01/29/08 (CAN):
Canadian Expert Was 'Self-Taught' Pathologist
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An experienced expert witness has admitted that he was self-taught in Pediatric Forensics and Pathology. Dr Charles Smith, who is medically qualified, became a leading light in his field in Canada where his testimony has led to a number of wrongful convictions.
For over 20 years he performed autopsies where the cause of death was questionable and made crucial errors, including coming to the conclusion that some were homicide victims when later examinations proved otherwise.
He has now admitted that his lack of formal training contributed to his errors, as he appeared before a recent inquiry in Toronto. Crucially, Dr Smith also stated that he was "profoundly ignorant" of the role played by expert witnesses in cases, despite providing expert testimony in numerous criminal cases, and even lecturing to experts upon their role and duties to the court. He also conceded that, on several occasions, he failed to remain impartial when appearing in court as an expert witness and instead acted as an advocate for the prosecution.
The Ontario government ordered the investigation after it became apparent that the doctor made questionable findings in 20 cases out of a total of 45 dating back to 1991. At least seven of those have since been thrown out by courts.
He stopped performing autopsies in 2001 after several cases in which he was involved fell apart amid questions about the quality of his work.
Dr Smith is currently being sued by a number of wrongly convicted defendants in cases where he has previously testified.
During a later stage of the proceedings, lead counsel for the Commission, Linda Rothstein, repeatedly questioned Dr Smith about his recollection of severe criticism in a 1991 case from Mr Justice Dunn, where he had wrongly determined that a baby girl had died as a result of being violently shaken. Instead of reporting the Judge's comments to his superiors the Doctor was to tell colleagues that the Judge had praised his work in a private meeting. The Judge later filed an affidavit with the Commission that no such meeting ever took place.
The hearing continues.
© X-Pro 2008
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