UP-DATE; ONE YEAR AFTER RELEASE OF GOUDGE REPORT; MAURICE GAGNON'S REQUEST FOR INFORMATION ON COMPENSATION MET BY WALL OF SILENCE FROM GOVERNMENT;

"WHILE THE PARTICULAR RECOMMENDATION ABOUT COMPENSATION MAY HAVE COME OUT OF THE GOUDGE INQUIRY, ADDRESSING THAT RECOMMENDATION IS AN UNDERTAKING OF THE MINISTRY OF THE ATTORNEY GENERAL. AS SUCH, I AM NOT IN A POSITION TO ADDRESS YOUR REQUEST. NEVERTHELESS, I HAVE TAKEN THE LIBERTY OF FORWARDING YOUR CORRESPONDENCE TO THE HONOURABLE CHRIS BRADLEY, ATTORNEY GENERAL, SO THAT HE MAY BE AWARE OF YOUR COMMENTS. I TRUST THE ATTORNEY GENERAL WILL GIVE CONSIDERATION TO THE CONCERNS YOU ADDRESS."

THE HONOURABLE RICK BARTOLUCCI; MINISTER OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES (FORMERLY CALLED MINISTRY OF THE SOLICITOR GENERAL) IN LETTER TO MAURICE GAGNON;

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As noted in a recent post, Maurice Gagnon's requests to the Ontario government for information about the compensation process it has pledged to set up for Dr. Charles Smith's victims have been met by a wall of silence.

This must be particularly disturbing to Maurice Gagnon who fought for years to expose Dr. Smith's nefarious involvement in his daughter's case - and who was brushed off time after time by the Chief Coroner - and even the Solicitor General of the time.

As Commissioner Stephen Goudge noted in his report, after Maurice Gagnon filed a 20-page complaint against Smith with the Coroner's Council, "Indeed, there is no evidence that Dr. (James) Young (then Chief Coroner of Ontario) took any measures to investigate the details of Mr. Gagnon's concerns about Dr. Smith's practices in Nicholas' case."

(There was evidence that Dr. Young actively tried to thwart complaints that Mr. Gagnon and two other complainants had attempted to launch against Smith with the Ontario College of Physicians and Surgeons.)

Goudge also noted in his report that Maurice Gagnon's complaint about Smith to the Solicitor General - the same Ministry that has sluffed off his inquiries about compensation - was dismissed in a reply drafted by Young, who also held the position of assistant deputy minister of public safety.

Justice Goudge unequivocally ruled that: "The Solicitor General's response to Mr. Gagnon's complaint, drafted by Dr. Young, was substantively inaccurate."

And now the current "Solicitor General" has passed the buck on Maurice Gagnon's incredibly polite, measured and sincere inquiry about compensation to Attorney General Chris Bradley who has thus far remained silent - and Maurice Gagnon must indeed wonder if anything has changed in the year since Justice Goudge released his report.

Here is the correspondence between Maurice Gagnon and Rick Bartolucci, MPP Sudbury, who is head of the the renamed Ministry of the Solicitor General - Ministry of Community Safety and Correctional Services, commencing with Gagnon's letter dated 23 April, 2009,

"Dear Rick; RE: Goudge Inquiry Report/Compensation;

Ours is one the many families victimized by the reckless and malicious actions of pathologist Charles Smith and your Office of the Chief Coroner, in their investigation of pediatric deaths, including our Nicholas.

Judge Goudge presented his findings some seven (7) months ago. In keeping with an Inquiry recommendation, the Attorney General appointed a three person committee (December 2008), headed by retired Judge Coulter Osborne, to explore compensation for the acknowledged victims.

This initiative by the Government gave everyone a guarded sense of optimism that justice would finally be served. However, it has been over four months since this appointment, without a single word from the compensation committee or the AG. Optimism has been tempered with justifiable apprehension.

Could you provide an update on the status of the compensation committee’s work, when it may be reporting recommendations to the AG, and, finally, when can we (the victims) expect to be contacted, or at least apprised of a time frame for resolution.

Sincerely: Maurice Gagnon;

Here is Bartolucci's response to Maurice Gagnon, dated June 1, 2009:

"Response from Rick Bartolluci; MPP Sudbury Ministry of Correctional Safety and Community Services.

Dear Mr. Gagnon.

Thank you for your letter of April 23, 2009, requesting an update on the status of proposed compensation for families who were victimized as a result of the actions of Dr. Charles Smith. I am pleased to respond.

I appreciate your bringing this to my attention, however, as you state in your letter. the compensation package is being formulated by the committee appointed by the Attorney General. While the particular recommendation about compensation may have come out of the Goudge Inquiry, addressing that recommendation is an undertaking of the Ministry of the Attorney General. As such, I am not in a position to address your request. Nevertheless, I have taken the liberty of forwarding your correspondence to the Honourable Chris Bradley, Attorney General, so that he may be aware of your comments. I trust the Attorney General will give consideration to the concerns you address.

Again, thank you for writing; Sincerely. Rick Bartolucci;

Maurice Gagnon informed the writer earlier today that he has neither heard from Attorney General Bradley, or from Premier Dalton McGuinty, to whom he sent a similar letter.

Premier McGuinty has already played an important public role in coming to grips with the enormous mess left by Dr. Charles Smith and his superiors in the Coroner's Office by calling for the public inquiry and appointing Justice Goudge as Commissioner.

He can now perform another important role by intervening on behalf of Dr. Smith's many victims and ordering his ministers to commence the compensation process without delay - in a clear and public manner.

Harold Levy...hlevy15@gmail.com;

UP-DATE: CHARLES SMITH; ONE YEAR LATER; WHERE IS THE PROMISED COMPENSATION? A SUDBURY FAMILY ASKS; ONTARIO GOVERNMENT PUT ON THE SPOT...

span style="font-style:italic;">

"GAGNON WROTE A LETTER TO THE GOVERNMENT BACK IN APRIL ASKING FOR AN UPDATE ON THE STATUS OF THE COMPENSATION COMMITTEE'S WORK.

HE WROTE THE FORMATION OF THE COMMITTEE "GAVE EVERYONE A GUARDED SENSE OF OPTIMISM THAT JUSTICE WOULD FINALLY BE SERVED."

HE ADDED, HOWEVER, THE LENGTH OF TIME THAT PASSED "WITHOUT A SINGLE WORD FROM THE COMPENSATION COMMITTEE OR THE ATTORNEY GENERAL" HAS CAUSED OPTIMISM TO BE "TEMPERED WITH JUSTIFIABLE APPREHENSION.""

REPORTER RACHEL PUNCH; SUDBURY STAR;

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"It has been almost a year since the province formed a committee to explore compensating innocent people wrongly accused and convicted in child deaths because of a pathologist's flawed work," the Sudbury Star story by reporter Rachel Punch begins, under the heading, "Still waiting for justice" and the sub-heading, "POLITICS: Family that helped expose pathologist Dr. Charles Smith wants word on compensation for victims Still waiting for justice."

