Couple jailed in child’s death got unfair trial: lawyers
The lawyers for a Calgary couple convicted in the death of their son argued Thursday that the parents received an unfair trail.
Appeal counsel for Jennifer and Jeromie Clark argued the questioning of defence medical expert Dr. Anny Sauvageau by Crown prosecutor Shane Parker should have been interrupted by Justice Paul Jeffrey.
Both Alias Sanders and Andrea Serink said despite the fact their trial lawyers didn’t object repeatedly to Parker’s line of inquiry, it shouldn’t be considered defence strategy.
“There’s simply no way to put what happened here … (as) a tactical decision,” Serink said.
Justice Frans Slatter suggested the argument amounted to “we want another trial so we can try a different tactical approach.”
But both Serink and Sanders said the overall effect of Sauvageau’s cross-examination undermined the trial. “What we’re saying is, cumulatively what happened here was unfair,” Serink said. “The best person to see that is the trial judge.”
Both parents were convicted of charges of criminal negligence causing death and failing to provide the necessaries of life for their 14-month-old son, John.
Medical examiner Dr. Elizabeth Brooks-lim testified the child died from a staph infection related to malnutrition, but Sauvageau, a former chief medical examiner, suggested the child’s treatment in emergency was to blame.
Jurors ruled the couple were negligent in not ensuring the child was properly nourished in the days and weeks before taking him to the hospital less than 24 hours before he died on Nov. 29, 2013.
Both parents were sentenced to 32 months in jail for their roles in the boy’s treatment and death.
After hearing submissions from Serink and Sanders, the three-member Court of Appeal panel took a brief recess before returning to the hearing, held remotely via video link, and said they would rely on Crown prosecutor Brian Graff ’s written submissions alone to decide the case.