of these
letters come from elderly men with no previous convictions who now find
themselves imprisoned on the basis of nothing more than the word of
their accusers. When the accusations concern events of two, three or
even four decades earlier, there is no expectation of there being any
corroborative evidence, and the system allows juries to convict “beyond
all reasonable doubt” solely on the basis of one person’s word. Any
proven discrepancies in the complainants’ accounts are dismissed as due
to the natural frailty of human memory. How can you begin to defend
yourself in such circumstances? These men truly are considered guilty
until proved innocent. Our problem, faced by all appeal lawyers in such
cases, is how to generate fresh evidence in a 40-year-old case. In the
vast majority it is simply not possible – witnesses have moved away or
died; memories have faded; records have been lost or destroyed; even the
buildings where the events are alleged to have taken place may have
been significantly altered or knocked down. If there is no prospect of
finding fresh evidence then we cannot help these people, no matter how
desperately sorry we might feel for them or how inadequate we consider
the protections that the criminal justice system has offered them. These
cases trouble us greatly and it is important that Jon Robins has shone a
light on them in this book. The other chapter which was of
particular interest to us was that which considered the issue of ‘Shaken
Baby Syndrome’ or ‘Abusive Head Trauma’ as it is now often categorised.
As Robins contests, there is no other area where people are convicted
of a serious crime solely on the basis of a doctor’s diagnosis – not of a
medical condition but of a criminal offence. The doctors who give
evidence in such cases are making highly technical arguments relating to
the field of paediatric neuropathology to judges and juries with no
other evidence to corroborate it. This diagnosis is then used to prove
not only “the mechanism of death but also the intent to harm and the
identity of the killer.” If this in itself were not sufficient cause
for concern, then add in the other side of the debate: namely, the
admittedly much smaller number of scientists who, having queried the
scientific validity of the diagnosis, have been actively pursued by the
authorities with express purpose of preventing them from giving evidence
for the defence. The persecution of Dr Waney Squiers is explored at
length in the book and the reader is left with a clear view of the
perfect storm of conditions which are currently generating miscarriages
of justice in this area of “science”. Guilty Until Proven Innocent
is an important book which deserves to be widely read, particularly by
those who have the power to bring about the urgent change which is so
badly needed to the way that miscarriages of justice are dealt with in
this country."
For purchasing go to Biteback Publishing site at the link below: "Whenever a miscarriage of justice hits the headlines, it is tempting
to dismiss it as an anomaly – a minor hiccup in an otherwise healthy
judicial system. Yet the cases of injustice that feature in this book
reveal that they are not just minor hiccups, but symptoms of a chronic
illness plaguing the British legal system. Massive underfunding, catastrophic failures in policing and shoddy
legal representation have all contributed to a deepening crisis – one
that the watchdog set up for the very purpose of investigating
miscarriages of justice has done precious little to remedy. Indeed,
little has changed since the ‘bad old days’ of the Guildford Four and
Birmingham Six. Award winning journalist Jon Robins lifts the lid on Britain’s legal
scandals and exposes the disturbing complacency that has led to many
innocent people being deemed guilty, either in the eyes of the law or in
the court of public opinion."
PUBLISHER'S
NOTE: I am monitoring this case/issue. Keep your eye on the Charles
Smith Blog for reports on developments. 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 Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;
Two Blogs Now: The Charles Smith Blog; The Selfless Warriors Blog: I created the Charles Smith Blog in 2007 after I retired from The Toronto Star to permit me to keep digging into the story of the flawed pathologist and the harm he had done to so many innocent parents and caregivers, and to Ontario’s criminal justice system. Since then it has taken new directions, including examinations of other flawed pathologists, flawed pathology, and flawed science and technology which has marred the quality of justice in courtrooms around the world. The heart of the Blog is my approach to following cases which raise issues in all of these areas - especially those involving the death penalty. I have dedicated 'The Selfless Warrior Blog’ (soon to appear) to those exceptional individuals who have been ripped out of their ordinary lives by their inability to stand by in the face of a glaring miscarriage of justice. They are my ’Selfless Warriors.’ Enjoy!