"A Sudbury family pivotal in halting the career of Dr. Charles Smith is disappointed it is taking so long for the committee to do its work and for the government to act," the November, 7, 2009, story continues.

"Maurice Gagnon spent more than $237,000 -- his retirement savings -- to defend his daughter Lianne Thibeault, who was wrongly accused in 1995 of killing her infant son, Nicholas.

Thibeault's case was one of 20 child-death investigations Smith was found to have made mistakes in. A five-month judicial inquiry into the practice of pediatric forensic pathology was undertaken last year.

Justice Stephen Goudge, who presided over the inquiry, urged the province to see if a viable compensation process could be set up. The recommendation was made in Goudge's final report, released in October 2008.

In December 2008, the province formed a committee, led by former integrity commissioner Coulter Osborne, to consider the viability of a compensation process.

The committee has still not reported back to the Attorney General's office.

"We look forward to receiving the committee's advice as soon as possible so we can proceed in the fairest and fastest way possible," said Brendan Crawley, a spokesperson for the Ministry of the Attorney General, on Wednesday.

Gagnon wrote a letter to the government back in April asking for an update on the status of the compensation committee's work.

He wrote the formation of the committee "gave everyone a guarded sense of optimism that justice would finally be served."

He added, however, the length of time that passed "without a single word from the compensation committee or the Attorney General" has caused optimism to be "tempered with justifiable apprehension."

Gagnon received a response from Sudbury MPP Rick Bartolucci's office in June stating the letter had been forwarded to Attorney General Chris Bentley's office.

"I trust the Attorney General will give due consideration to the concerns you express," Bartolucci wrote.

Gagnon said Wednesday he had still not heard anything from the Attorney General's office.

Crawley would not comment on whether or not the office planned to respond to Gagnon.

"We treat incoming correspondence, and any responses, as confidential," Crawley said."

The story can be found at:

http://www.thesudburystar.com/ArticleDisplay.aspx?e=2162378

Harold Levy...hlevy15@gmail.com;

UP-DATE: ARTHUR LEE WHITFIELD CASE: AILING MAN RECEIVES $633,000 FROM VIRGINIA'S MELENDEZ-DIAZ SPECIAL ASSEMBLY; VIRGINIA-PILOT REPORTS;

"NEWS OF THE LEGISLATIVE RELIEF DELIGHTED WHITFIELD, WHO UNDERWENT CHEMOTHERAPY WEDNESDAY. HE WORE A BASEBALL HAT AND A HEAD SCARF TO THE APPOINTMENT BECAUSE HIS HAIR HAS BEGUN TO FALL OUT.

THE MONEY MEANS HE CAN STOP WORRYING ABOUT THE BILLS HE'S BEHIND ON, HE SAID. AND, HE ADDED, "I CAN DO SOMETHING FOR THE PEOPLE WHO HAVE TAKEN SUCH GOOD CARE OF ME - MY PARENTS, MR. FASANARO.""

REPORTERS JULIAN WALKER AND MICHELLE WASHINGTON; THE VIRGINIA-PILOT;

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"Five years after he was freed from prison and nearly three decades after being charged for two rapes for which he was later cleared, Norfolk's Arthur Lee Whitfield has the kind of apology that often comes at the conclusion of civil suits: a financial settlement," the Virginia-Pilot story by reporters Julian Walker and Michelle Washington begins, under the heading, "Wrongly convicted Norfolk man to get $633,000 from Va."


"The monetary mea culpa - a compensation package valued at roughly $633,000 - comes from lawmakers who ushered legislation through the General Assembly's one-day special session Wednesday," the story, published earlier today, continues;

"Whitfield, who recently told The Virginian-Pilot he has liver cancer, will receive $126,573 within 30 days of the bill becoming law. A schedule for disbursement of the remaining $506,294 will be determined by Whitfield's representatives, the attorney general's office and other relevant parties.

News of the legislative relief delighted Whitfield, who underwent chemotherapy Wednesday. He wore a baseball hat and a head scarf to the appointment because his hair has begun to fall out.

The money means he can stop worrying about the bills he's behind on, he said. And, he added, "I can do something for the people who have taken such good care of me - my parents, Mr. Fasanaro."

Michael F. Fasanaro Jr., Whitfield's lawyer, said part of the state money will come in an annuity administered by the attorney general's office.

"I'm happy something is going to come out of it," Fasanaro said.

Whitfield said he didn't know what he would use the money for, other than paying bills.

"I might try to move up, do a little better than I'm doing now," he said.

Whitfield spent 22 years behind bars before DNA evidence exonerated him in 2004.

Already freed from prison when he asked the state Supreme Court for a declaration of innocence, the court dismissed his petition on the grounds that only individuals who remain incarcerated are eligible for such a finding.

Gov. Timothy M. Kaine pardoned Whitfield this year.

That legal limbo delayed action to compensate Whitfield until this year, said Del. Kenny Alexander, a Norfolk Democrat.

The versions that passed were carried by Del. Bob Tata and Sen. Ken Stolle, both Virginia Beach Republicans.

In other action, legislators approved changes to bring state forensic evidence laws into accord with a U.S. Supreme Court decision.

In the June 25 opinion in the Melendez-Diaz v. Massachusetts case, the high court found that presentation of a lab report instead of live testimony denied defendants their constitutional right to confront an accuser. Current law allows prosecutors to use a forensic lab report as evidence at trial in the absence of testimony from a technician who performed the analysis.

The short-term fix passed Wednesday requires prosecutors to give defense attorneys 28 days notice of their intent to use a lab report as evidence. Defendants have the option to accept that or demand the appearance of an analyst in court.

The legislation also allows for some flexibility in Virginia's speedy-trial rules to accommodate the scheduling of a forensic scientist to testify.

Sen. Thomas Norment, R-James City, sponsored one of those measures, which he described as a bill "not intended to be the ultimate solution."

"This is intended to get us out of an awkward situation as expediently and efficiently as possible," he added.

A more permanent fix, some legislators suggested, is to hire more state forensic scientists. That could be a tall order, given Virginia 's financial condition.

Earlier Wednesday, Kaine said the state faces significant spending cuts to close a $1.5 billion revenue gap in the fiscal year. That figure represents a roughly $1.2 billion revenue shortfall in fiscal year 2010 and a carryover of $300 million in lost revenue from the previous year.

The state's current two-year, $77 billion budget was balanced with the help of federal stimulus money, which helped soften the blow of a $2.9 billion revenue shortfall."

The story can be found at:

http://hamptonroads.com/2009/08/wrongly-convicted-norfolk-man-get-633000-va

Harold Levy...hlevy15@gmail.com;

MELENDEZ-DIAZ: SPECIAL SESSION OF VIRGINIA ASSEMBLY CALLED TO MAKE LAW CONFORM TO SUPREME COURT DECISION WILL ALSO COMPENSATE WRONGLY CONVICTED MAN;

"THERE IS WIDE AGREEMENT THAT THE NORFOLK MAN SHOULD BE COMPENSATED FOR THE 22 YEARS HE SPENT IN PRISON AFTER BEING WRONGFULLY CONVICTED ON RAPE CHARGES. THERE IS DISAGREEMENT OVER HOW MUCH TO PAY HIM AND OVER WHAT PERIOD OF TIME.

