Great! Negligent forensic scientist gets stung!

Far too rare

Ontario's highest court ruled yesterday that an embattled pathologist must pay $44,000 to a woman who is filing a lawsuit against him. Louise Reynolds was cleared to proceed with a suit against Charles Smith last month, nearly a decade after she served jail time in connection with her daughter's death. Dr. Smith's autopsy found that seven-year-old Sharon died from multiple stab wounds, but later investigations revealed she was mauled by a pit bull. Ms. Reynolds's suit claims Dr. Smith performed a negligent autopsy on her daughter.

Yesterday's ruling by the Ontario Court of Appeal says Dr. Smith must pay Ms. Reynolds $44,000 within 30 days. The money is intended to cover her legal costs incurred during previous court proceedings and her recent appeal. The ruling stated that Ms. Reynolds, who currently has no money, has been receiving pro bono legal services in her continuing attempts to "have her day in court."

The ruling is meant to ensure that Ms. Reynolds and others in similar circumstances have fair access to the justice system, according to the court. Dr. Smith is at the centre of a provincial inquiry after a coroner's review raised concerns about 20 of 45 child autopsies he performed since 1991. Of the 20 questionable cases, 12 resulted in criminal convictions, while one ended with a finding of not criminally responsible. No date has been set for the commencement of Ms. Reynolds's lawsuit.

Report here



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