David and Collet Stephan (Lethbridge News Now file)

By Dori Modney

Crown files appeal in David and Collet Stephan case

Oct 15, 2019 | 10:13 AM

LETHBRIDGE — Information released Tuesday (Oct 15) morning, confirms the Crown will be appealing the David and Collet Stephan case.

The couple were acquitted on September 19th, of failing to provide the necessaries of life in the death of 19-month-old Ezekiel, who contracted bacterial meningitis in 2012.

After their second trial, Justice T. D Clackson determined the original medical examiner found the boy died of the infection, and Clackson sided with the defence expert who said it was a lack of oxygen.

In his decision, the judge noted the Nigerian-born medical examiner spoke with an accent and was hard to understand.

Grounds for Appeal include:

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1) The trial judge erred in law by finding that as an element of the offender under s. 215(2)(b) of the Criminal Code, the Crown had to prove that the Stephans taking Ezekiel to a doctor would have saved his life;

2) The trial judge erred in law in establishing a medical standard unknown to law;

3) The trial judge’s comments in the trial gave rise to a reasonable apprehension of bias;

4) The trial judge erred in assessing credibility by taking into account irrelevant considerations;

5) Such further other grounds as counsel may advise.

A Notice to the Respondents indicates that should they want a lawyer appointed by Legal Aid Alberta, they are to apply immediately. A date for a hearing of the appeal has not yet been set.