SEVERAL LEGISLATORS, INCLUDING REPUBLICAN SEN. KEN STOLLE OF VIRGINIA BEACH, PLAN TO FILE BILLS GRANTING RELIEF TO WHITFIELD, WHOSE PLIGHT AS A LIVER CANCER PATIENT HAS GAINED MUCH ATTENTION.

"YOU HAVE A LOT OF PEOPLE JOCKEYING FOR POSITIONS BECAUSE THIS IS, ALL OF A SUDDEN, IT'S A POLITICALLY POSITIVE THING," HE SAID.""

REPORTER JULIAN WALKER; THE VIRGINIAN-PILOT;

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Background: It's not every day that an issue involving the work of forensic scientists in the criminal courts comes under scrutiny in the Supreme Court of the United States; Nor is it every day that the Supreme Court issues a searing indictment of the forensic science system in the country and faces head-on the abuses such as manipulation, prosecutorial pressure, outright fraud, bias, error and incompetence. Canadians are well aware of this through the many miscarriages of justice caused in Ontario by Dr. Charles Smith. Americans, who haven't received this message yet, will learn it from the blunt words of Justice Antonin Scalia for the majority. The Supreme Court ruled that a state forensic analyst’s laboratory report prepared for use in a criminal prosecution is “testimonial” evidence and therefore subject to "confrontation" through cross-examination of the analyst - but not before Justice Scalia told Americans how vulnerable they are to wrongful convictions as a result of American forensic science as it is practiced today. They need all of the protection of the law that they can get.

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"Although legislators' official purpose in town today is to fix state law dealing with how forensic lab-tested evidence is presented in court and hear the latest estimates on declining state revenues, the human factor in this General Assembly special session is Arthur Lee Whitfield," Virginian-Pilot reported yesterday.

"There is wide agreement that the Norfolk man should be compensated for the 22 years he spent in prison after being wrongfully convicted on rape charges. There is disagreement over how much to pay him and over what period of time," the story by reporter Julian Walker continued.

"Several legislators, including Republican Sen. Ken Stolle of Virginia Beach, plan to file bills granting relief to Whitfield, whose plight as a liver cancer patient has gained much attention.

"You have a lot of people jockeying for positions because this is, all of a sudden, it's a politically positive thing," he said.

The state Supreme Court denied Whitfield a writ of actual innocence - a legal document that establishes eligibility for compensation from the state - because he had already been freed from prison when he sought the writ. Gov. Timothy M. Kaine formally pardoned Whitfield this year.

A compensation formula created by 2004 legislation provides for payments calculated by time spent behind bars.

One-fifth of the money is paid in a lump sum and the remainder is disbursed over 25 years, according to those rules. Money is also available to cover career training costs.

Under one version of that calculation method, Whitfield would be in line to receive a package valued at roughly $445,000.

Stolle has drafted a bill that would provide that amount to Whitfield, though he has indicated a willingness to boost it to about $770,000.

Another lawmaker prepared to file a claim on Whitfield's behalf is Del. Bob Tata, R-Virginia Beach. His proposal would provide nearly $633,000 to the wrongly convicted Norfolk man, with $126,573 paid in a lump sum and the rest spread over 25 years.

Norfolk Democratic Del. Kenny Alexander is pushing several alternatives, all of which would provide Whitfield with $750,000. One would give him the entire amount in a lump sum, the others would spread it out over several years.

Alexander's bill would provide an up-front payment of $250,000 and an additional $500,000 paid in installments over 10 years.

He plans to carry legislation next year to set compensation for individuals cleared of crimes who don't receive innocence declarations after their incarceration ends.

Both gubernatorial candidates, former Attorney General Bob McDonnell and state Sen. Creigh Deeds, have said they support compensation. But the Republican has accused Deeds of mimicking his initial call for relief. And the Democrat has suggested that McDonnell's current stance is hypocritical because he previously voted, while a state delegate, against a law change allowing felons to ask courts to consider new DNA evidence that could exonerate them. McDonnell later voted to support that concept."
Norfolk resident Arthur Lee Whitfield was released from prison after serving 22 years for a rape he did not commit. (The Virginian-Pilot file photo)

A sidebar to the story - relating to the proposed law - tells us that:

"Gov. Timothy M. Kaine called today’s special session to conform state law to the standard created by a recent U.S. Supreme Court decision, Melendez-Diaz v. Massachusetts, that places a burden on prosecutors to present live courtroom testimony from forensic analysts.

Some prosecutors have said that ruling could lead to drug and drunk-driving cases being tossed out of court and guilty people going free.

Current law allows prosecutors to use a forensic lab report as evidence at trial in the absence of testimony from a technician who performed the analysis.

Among the short-term fixes proposed is giving criminal defendants the right to accept the forensic report as evidence or demand that a lab analyst testify. Another option is to adjust state speedy-trial rules so hearings can be scheduled to accommodate testimony from a forensic technician."

The story can be found at:

http://hamptonroads.com/2009/08/ga-special-session-help-wronged-norfolk-man

Harold Levy...hlevy15@gmail.com;

GUELPH MERCURY EDITORIAL RAISES GOOD QUESTION: WHY WAS OTTAWA'S CONTRIBUTION TO STEVEN TRUSCOTT'S WRONGFUL CONVICTION COMPENSATION AWARD KEPT SECRET?

"THIS REMAINS A SENSITIVE POLITICAL FILE. THAT WOULD SEEM TO BE THE ONLY REASON WHY THE FEDERAL GOVERNMENT WOULD SEEK TO SETTLE THIS QUIETLY. IT WOULD ALSO SEEM TO BE THE REASON THAT THE ONTARIO PROVINCIAL POLICE SEEM UNWILLING TO EITHER APOLOGIZE TO TRUSCOTT, COMMENT ON WHAT WORK IT EVER DID ON OTHER SUSPECTS, OR ADMIT THAT IT BOTCHED THIS INVESTIGATION."

EDITORIAL: THE GUELPH MERCURY;
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Background: The Steven Truscott case is one of the most horrifying miscarriages of justice in Canadian history;

By way of brief Wikipedia introduction for those unfamiliar with the case - in which the fact that the pathologist who conducted the autopsy had changed his opinion as to the time of death was not disclosed to the defence:

"Steven Murray Truscott (born January 18, 1945 in Vancouver, British Columbia) is a Canadian man who was sentenced to death in 1959, when he was a 14-year old student, for the alleged murder of classmate Lynne Harper. His death sentence was commuted to life imprisonment, and he continued to maintain his innocence until 2007, when his conviction was declared a miscarriage of justice and he was formally acquitted of the crime.

On July 7, 2008, the government of Ontario awarded him $6.50 million in compensation.[1]

Truscott was scheduled to be hanged on December 8, 1959; however, a temporary reprieve on November 20, 1959 postponed his execution to February 16, 1960 to allow for an appeal. On January 22, 1960, his death sentence was commuted to life imprisonment.

