TORONTO – Ontario’s highest court has acquitted a man who pleaded guilty in the death of his infant son because of testimony from now-disgraced pathologist Charles Smith.
Both the Crown and defence asked the justices to acquit Richard Brant, with the Crown conceding there was a miscarriage of justice.
Today the Ontario Court of Appeal set aside the conviction and ordered Brant acquitted.
Brant was charged with manslaughter in 1993 in the death of his two-month-old baby’s death and eventually pleaded guilty to aggravated assault.
A pathologist listed pneumonia and respiratory failure as causes of death but Smith examined the case and concluded the boy likely died from shaken baby syndrome.
The Crown said today Brant’s plea was affected by Smith’s reputation which no longer stands.
Smith was once considered an expert on child forensic pathology but an inquiry found that errors in his work were responsible for several people being wrongfully convicted and sent to prison.
His medical licence was revoked earlier this year.
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