Parents convicted in child’s death to get new trial

TORONTO — A couple convicted of manslaughter six years ago in the apparent starvation death of their two-year-old daughter should get a new trial, Ontario’s top court has ruled.

In making this week’s decision, the Court of Appeal allowed the couple to put forward new evidence suggesting two prosecution experts had been mistaken.

“The medical issues raised by the fresh evidence are complex,” the court said. “The basis of liability to which they are directed was the linchpin of the case for the Crown at trial.”

A jury convicted the couple, Sean and Maria Hosannah, of Brampton, Ont., in October 2014 following the death of their 27-month-old daughter, Matinah, in February 2011. Superior Court Justice John Sproat sentenced them to about two years, saying there was no evidence the near-vegan couple had deliberately starved the girl.

The Hosannahs were released from custody pending the appeal outcome.

Evidence was that Matinah died in her mother’s arms. The prosecution argued the Hosannahs had failed to provide her with the necessaities of life by not feeding her properly or getting her medical attention. While they did not testify, the defence argued they were good parents who were deeply distressed by Matinah’s death.

Much of the prosecution’s case rested on the evidence of the province’s chief forensic pathologist, Dr. Michael Pollanen, who testified the girl was severely malnourished.