Manslaughter case put off until Dec. 16

Accused’s lawyer change caused delay

The Strathroy woman charged with manslaughter in the death of toddler Nathaniel McLellan has changed lawyers, causing a delay in the case moving forward.

Meggin Van Hoof has retained London criminal lawyer Jenny Prosser, court heard Thursday. London lawyer Peter Downing had been representing Van Hoof.

Prosser told the Ontario Court of Justice that she has just been retained and needs time to go through the disclosure the Crown attorney provided earlier. Court set Dec. 16 as the date to return, presumably to set a date for a trial.

Van Hoof, 42, was charged June 23 with manslaughter in Nathaniel’s death in 2015. A Toronto Star series, Death in a Small Town, delved into the mysterious case of the 15month-old.

Van Hoof was arrested one week after the Star series was published and released on bail.

In September, Downing, her former lawyer, told court that he had not received all of the disclosure from the Crown. Court agreed the case would come back in two months. On Wednesday, Downing was not in court, but the new lawyer, Prosser, was.

There was a brief discussion in court about a legal technicality. Van Hoof did not appear in court — Downing was to be there on her behalf. With Downing getting permission from the court to be removed as legal counsel for Van Hoof — and with Prosser only just taking over her defence and the formal paperwork not filled out — that meant that on paper Van Hoof did not fulfil her responsibility to either be in court or have her designate there. As a result, at the request of new lawyer Prosser, the court issued a “bench warrant with discretion.” That means that, should Van Hoof or her new lawyer not appear in court in December, Van Hoof could be arrested for breaching bail conditions.

Prosser told court that she had only been retained in the last few days, and that she had been in touch with both Downing and the Crown. She said the Dec. 16 date “should be enough time to get the disclosure and move this matter forward.”

The Star tried to reach Prosser by phone and email, but she has not yet responded.

Nathaniel was in the care of Van Hoof on Oct. 27, 2015 when, as the Star series detailed, he went into distress. Van Hoof called RoseAnne, Nathaniel’s mother, who picked her son up and rushed him to hospital.

Doctors determined he had a fracture in the back of his skull, an injury that led to him being declared brain dead and removed from life support on Oct. 31, 2015.

On Thursday, Rose-Anne was in court by Zoom. Outside court, she said she hopes there will be no more delays.

“(As) part of honouring the memory of our son and our children’s brother Nathaniel, our family will continue to remain patient yet steadfastly resolute in our quest for justice. As a family we continue to mourn his loss, but we will forever be the voice for Nathaniel,” she said.