Truscott was the youngest person to be sentenced to death in Canada, and his case gave major impetus toward the abolition of the death penalty in Canada.

On November 29, 2001, Truscott filed a section 690 Criminal Code application for a review of his 1959 murder conviction. Hearings in a review of the Truscott case were heard at the Ontario Court of Appeal.

On August 28, 2007, after review of nearly 250 fresh pieces of evidence, the court declared that Truscott's conviction had been a miscarriage of justice. As he was not declared factually innocent, a new trial could have been ordered, but this was a practical impossibility given the passage of time. Accordingly, the court acquitted Truscott of the murder."

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The Guelph Mercury raises this question today in an editorial which runs under the heading: "Payout to Truscott was oddly handled";

"The federal government should be commended for paying half of the compensation award issued to Steven Truscott over his wrongful 1959 murder conviction and the woeful odyssey that flowed from it," the editorial begins;

"It's disappointing, however, that it took Ottawa as long as it did to provide its financial share on this matter -- regardless of the fact that it didn't result in a delay in the funds paid to Truscott," the editorial continues;

"Shameful is that this step also came without bringing public attention to it. In being done covertly, it happened without the federal government formally taking responsibility for its role in this miscarriage of justice and in Truscott's profound suffering as a result.

Ottawa owns a measure of this sorry case. It also owes an apology to Truscott, his family, and to the relatives of Lynne Harper -- the 12-year-old Clinton girl he was so long alleged to have murdered.

This remains a sensitive political file. That would seem to be the only reason why the federal government would seek to settle this quietly. It would also seem to be the reason that the Ontario Provincial Police seem unwilling to either apologize to Truscott, comment on what work it ever did on other suspects, or admit that it botched this investigation.

Retired Ontario judge Sydney Robins studied the Truscott case for the province and the issue of compensating him prior to the province doing so -- for the $6.5 million Robins recommended.

His 57-page report is a thorough and powerful commentary on the justice system failures in the case, provincially and federally. It also shed light on harm caused to Truscott through that process that had only been previously hinted at.

It also liberally employed "innocent" as a word that should be applied to Truscott.

A year ago this week, the province made public it agreed with Robins and needed to compensate Truscott. It did so prominently and publicly.

It's startling the federal government opted for a quieter course."

Harold Levy...hlevy15@gmail.com;

OTTAWA SHARED RESPONSIBILTY FOR $6.5 MILLION COMPENSATION AWARDED TO STEVEN TRUSCOTT; GUELPH MERCURY REPORTS;

"WOLCH NOTED TRUSCOTT'S EXECUTION ORDER WOULD HAVE BEEN ADMINISTERED BY THE FEDERAL GOVERNMENT, AS WAS THE COMMUTATION SEVERAL MONTHS LATER TO LIFE IN PRISON. AS WELL THE FEDERAL GOVERNMENT, THROUGH THE SUPREME COURT, DENIED TRUSCOTT'S 1966 BID TO GET A NEW TRIAL."

REPORTER SCOTT TRACEY: THE GUELPH MERCURY;

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The Steven Truscott case is one of the most horrifying miscarriages of justice in Canadian history;

By way of brief Wikipedia introduction for those unfamiliar with the case - in which the fact that the pathologist who conducted the autopsy had changed his opinion as to the time of death was not disclosed to the defence:

"Steven Murray Truscott (born January 18, 1945 in Vancouver, British Columbia) is a Canadian man who was sentenced to death in 1959, when he was a 14-year old student, for the alleged murder of classmate Lynne Harper. His death sentence was commuted to life imprisonment, and he continued to maintain his innocence until 2007, when his conviction was declared a miscarriage of justice and he was formally acquitted of the crime.

On July 7, 2008, the government of Ontario awarded him $6.50 million in compensation.[1]

Truscott was scheduled to be hanged on December 8, 1959; however, a temporary reprieve on November 20, 1959 postponed his execution to February 16, 1960 to allow for an appeal. On January 22, 1960, his death sentence was commuted to life imprisonment.

Truscott was the youngest person to be sentenced to death in Canada, and his case gave major impetus toward the abolition of the death penalty in Canada.

On November 29, 2001, Truscott filed a section 690 Criminal Code application for a review of his 1959 murder conviction. Hearings in a review of the Truscott case were heard at the Ontario Court of Appeal.

On August 28, 2007, after review of nearly 250 fresh pieces of evidence, the court declared that Truscott's conviction had been a miscarriage of justice. As he was not declared factually innocent, a new trial could have been ordered, but this was a practical impossibility given the passage of time. Accordingly, the court acquitted Truscott of the murder."

Although Truscott has been vindicated by the Ontario Court of Appeal - and has received his compensation from the Ontario Government - it was not publicly known until today that the federal government - which would have executed the teenager - has contributed 50% of the compensation;

"The federal government has reimbursed the province for half of the more than $6 million wrongful conviction award given last year to Steven Truscott," the story, by reporter Scott Tracey, begins, under the heading: "Feds pay their share: Ontario reimbursed for half of the $6.5M awarded to Truscott as compensation for wrongful conviction in 1959 death."

"Brendan Crawley, a spokesperson for Ontario's Ministry of the Attorney General, said yesterday the feds earlier this year paid Ontario "for half of the total compensation, so it was split 50-50," the story continues;

One year ago yesterday, Attorney-General Chris Bentley announced the province would pay Truscott $6.5 million -- and his wife Marlene another $100,000 -- in compensation for Truscott's wrongful conviction in the 1959 death of his schoolmate near Clinton, Ont.

The announcement followed advice given by retired judge Sydney Robins, who had been retained by the province following Truscott's exoneration by the Ontario Court of Appeal in August 2007, to examine the compensation issue. In his 57-page report, Robins recommended the federal government cover half the costs.

"In the present case . . . I believe that the cost of this miscarriage of justice should be shared equally by each level of government," Robins wrote. "Both governments have been involved in this matter virtually since its inception in 1959 and I can see no reason why they should not share equally the costs of the compensation payable to Mr. Truscott and his wife."

Yesterday, Truscott lawyer Hersh Wolch said the feds' willingness to cover half of the award should not be seen as an admission of wrongdoing on the part of the government of Canada, though the legal team believes the federal government bore much of the responsibility for Truscott's conviction and difficulty in clearing his name.

"Obviously, they have responsibility," Wolch said. "We've always felt the federal government shared in the responsibility."

Wolch noted Truscott's execution order would have been administered by the federal government, as was the commutation several months later to life in prison. As well the federal government, through the Supreme Court, denied Truscott's 1966 bid to get a new trial.

As well, six of the 10 years Truscott was behind bars -- after his 18th birthday -- were spent in federal prisons, where he was "treated" with LSD and sodium Pentothal in a failed effort to get him to confess to killing 12-year-old Lynne Harper.

