Disgraced pathologist's work continued despite concerns
Thursday, November 15
- Organization: CanWest
Not only was he still being assigned post-mortems in non-criminal cases, but Smith continued to supervise others who did autopsies in suspected child-abuse deaths from the time the controversy erupted around 2000 - until 2004, witnesses testified.
By mid-2002, when Dr. Barry McLellan had taken over as acting chief coroner, the pathologist's work had been criticized publicly in at least five cases. They included two where the Crown withdrew charges and one where a key piece of evidence got lost in Smith's office for four years.
McLellan said he urged Dr. James Young, for whom he was filling in, to remove the pathologist from all his official duties for the coroner, which included being director of Ontario's pediatric forensic pathology unit. His suggestion was rejected by Young, then working as Ontario's public-safety commissioner.
"My concern was about how family members and other members of the death-investigation team might feel (about the controversial pathologist keeping his job)," said McLellan. "Dr. Young did not share the same level of concern and thought it was important that Dr. Smith continue in those roles."
Though he was acting head of the coroner's office, McLellan agreed that Young would be responsible for overseeing the beleaguered pathologist, he told the inquiry.
It was not until May 2004, just after McLellan became permanent chief coroner, that he convinced Smith to step down as head of the child forensic pathology unit.
A few months earlier, he had resigned his positions on the province's pediatric death review committee and another, related committee.
In 2005, McLellan ordered the review of Smith's cases by outside experts that triggered the public inquiry.
Those experts found serious errors by the pathologist in 20 of 45 deaths between 1991 and 2001 where criminal acts were suspected.
Parents or other close relatives had been charged with homicide in most of the cases, though several have since been cleared.
