"If we're really going to restore public confidence in pediatric forensic pathology ... one of the things that we must do is try and ensure that any miscarriages of justice that may have occurred ... must be found and sorted out as soon as possible," lawyer James Lockyer said yesterday.

He is representing nine individuals who were implicated, charged or convicted in the deaths of children based on autopsies or a consulting opinion from pathologist Dr. Charles Smith. In one case an individual was recently acquitted. In other cases, people are looking to have their names cleared.

It was mistakes made by Smith that prompted the province to call the Inquiry into Pediatric Pathology.

"One of the obvious problems that arises out of the review conducted (into) Dr. Smith's work is that we now have a whole series of cases that do have to be addressed by the criminal justice system," Lockyer said, appealing to Commissioner Stephen Goudge to make a recommendation on how to resolve the cases.

Proposing one possible solution, Lockyer suggested the creation of an independent body similar to the United Kingdom's Criminal Case Review Commission, which examines miscarriages of justice.

The lawyer also proposed that all relevant parties in each case be brought together in a bid to fast-track a resolution.

"If you Mr. Commissioner can ... make recommendations that could help speed up that process, then you are surely fulfilling your role in restoring and enhancing public confidence in the pediatric forensic pathology system in this province," Lockyer told Goudge.

Lockyer indicated there could be other child-death cases out there where scientific evidence was bungled by other pathologists. Lockyer noted that Smith wasn't the only pathologist working in the mid-'90s when a "think dirty" culture of enforcement towards the deaths of children prevailed.

He pointed to a January 2007 memo from Dr. Michael Pollanen, chief pathologist for Ontario, to Dr. Barry McLellan, then chief coroner for Ontario. It states that there were 50 cases where children and infants died of head injuries. They were all deemed homicides. It's uncertain how many resulted in convictions.

"We've got to look a lot broader than just Dr. Smith's cases," Lockyer said.

"It is not the job of a forensic pathologist to be an advocate," Pollanen responded

"The role of a forensic pathologist is that of a witness and in my view that is the best way that a forensic pathologist can interact with the system," Pollanen added.

Lockyer put the same question to McLellan, who responded that any decision by the province to review child-death investigations would have to come from the Ministry of the Attorney General.