Parents concealed tot’s injury, police say in defence statement
A Strathroy couple suing police and a daycare over the death of their toddler failed to report for 16 days that their child had been injured at home, StrathroyCaradoc police claim.
The parents also failed to reveal for those 16 days a photograph that showed a bruise and red mark on the toddler’s forehead taken after he’d been struck by a door at home, contrary to their first statement to investigators, Strathroy-Caradoc police services claim in a recently filed statement of defence. Strathroy-Caradoc police are seeking to have the legal action against the service and its officers dismissed, calling the legal action “frivolous and vexatious, an abuse of the court process” and “unwarranted and unjustified … and brought to harass and otherwise damage” the reputation of police. The police service’s statement of defence comes after a claim, counterclaim and two other statements of defence all focused on the October 2015 death of one-year-old Nathaniel Wayne McLellan. No one has been charged in the death, and the criminal investigation remains open, leaving civil claims to expose the heartbreak, accusations and recriminations in the aftermath of the death. Nathaniel was born July 16, 2014, to Rose-Anne Van De Wiele and Kent McLellan.
He died Oct. 31, 2015, the cause of death determined to be bluntforce head trauma, the different legal claims agree. Nathaniel’s parents are suing the boy’s daycare provider, Meggin and Brian Van Hoof, claiming he was injured while in their care. The parents are also suing Strathroy-Caradoc police and OPP, claiming police targeted them as suspects, conducted a corrupt, biased and negligent investigation rife with trickery and deception and ignored evidence against the daycare providers, who were friends with some police officers. The Van Hoofs have filed a statement of defence and counterclaim, alleging the parents harassed them and made false statements to the media even though police cleared the Van Hoofs of any wrongdoing.
None of the allegations in the original claim, the counterclaim or the statements of defence has been dealt with in court. Representatives of all parties in the legal action have declined to comment.
In their statement of claim filed last fall, Nathaniel’s parents say they left their healthy and alert toddler at a daycare in Strathroy about 8:30 a.m. Oct. 27, 2015. Daycare provider Meggin Van Hoof called about 11:50 a.m. and said Nathaniel had fallen, could not hold his head and was falling asleep, the parents claim. Nathaniel was taken to London Health Sciences Centre, where a CT scan showed a blood clot in the brain and an eight-centimetre skull fracture and an MRI two days later determined further brain and spine injury, the parents’ lawsuit contends.
On Oct. 31, he was taken off life support and died about 9:34 p.m. in his mother’s arms, the parents’ lawsuit states.
An autopsy confirmed his death was due to severe, recent bluntforce trauma, possibly by a blow to the head, a head impact after a fall or a collision between his head in motion and a hard surface, the parents claim. Strathroy-Carodoc police started an investigation, and were eventually joined by the OPP.
The OPP has also filed a statement of defence, claiming its investigation was thorough and professional, and never considered the parents as suspects. Strathroy-Caradoc police make a similar defence in a statement filed two weeks ago, and state the coroner has been unable to determine the timing or nature of the injury that caused Nathaniel’s death.