BY KEITH LACEY
Continued from Friday?s edition.
For more than two years, a key piece of forensic evidence defence lawyers believe would exonerate their client lay in an envelope inside the desk of Dr. Charles Smith.
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Ten years ago, Lianne Thibeault became the focus of police scrutiny about the death of her 11-month-old son. Pathologist Dr. Charles Smith, who is now the subject of an investigation by the provincial coroner?s office, played a key role in the accusations of murder directed at Thibeault. |
William Mullins-Johnson has spent more than 12 years in a federal penitentiary term after being convicted of murdering his four-year-old niece.
The missing evidence, a piece of body tissue, was discovered recently by a member of Barry McLellan?s staff. McLellan is Ontario?s Chief Coroner.
This discovery last week forced McLellan to announce an investigation into the deaths of 40 children involving Smith, the controversial pathologist who wrongfully accused a Coniston woman of murdering her 11-month-old son 10 years ago.
The investigation will see forensic experts examine 40 cases where Smith conducted an autopsy or provided an expert opinion since 1991 at Toronto?s Hospital For Sick Children.
In another controversial case involving Smith, a Kingston woman served three years in jail after Smith ruled she?d stabbed her child 80 times. She was only exonerated when other experts concluded a dog was responsible for the attack.
Lianne Thibeault, 31, knows all about Smith and the ramifications of his decisions.
Smith ruled Nicholas Thibeault, 11 months, was killed by his mother on Nov. 30, 1995.
Thibeault?s son bumped his head hard and stopped breathing. She immediately rushed her son to a neighbour, a registered nurse, and she applied
CPR. The boy was rushed to hospital, but was pronounced dead.
Police interrogated Thibeault and accused her of murdering her son, based on Smith?s autopsy report.
Six months after being interrogated by police, an attorney in the local Crown attorney?s office called Thibeault and her father into an office and told
them they had no evidence to proceed with any criminal charges.
Even after being cleared by police, Lianne?s nightmare did not end and again it was all because of Smith.
Smith was not satisfied with the decision to not lay charges and contacted the local Children?s Aid Society (CAS), said Maurice Gagnon, Thibeault?s father.
?The Crown had no case, but I?ve confirmed from the CAS that Smith stayed involved and told workers he was 98 percent sure my daughter had killed her son and because she was pregnant, was worried she might kill her next child,? he said.
The CAS immediately filed an application to seize the newborn at birth and told Thibeault?s husband that if he left her, he would have a good chance of getting sole custody of his baby, said Gagnon.
When that baby girl was born, the CAS seized her and the baby was placed with Gagnon and his wife. Lianne could only see her baby in the presence of a CAS worker.
It took eight weeks of family court hearings before Lianne was allowed to be alone with her baby, but she and her husband had to agree to move in with Lianne?s parents, which they did.
The CAS only backed off when the chief coroner ordered a second opinion and an American pathologist, Dr. Mary Case exonerated Lianne of any wrongdoing.
Case?s report discredited Smith?s findings and blasted the doctor for the conclusions he made blaming an innocent woman.
?Dr. Case made it very clear there were absolutely no grounds for any consideration of homicide, there were no signs of blunt trauma and absolutely no suspicion of foul play,? said Gagnon.
No one from the CAS ever offered an apology, said Thibeault.
Thibeault and her father don?t know if Smith is incompetent, dangerous or believes he?s infallible.
?I believe it?s a combination of a lot of things,? said Thibeault. ?His record clearly shows he?s incompetent as there?s proof he?s hidden key evidence
in numerous cases...and after dealing with him and trying to obtain records, I can verify he has a God complex.
?He?s a megalomaniac who believes he?s incapable of making mistakes and that?s frightening. This investigation proves to me how dangerous he is because they?re looking at so many old cases he?s been involved in.?
If the investigation concludes Smith purposely hid evidence or lied under oath, he should be facing criminal charges, she said.
?He should never be allowed to practice again if the investigation reveals what I believe it will,? he said. ?This man has been operating out of control
for several years and there has been absolutely no accountability to anyone.?
Gagnon is convinced numerous people serving time will be cleared of all wrongdoing. ?All these cases involving Dr. Smith have put innocent people like my daughter on trial,? he said. ?He says they?re guilty and we have to prove innocence, which is contrary to our legal system and bill of rights.?
Gagnon said he spent most of his life savings fighting the CAS and hiring lawyers to fight allegations made against his daughter.
?I do hope the investigation confirms Smith?s wrongdoing and the province has no choice but to compensate all the victims,? he said. ?That?s the least
that could be done considering all we?ve been through.
?This doctor is like a tornado and doesn?t realize the devastation he?s left behind. He leaves lives in ruin and I?m sure he goes to sleep with a clear conscience.?
Gagnon asked local police and the Crown?s office about bringing criminal charges against Smith, but was told there would not be sufficient evidence.
?Isn?t that ironic?? he asked rhetorically.
Lianne is now the mother of two young children.
Ten years after her son?s death, she can now talk about him with a smile on her face.
?Because of everything that happened, I often thought of Nicholas as an autopsy report, but now I can think back and remember him as my precious
son,? she said.
Thibeault has ?no doubt? Smith will lose his license to practice medicine once this review is completed. ?That?s all I want out of this,? she said. ?He
should never be allowed to practice medicine again if this investigation uncovers what I know it will.?
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