Wolch noted the federal government typically does contribute to wrongful conviction awards, but he said those amounts are generally negotiated between the levels of government and lawyers for the wrongly-convicted do not get involved.

"From our point of view, as long as the compensation comes in the proper amount we're done with it," Wolch said.

The Truscotts, who moved outside of Guelph after the compensation announcement, have avoided the spotlight for the past year.

In an email to supporters last weekend, they wrote that their youngest son Devon was recently married by the same minister who married Steve and Marlene nearly 40 years ago and that their fourth grandchild was born earlier this year.

The couple plan to do some travelling, including a trip to eastern Canada this fall.

In October, Marlene will resume work on a book about their lives.

Harold Levy...hlevy15@gmail.com

EDITORIAL: COMPENSATION AND ONTARIO GOVERNMENT'S MESSAGE OF INDIFFERENCE TO VICTIMS OF DR. CHARLES SMITH AND THE PROVINCE'S CRIMINAL JUSTICE SYSTEM;

"IN KEEPING WITH OUR COMMITMENT TO THE PEOPLE OF ONTARIO, WE ARE RESPONDING TO JUSTICE GOUDGE'S RECOMMENDATIONS IN AN EXPEDITIOUS MANNER," SAID COMMUNITY SAFETY AND CORRECTIONAL SERVICES MINISTER RICK BARTOLUCCI. LAST MONTH OUR GOVERNMENT ANNOUNCED LEGISLATION TO STRENGTHEN ONTARIO'S DEATH INVESTIGATION SYSTEM. TODAY WE ARE TAKING ANOTHER STEP TO ENSURE CONFIDENCE IN THE SYSTEM AND CORRECT PAST INJUSTICES."

COMMUNITY SAFETY AND CORRECTIONAL SERVICES MINISTER RICK BARTOLUCCI; (ONTARIO GOVERNMENT PRESS RELEASE; 2 DECEMBER 2008); ONTARIO GOVERNMENT PHOTO; PREMIER DALTON MCgUINTY; (lEFT) MINISTER BARTOLUCCI (RIGHT);

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"I LOOK FORWARD TO PROVIDING THE ATTORNEY GENERAL WITH TIMELY, APPROPRIATE ADVICE TO ADDRESS THE ISSUE OF COMPENSATION ARISING FROM DR. SMITH'S WORK. MY FELLOW COMMITTEE MEMBERS AND I WILL GET ON WITH THE IMPORTANT WORK AT HAND AS QUICKLY AS POSSIBLE."

JUSTICE COULTER OSBORNE; HEAD OF COMMITTEE ASKED TO PROPOSE COMPENSATION FRAMEWORK;

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Globe and Mail Justice Reporter Kirk Makin wrote yesterday about the Ontario government's shameful failure to make timely compensation to Dr. Charles Smith's victims;

The delay is shameful for several reasons;

First, the Ontario government is responsible for the administration of justice (and therefore injustice);

Secondly, it was the province's prosecutor's who wielded the criminal law against Dr. Smith's victims;

Third, it was the province's senior officials in the Chief Coroner's office who failed to supervise Dr. Smith - and to reign him in.

In a press release dated December 2, 2008 the McGuinty government announced that its response to the recommendations set out in the Goudge report included the establishment of "a committee to consider issues of compensation related to Dr. Charles Smith's work."

The release announced that: "A team of legal experts will provide legal advice on the viability of a potential compensation process arising from the work of Dr. Charles Smith."

It said the Committee would be composed of:

"The Honourable Coulter Osborne, former Associate Chief Justice of
Ontario and former Integrity Commissioner - as lead;

Bonnie Tough, a Law Society bencher and senior private sector
litigator with notable experience in compensation issues;

And Michele Smith, Counsel, Crown Law Office Civil."

The release contained top-level assurances, that compensation, along with action on other key Goudge recommendations would be provided expeditiously.

Just for one: "In keeping with our commitment to the people of Ontario, we are responding to Justice Goudge's recommendations in an expeditious manner," said Community Safety and Correctional Services Minister Rick Bartolucci," the press release states;

"Last month our government announced legislation to strengthen Ontario's death investigation system. Today we are taking another step to ensure confidence in the system and correct past injustices."

Here's another:

Justice Coulter Osborne, head of the Committee: "I look forward to providing the Attorney General with timely, appropriate advice to address the issue of compensation arising from Dr. Smith's work."

Mr. Osborne went on to say: "My fellow committee members and I will get on with the important work at hand as quickly as possible."

It is important to note that Justice Osborne and his Committee were not charged with the time-consuming job of fixing compensation in individual cases; All they were asked to do was "provide legal advice on the viability of a potential compensation process."

In short, all they had to do was to propose a system for awarding compensation in individual cases to the government - and that shouldn't have taken many months;

To be fair to the McGuinty Government, the Charles Smith debacle did not happen on it's watch.

Moreover, the Premier McGuinty acted promptly to establish an Inquiry into pediatric forensic pathology in the province, gave it teeth, and made an excellent appointment in Ontario Court of Appeal Justice Steven Goudge;

Unfortunately, Mr. McGuinty's minister's seem more adapt at making promises in press releases than following through with timely actions - now that Charles Smith is no longer in the daily headlines;

The message to Dr. Charles Smith's victims is that the government responsible for their wrecked lives and wrongful convictions is indifferent to their plight - other than to issue misleading press releases from time to time;

Perhaps it's time for Mr McGuinty to get the message to Bartolucci and his bureaucrats that he expects them to prove to the public - and especially the victims of Dr. Smith and Ontario's criminal justice system - that they take the need to compensate the victim's generously - and will waste no more time getting an expeditious compensation system in place;

Harold Levy...hlevy15@gmail.com;

NOT EVEN "A WHISPER" OF COMPENSATION YET FOR CHARLES SMITH'S VICTIMS, GLOBE AND MAIL REPORTS;

"IN HIS 1,000-PAGE REPORT, MR. JUSTICE STEPHEN GOUDGE CONCLUDED THAT DR. SMITH WAS AN ARROGANT, UNQUALIFIED PATHOLOGIST WHOSE BIASED, INCONSISTENT AND UNPROFESSIONAL TESTIMONY PRECIPITATED A STRING OF WRONGFUL MURDER CHARGES AND CONVICTIONS.

HE ALSO SINGLED OUT THE PROVINCE FOR BLAME, SAYING THAT TOP OFFICIALS IN THE OFFICE OF THE CHIEF CORONER DEVELOPED A “SYMBIOTIC RELATIONSHIP” WITH DR. SMITH THAT LED THEM TO SHIELD HIM FOR YEARS FROM THE SCRUTINY HE SO DESPERATELY REQUIRED."

REPORTER KIRK MAKIN; GLOBE AND MAIL; PHOTO OF LOUISE REYNOLDS: JOHN MORSTAD; GLOBE AND MAIL;

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The Globe and Mail reports on the Ontario government's failure to provide prompt compensation to the innocent persons who were wrongly convicted of horrific crimes as a result of the flawed opinions of Dr. Charles Smith, in a story which runs today under the heading: "For victims, Ontario pathology scandal lives on," and the sub-heading:"Eight months after the inquiry, those charged or convicted on erroneous evidence from Charles Smith still await compensation."

