Jeffrey Manishen represents the O.C.L.A. at the Inquiry into Pediatric Forensic Pathology

Friday, March 7, 2008

Jeffrey Manishen, Ross & McBride's criminal law specialist, has been appearing as one of four counsel representing the Ontario Criminal Lawyers' Association at the Inquiry into Pediatric Forensic Pathology in Ontario chaired by Commissioner Stephen Goudge.

A central focus of the Inquiry, which heard evidence between November, 2007 and February, 2008, was the testimony of discredited pediatric pathologist Dr. Charles Smith in several child homicide cases. Jeff questioned international panels of forensic pathologists who identified serious problems with Smith's work, cross-examined Smith himself on aspects of his testimony and discussed with former Ontario Chief Justice Patrick Lesage and current Ontario Court of Appeal Justice Marc Rosenberg the issues surrounding the qualification of witnesses to give expert testimony.

This wasn't the first time Jeff crossed paths with Dr. Smith, having previously successfully defended a Cayuga man charged with second-degree murder in the death of his infant son in proceedings at which Dr. Smith was the Crown's main witness called in support of their theory that the child died as a result of the Shaken Baby Syndrome. Since then, Jeff has written and lectured on the defence of a Shaken Baby Syndrome case and was one of the co-chairs of an educational program put on by the Office of the Chief Coroner of Ontario for provincial forensic pathologists in Niagara Falls in 2006.

Jeff will be participating with his colleagues in preparing written submissions for the Inquiry over the next month.

The daily transcripts of the proceedings at the Inquiry may be found at www.goudgeinquiry.ca.

In addition, the Globe and Mail covered Jeff's participation on two occasions. The Globe and Mail articles are dated November 13, 2007 and February 23, 2008 and can be found on the Globe and Mail’s website at www.globeandmail.com.