AIDWYC Exonerations: Individual Cases

Dinesh Kumar

On January 20, 2011 the Ontario Court of Appeal set aside the conviction of Dinesh Kumar and entered an acquittal on charges stemming from the March 17, 1992 death of Mr. Kumar's infant son, Gaurov.  

Mr. Kumar, who in 1992 faced a charge of second-degree murder, pleaded guilty to criminal negligence causing death. The then-unassailable anticipated evidence of Dr. Charles Smith played a major role in his decision to seek a plea agreement. Following the discrediting of Dr. Smith, medical review of his findings found that Dr. Smith's findings of 'shaken baby syndrome' were unsustainable, and that Gaurov likely suffered from injuries sustained at birth.  

In the context of his arguments, James Lockyer asked the Court to consider finding that Shaken Baby Syndrome, which Dr. Smith opined had been the cause of Gaurov Kumar's death, can no longer be reasonably considered a 'diagnosis' and should instead be treated, in the province's courts, as a 'hypothesis'. The Court declined to do so, but on the facts held that the mistaken diagnosis of shaken baby syndrome in Gaurov's case had led to a miscarriage of justice against Mr. Kumar.