The story is by Justice Reporter Kirk Makin who reported the Goudge Inquiry for the Globe and Mail. Makin is no stranger to miscarriages of justice: He is the author of "Redrum the Innocent" (Viking)" - a brilliant account of Guy Paul Morin's wrongful conviction and ultimate vindication through DNA.

A cut-line under the photo of Louise Reynolds reads: "Louise Reynolds, wrongly jailed for the murder of her daughter, says many pathology scandal victims won't find closure without compensation."

"Eight months after ending in a shower of praise and legislative reform, the inquiry into Ontario's forensic pathology scandal is a memory to all but the victims, who have yet to hear a whisper about compensation," the story begins;

"For many of the up to 20 individuals who were charged or convicted on erroneous evidence from disgraced pathologist Charles Smith, the pathology scandal remains very much alive," it continues.

“For a lot of people, it is never going to be over until they are compensated and the government has said that these people were wronged, and now we are compensating them,” said Louise Reynolds, who was wrongly jailed for two years for the murder of her daughter, Sharon, in 1977.

“I personally don't have any trust in government,” Ms. Reynolds said. “It's taking so long that I am concerned there is not going to be any compensation.”

Sherry Sherret-Robinson, who was convicted of killing her child in 1996, said she is “dumbfounded” by the delay. “We hear so many different things, and it affects our lives,” she said.

Ms. Sherret-Robinson, who is awaiting an Ontario Court of Appeal review of her conviction, defaulted on her student loans while she was fighting her murder charge. As a result, she said, she cannot get any more loans to resume her education.

“I have to sit here and try and make ends meet,” she said. “One thing I have learned: You can't trust the government on anything.”

In his 1,000-page report, Mr. Justice Stephen Goudge concluded that Dr. Smith was an arrogant, unqualified pathologist whose biased, inconsistent and unprofessional testimony precipitated a string of wrongful murder charges and convictions.

He also singled out the province for blame, saying that top officials in the Office of the Chief Coroner developed a “symbiotic relationship” with Dr. Smith that led them to shield him for years from the scrutiny he so desperately required.

Judge Goudge recommended that Ontario look into providing swift redress for people who, “through no fault of their own ... suffered tragic and devastating consequences.”

Ontario Attorney-General Chris Bentley raised the victims' hopes on Oct. 1, 2008, when he announced that a three-person committee headed by former associate chief justice of Ontario Coulter Osborne would recommend a fair compensation system, “as expeditiously as they can.”

Brendan Crawley, a spokesman for the Ministry of the Attorney-General, said that the committee is still “considering the issues before providing their confidential legal advice to the minister.

“No deadline has been set, but they are being thorough in their review while treating the matter with urgency,” Mr. Crawley said in an interview. “After the minister receives the advice of the committee, he will make a decision on next steps.”

Peter Wardle, a lawyer who represents several of the victims, praised the province for speedily amending the forensic autopsy system. However, he said, “it shouldn't take that long for the government to at least take the first step toward dealing with the people whose tragedies gave rise to the calling of the inquiry in the first place.”

Maurice Gagnon, the father of another victim, Lianne Thibault, said that the province may think that, by delaying, “the public memory will be dimmed and they can get away with more.”

Mr. Gagnon, 71, said that he and his wife have waited 12 years to recoup at least some of the $237,000 in retirement savings that they plowed into defending their daughter.

“If they wait long enough, I'm going to die and I'll never be able to enjoy my retirement,” he said. “The delay becomes inordinate. Our plans have been irreparably altered because of this. And my daughter, too. Psychologically and emotionally, you never get over it.”

While Ms. Thibault, 35, was never charged, she lost custody of one of her children during a sustained police investigation precipitated by Dr. Smith's conclusion that her 11-month old, Nicholas, had died from a non-accidental bump to his head.

COST OF WRITING A WRONG

A sample of compensation payments made to the wrongly convicted, and the time they served:

Donald Marshall, 11 years for murder, $1.6-million;

Guy Paul Marin, 18 months for murder, $1.25-million;

David Milgaard, 23 years for murder, $10-million;

Michael McTaggert, 20 months for bank robbery, $380,000;

Thomas Sophonow, 45 months for murder, $2.6-million;

Steven Truscott, 10 years for murder, $6.5-million.

Harold Levy...hlevy15@gmail.com;

UP-DATE: ANDREW MALLARD ACCEPTS $3.25 FROM WEST AUSTRALIAN GOVERNMENTL WILL PURSUE LAWSUIT AGAINST 17 DEFENDENTS INCLUDING 7 POLICE OFFICERS;

"I AM STILL APPALLED AND SHOCKED AT THE AVOIDING OF ANY ACCOUNTABILITY FROM THE GOVERNMENT'S PART AND ALSO FROM POLICE."

ANDREW MALLARD: THE AUSTRALIAN NEWS;

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The Australian News story ran earlier today under the heading "Andrew Mallard accepts $3.25m for wrongful jailing."

"ANDREW Mallard, who spent 12 years in jail for his wrongful conviction on a murder charge, has accepted a $3.25 million ex-gratia compensation payment from the West Australian Government," the Australian Associated Press story begins;

"He has lodged a Supreme Court writ against 17 defendants, including seven police officers and the Director of Public Prosecutions," the story continues.

"Mr Mallard had pleaded with the WA Government to double the payment after the "take it or leave it" offer was made earlier this month."

"The 48-year-old served 12 years of a 20-year sentence for the 1994 murder of Perth jeweller Pamela Lawrence, before his conviction was quashed by the High Court in 2005.
Mr Mallard had sought $7.25 million in compensation before the Government announced its $3.25 million payment, which it described as a "gift".

On May 7, three days after the offer was announced, an emotional Mr Mallard urged the Government to rethink the amount.

He said he did not want to reopen the wounds from the years he spent in jail by fighting for appropriate compensation in a court action.

Deputy Premier Kim Hames today confirmed that Mr Mallard had accepted the offer, and said refusing it "wouldn't have changed any future option that he had".

But Mr Mallard said that in accepting the payment, he had been told the "gift" would be deducted from any future award of damages in the WA Supreme Court.

"It is an inadequate figure but I also need to do this for vindication," Mr Mallard told The West Australian.

"I am still appalled and shocked at the avoiding of any accountability from the Government's part and also from police.

"I have no choice but to accept this money - it is either go down the gurgler or accept what little I have and fight on."

Dr Hames said the compensation had been provided "without any strings attached".

"We provided that as a gift and it was always left open for him to decide whether he would pursue legal action," Dr Hames said.

"If he does that it will be his choice.

"It was going to be in effect a cheque in the mail.

"So if you got a cheque in the mail for just over $3 million I'm sure you wouldn't say no, particularly when there weren't any conditions to (accepting) that amount of money."

Asked if he personally believed it was the right decision, Dr Hames replied: "I think he's made the right decision in not rejecting that money.

