Conviction in baby’s suffocation struck over faulty Charles Smith pathology
TORONTO — A man who pleaded guilty to killing his baby daughter in a fit of frustration almost two decades ago should get a new trial given the involvement of disgraced pathologist Dr. Charles Smith, Ontario’s top court ruled on Wednesday.
The decision by O’Neil Blackett to take a manslaughter plea deal in 2001 was done in anticipation of Smith’s testimony that the little girl had been murdered, the Court of Appeal said.
“This is one of those cases where, despite the passage of time since the plea was entered, this court should exercise its power to set aside the guilty plea in the interests of justice,” the Appeal Court ruled. “Fresh evidence establishes that absent Dr. Smith’s flawed opinion, the appellant would not have pleaded guilty.”
The case arose in February 1999, when Blackett was looking after his 13-month-old daughter, Tamara Thomas, who had a history of breathing and intestinal problems for which she had on an occasion needed hospital care. When her mother returned from running errands to her apartment in Toronto’s east end, she found Tamara lifeless in her playpen.