Ontario’s Court of Appeal has upheld second-degree murder convictions against a Toronto couple who killed a seven-year-old boy in one of the most egregious cases of child abuse in Canadian history.
Lawyers for Marcia Dooley, 39, and her husband, Tony Dooley, 43, sought a new trial, arguing Ontario Superior Court Judge Eugene Ewaschuk made errors in law while instructing the jury in the original case, resulting in convictions based on emotion, rather than facts. The couple’s lawyers argued that Judge Ewaschuk’s referral to the victim as "poor, pitiful Randal" while addressing the jury affected the way it saw the case.
However, Justice David Doherty of the Ontario Court of Appeal dismissed those arguments Tuesday and said there were no errors in law.
An autopsy revealed that Randal had died of brain injuries likely caused by repeated shaking. The boy, who died at his Scarborough home in September 1998, was found to have a lacerated liver, 13 broken ribs and a tooth in his stomach at the time of his death.
Pathologists who testified said the boy had been kicked and stomped on.
At the time of sentencing in the original trial, Judge Ewaschuk referred to the case as the worst instance of child abuse in Canadian history.
The couple also sought to reduce the time they must serve before becoming eligible for parole, a request the Court of Appeal refused.
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