"I guess he could have always not cashed the cheque but that wouldn't have changed any future option that he had."

Harold Levy...hlevy15@gmail.com;

UP-DATE: ANDREW MALLARD; COMPENSATION; HE ASKS WEST AUSTRALIA TO RECONSIDER $3.25 MILLION OFFER: GOVERNMENT WON'T BUDGE; THEDAILY.COM.AU REPORTS

The daily.com.au's story, by reporter Aleisha Preedy, ran earlier today under the heading: "Mallard payment 'won't be reconsidered'";

"Andrew Mallard has appealed with the West Australian government to reconsider their "take it or leave it" $3.25 million offer for his 12-year wrongful stint behind bars," the story begins;

"Wrongfully convicted for the 1994 murder of Perth jeweller Pamela Lawrence, Mr Mallard said he didn't want to re-open old wounds from the years he "rotted" in a maximum security jail," it continues;

"The 48-year-old served 12 years of a 20-year jail sentence before his conviction was quashed by the High Court in 2005.

He was released from jail in 2006.

An emotional Mr Mallard on Thursday told reporters he had been left with no choice but to fight for compensation, of which he had sought $7.25 million.

"I don't want to have to re-live my nightmare in court, which my lawyers say could take up to five years or more to finalise," Mr Mallard said.

"I am told the trial itself could take up to several months to be heard.

"Why should a jury hearing my trial be made to give up months of their lives and their families' lives to hear all the painful evidence."

Premier Colin Barnett earlier told reporters the government's offer would be not be reconsidered and that the "gift" was a fair and proper arrangement.

"It is up to Mr Mallard whether he wishes to seek further damages against the state or its agents, be it police or the director of public prosecution," Mr Barnett said.

"It will allow him to have quality accommodation for the rest of his life, buy a house wherever he wants and if it's well invested he will have a high income by most people's standards for the rest of his living days.

"That doesn't make up for 12 years in jail but it is a fair and reasonable position for the state to make."

Mr Mallard said he was still traumatised by his incarceration and became emotional when revealing his father had died of a broken heart while he was in jail.

He also blamed his wrongful imprisonment on a failed relationship and being kicked out of a Melbourne share house after it was revealed he had been in jail.

The murder investigation and Mr Mallard's wrongful conviction were the subject of a Corruption and Crime Commission (CCC) inquiry into whether police and other officials had engaged in misconduct.

Two assistant police commissioners, Mal Shervill and David Caporn, were forced to step down from their jobs in the wake of CCC's findings.

Mr Mallard said the police officers involved in his imprisonment had got off "scot-free" and he would get small comfort in seeing them face criminal charges.

While his lawyers advised him not to reveal what he planned to do with a compensation payout, Mr Mallard said he wished to start a new life overseas."

Harold Levy...hlevy15@gmail.com;

UP-DATE: ANDREW MALLARD; COMPENSATION; MALLARD COOL TO MORE THAN $3 MILLION OFFERED BY GOVERNMENT OF WEST AUSTRALIA; PUTTING A PRICE ON FREEDOM;

"MR MALLARD SERVED 12 YEARS OF A 20-YEAR JAIL SENTENCE BEFORE HIS CONVICTION WAS QUASHED BY THE HIGH COURT IN 2005. HE WALKED FREE FROM JAIL IN 2006.

THE POLICE SPECIAL CRIME SQUAD CONDUCTED A COLD CASE REVIEW OF MRS LAWRENCE’S MURDER IN 2006 WHICH FINALLY ELIMINATED MR MALLARD AS A SUSPECT.

THE REVIEW FOUND THERE WAS SUFFICIENT EVIDENCE TO IMPLICATE CONVICTED KILLER SIMON ROCHFORD IN MRS LAWRENCE’S MURDER."

THE WEST AUSTRALIAN;

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Andrew Mallard's response to the more than $3 million he has been offered by the Government of West Australia is recorded by the West Australian in a story headed, "Mallard disappointed over payment for wrongful conviction" which appeared without by-line earlier today;

"Andrew Mallard cannot put a price on the 12 years of freedom he lost for a murder he did not commit," the story begins;

"But he knows the $270,800 he’s been offered for every year he spent behind bars doesn’t come close," the story continues;

"At less than half of what he’d sought for his prison ordeal, which allegedly included bashings and being sent to a psychiatric hospital, it’s not even in the ball park.

Mr Mallard says he is “extremely disappointed” with an offer today of $3.25 million for his wrongful conviction for the 1994 murder of Perth jeweller Pamela Lawrence.

Despite it being a record ex gratia payment for Western Australia, he’s seeking further legal advice over what opposition legal affairs spokesman John Quigley called a cruel blow for an innocent man.

“I will be conferring with my lawyers,” he said.

Mr Mallard served 12 years of a 20-year jail sentence before his conviction was quashed by the High Court in 2005. He walked free from jail in 2006.

The police special crime squad conducted a cold case review of Mrs Lawrence’s murder in 2006 which finally eliminated Mr Mallard as a suspect.

The review found there was sufficient evidence to implicate convicted killer Simon Rochford in Mrs Lawrence’s murder.

Rochford, whose palm print was found during the review, committed suicide in jail after a news organisation reported he’d been identified as a suspect.

The murder investigation and Mr Mallard’s wrongful conviction were the subject of a Corruption and Crime Commission inquiry into whether police and other officials had engaged in misconduct.

Two assistant police commissioners, Mal Shervill and David Caporn, were forced to step down from their jobs in the wake of the CCC’s findings.

Mr Mallard had demanded $7.5 million as compensation on advice from his lawyers, but today WA Attorney-General Christian Porter said the settlement would be just $3.25 million.

Mr Quigley - a long-time champion for Mr Mallard - said on the weekend that Mr Mallard had been advised to accept nothing less than a $7.5 million ex gratia payment.

He said that if the Government failed to match that amount, Mr Mallard would simply pursue a Supreme Court writ he’d already lodged against 17 defendants, including seven police officers and the Director of Public Prosecutions.

“So he’s looking at, is this figure enough to settle this Supreme Court action and it’s not being suggested by the government that it is or that it’s fair compensation in that regard,” Mr Quigley said today.

Mr Porter said the figure was based on the best legal advice available to the Government.

“There’s no doubting that what he went through was quite terrible and based on the best legal advice and after the extensive deliberations of cabinet without any strings attached ... this is the quantum which has been determined,” Mr Porter said.

A spokesman for Mr Porter later said the money was a gift, not compensation, and Mr Mallard would have to continue his fight if he also wanted compensation.

WA Police Union president Mike Dean said the police officers listed on Mr Mallard’s writ were not concerned about the prospect of being sued.

“I’ve spoken to some of the officers involved ... and quite frankly they are not concerned at all,” Mr Dean said.
“These officers have never been found guilty of anything by anybody and their legal exposure is nil.”

Mr Dean said the ex gratia payment was fair.

“And we don’t begrudge him the money, there is actually a real concern that the system let him down that badly and put this man in jail ..., “ Mr Dean said.

