Lawyers got part way through closing arguments Wednesday, in the case of a former Strathroy couple charged in the scalding death of a 20-month-old toddler.
Thirty-year-old Amanda Dumont and 27-year-old Scott Bakker pleaded not guilty to a charge of criminal negligence causing death earlier this year, and pleaded not guilty to separate charges of failing to provide the necessaries of life.
In his final submissions, Bakker’s defence lawyer Gord Cudmore argued his client was not responsible for providing the necessaries of life when Ryker Daponte-Michaud was badly burned by a cup of hot coffee. Neither Dumont or Bakker sought medical treatment, and the toddler died from dehydration and shock on May 21, 2014.
“We must not impose this duty because there’s been a tragedy,” he said.
When Superior Court Justice Renee Pomerance said Bakker’s role in Ryker’s care was “more than a babysitter,” Cudmore agreed but said he didn’t “rise” to the level of guardian either.
Cudmore argued there must be a “settled, determined intention” when someone becomes a guardian, and that “just being there is not enough.”
He went on to call his client an “uneducated drug user” who “was always subservient” to Dumont when it came to the care of her children.
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Outside the courthouse Wednesday afternoon, Dumont’s defence lawyer, Ken Marley, told AM980 his client is spending the trial in a segregated jail cell at the Elgin-Middlesex Detention Centre (EMDC).
“They claim it’s for her protection, but it seems to me there were other options available to EMDC… the judge ordered that to happen twice, and they didn’t co-operate.”
He said the legal proceedings have been difficult for Dumont.
“Especially when they hear people say things they don’t agree with, especially when they remember things differently, especially when it’s hurtful. Because sometimes, especially in this trial, many family members of Dumont have testified essentially against her.”
It’s the second time the trial has gone before the court.
Roughly six months ago, the first trial was called off after Dumont, the child’s mother, became sick with appendicitis. She had surgery, but was unable to participate. The case was declared a mistrial in December 2016. A few days later, one of the jurors died by suicide.
Proceedings continue Wednesday at 10 a.m., when lawyers will continue to deliver their closing arguments. This time, the trial is being heard by judge alone.
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