Manslaughter accused appeal decision to reopen inquiry

A Calgary couple charged with manslaughter in the death of a fiveyear-old boy is appealing the result of a judge’s decision to briefly reopen their preliminary inquiry next month.

A notice of appeal filed Aug. 27 contends Justice Richard Neufeld erred in retaining a November trial date for Allan and Carolina Perdomo despite agreeing to reopen the hearing for one day so their lawyer could question the lead investigator. The couple was committed to stand trial last year in the death of Eneas Emilio Perdomo, who died in July 2015, five months after arriving in Canada from Mexico. He died in hospital from a head injury.

Police have said Allan Perdomo was the biological grandfather of the boy and Carolina Perdomo was his step-grandmother. The two accused are currently free on bail.

In June 2017, following the preliminary inquiry, a provincial court judge ruled there was enough evidence to have the couple stand trial, scheduled to begin Nov. 13.

Their appeal argues the decision to reopen the hearing should quash the indictment and return the case to provincial court.