Mr Quigley said he was outraged that a man who’d been so terribly wronged by the system had been told to fight on.

“This man was taken from the streets as a totally innocent person, imprisoned for 12.5 years, bashed in prison, sent to a psychiatric hospital where he was injected because he wouldn’t accept his guilt,” Mr Quigley told reporters.

“This is enormous what’s happened to him.

“For a man who has had to fight against the system, the DPP, the police and the government for over 12 years to prove his innocence it’s a bitter and cruel blow to be told for the rest of your compensation keep on fighting sunshine.

“That is not fair.”"

Harold Levy...hlevy15@gmail.com;

Part Thirteen: Closing Submissions; Affected Families Argue That There Were Tools Chief Coroner's Office Could Have Used To Rein In Dr. Smith;

"ALTHOUGH DR. CAIRNS TESTIFIED THAT HE SPOKE TO DR. SMITH MANY TIMES ABOUT TARDINESS AND COMPLETION OF POST-MORTEM REPORTS, THERE IS NOT A SINGLE DOCUMENT IN THE RECORD EVIDENCING ANY WRITTEN ADMONISHMENT OR REPRIMAND BEING PROVIDED TO DR. SMITH BY EITHER DR. CAIRNS OR DR. YOUNG IN THE PERIOD UNDER REVIEW."
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CLOSING SUBMISSIONS: AFFECTED FAMILIES GROUP;

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This Blog is currently focusing on the submissions filed by the "Affected Families Group" - a group of families who were directly affected by the systemic failings which occurred in pediatric forensic pathology in Ontario between 1991 and 2001;

The Group is represented by lawyers Peter Wardle (Wardle, Daley, Bernstein) and Julie M. Kirkpatrick;

Today's focus is on a section in which the group argues that the Chief Coroner's Office had tools it could have used to hold Dr. Charles Smith accountable for his mistakes - even though he was not its employee.

"Although Dr. Smith was not its employee, the Chief Coroner's Office could and should have evaluated his performance and that of the Ontario Pediatric Forensic Pathology Unit as a whole," the section begins;

"It had a number of tools it could have used to hold him accountable for mistakes," it continues:

"0: Written reprimands or warnings;

0: Re-direction of cases to other pathologists;

0: Revocation of Dr. Smith’s position as member of the Pediatric Death Review Committee and Death Under 2 Committee;

0: Revocation of his appointment as Director of the Ontario Pediatric Forensic Pathology Unit;

Although Dr. Cairns testified that he spoke to Dr. Smith many times about tardiness and completion of post-mortem reports, there is not a single document in the record evidencing any written admonishment or reprimand being provided to Dr. Smith by either Dr. Cairns or Dr. Young in the period under review.

The only document critical of even the Ontario Pediatric Forensic Pathology Unit was prepared by Dr. Chiasson in December, 1998 as part of his attempt to revision the unit.

It states in part as follow: In my view, the Pediatric Forensic Pathology Unit is not fulfilling its mandate to provide a high quality forensic pathology service to the Coroner’s Office despite the Office’s attempts to provide guidance and direction. Furthermore, I do not believe that the problems with the unit can be remedied given the current arrangements we have with the Hospital for Sick Children.

Following the receipt of the opinion of Dr. Mary Case in the Nicholas case, Dr. Young had what he characterized as his “hugging the tree” conversation with Dr. Smith.

Dr. Young suggested to this Inquiry that “we had dealt with him in a disciplinary manner”.

The reality is that no disciplinary measures or sanctions were discussed at this meeting."

Harold Levy...hlevy15@gmail.com;

Compensation For Dr. Charles Smith's Victims and Their Families: Wise Advice to Premier McGuinty;

WHEN THE REPORT IS DELIVERED, MCGUINTY SHOULD HAVE A RESPONSE PREPARED. LET'S NOT SEE THIS DEGENERATE FURTHER INTO A PROTRACTED BATTLE FOR COMPENSATION THAT DEEPENS THE TRAGEDIES STILL AT PLAY. VICTIMS SHOULD GET COMPENSATION WHILE THEY CAN STILL REBUILD THEIR LIVES.

COLUMNIST ROBERT HOWARD: HAMILTON SPECTATOR;
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Government lawyers have made it very clear in their closing submissions that they don't want Commissioner Stephen Goudge making any recommendations related to compensation of Dr. Smith's victims and their families;

But as Robert Howard writes in a column published in the Hamilton Spectator under the headline "Compensate Smith Victims" on April 5, 2008, Ontario Premier Dalton McGuinty should not waste any time addressing compensation after Justice has delivered his report on September 30th;

"Through self-admitted professional incompetence, Dr. Charles Smith destroyed lives -- leaving relationships, reputations and finances in tatters in many cases, unjust criminal convictions in others," the column begins;

"His employer at the time -- the province of Ontario -- has to start thinking now about how to try to make up for that," it continues;

"Premier Dalton McGuinty says his government will wait until the fall before considering whether to compensate innocent people accused of killing children in cases handled by the once-revered pathologist.

McGuinty admits to a government "obligation" to consider compensation but only after it receives the final report of Justice Stephen Goudge's inquiry into Smith's trail of errors and broken lives.

While Queen's Park is obligated to safeguard the interests of taxpayers, the premier and his cabinet need to start thinking now, not later, about how (not whether) it will compensate Smith's victims.

Sadly, Canada is rife with precedent and models for compensation for unjust convictions.

What's a wrongful murder conviction worth these days?

Ask Donald Marshall, Guy Paul Morin and David Milgaard, all exonerated after conviction by new evidence.

There's no debating Smith's culpability.

He admitted to it at the inquiry.

It was the province of Ontario that employed him, promoted him and made him virtually unchallengeable in court.

Of course, the province will compensate his victims.

McGuinty knows it, lawyers know it, and there can hardly be a taxpayer in Ontario who doesn't know it.

Consider the case, reported in yesterday's Spectator, of the 12-year-old girl charged with manslaughter in 1988 because of an erroneous conclusion by Smith.

Referred to in inquiry documents only as SM, she was accused of killing the 16-month-old daughter of a neighbour.

To prove Smith wrong -- he had overruled earlier findings that the death was accidental -- the girl's family spent all their savings and sold their house to find and bring in experts who could show a judge that the girl was, indeed and indisputably, not guilty.

That girl (now a 32-year-old woman with a successful career) and her family are just some of the victims in at least 20 cases botched by Smith.

Smith's highest-profile victims are those who went to prison.

But there are many others, including those such as SM who were found not guilty but had their lives shattered; and those, such as SM's family, who were part of the "collateral damage" of this horrifying affair.

When the report is delivered, McGuinty should have a response prepared.

Let's not see this degenerate further into a protracted battle for compensation that deepens the tragedies still at play.

Victims should get compensation while they can still rebuild their lives.

Reasonable taxpayers will certainly see the justice in fair, appropriate and timely compensation for those whose lives were ruined by the ineptitude of a star civil servant."

A point well made;

Harold Levy...hlevy15@gmail.com;