Charges have been stayed against a Winnipeg woman accused in the death of a baby found in a garbage bin.
Jeanene Moar had been charged with manslaughter and concealing the body of a child after a baby girl was found in a bin in the back lane of Boyd Avenue in May.
A Crown attorney said the decision to stay those charges was made following an autopsy.
A transcript of court proceedings from earlier this month, provided by the provincial government, shows the Crown felt it was not in a position to determine the cause of death or rule out natural causes.
“Mindful of our ongoing obligations to ensure that there remains both a reasonable likelihood of conviction and a public interest in proceeding as against a person charged, the Crown had recent communications with the forensic pathologist who performed the autopsy,” Crown attorney, Monica Turner is quoted as saying in the transcript.
“Following that discussion, we arrived at the conclusion that we would not be in a position to determine the cause of death – whether by unlawful act, otherwise unavoidable circumstances, or natural causes.
“As a result, we are no longer satisfied that there is a reasonable likelihood of convicting Ms. Moar for any offence arising from these unfortunate circumstances.”
At the time of Moar’s arrest, police said they believed the infant was born at a home nearby and was alive when she was placed in the bin.
Moar’s lawyer, Adam Hodge, said Moar spent about four months in custody before being released.
In an interview Monday Hodge said he wasn’t surprised to see the charges stayed.
“We were always of the belief that that there was no evidence that what our client did had caused the death of the infant,” he said.
“And, so, we believe that she was always innocent.”
Hodge said the crown has a year to reinstitute charges after a stay of proceedings has been entered, but he’s doubtful that will happen in this case.
Winnipeg police had no comment Monday, calling it “primarily a court matter.”
Hodge said Moar, who he described as a vulnerable person, is grateful to now be at home with her family.
“I think, you know, ultimately the end result is the correct one and the appropriate one and hopefully, you know, her and her family can get peace.”
–With files from The Canadian Press