TORONTO - The Crown is consenting to an acquittal for a woman convicted of killing her four-month-old son largely on the basis of evidence from Dr. Charles Smith.
Findings from the now discredited pathologist led in part to Sherry Sherret-Robinson being convicted in 1999 of infanticide.
Smith found that baby Joshua died of asphyxiation and he was suspicious the death was a homicide due to a skull fracture and neck hemorrhages.
But fresh expert evidence outlined in documents filed by Sherret-Robinson's defence with Ontario's Appeal Court says there was no skull fracture and the hemorrhages were actually created during Smith's autopsy.
The new expert evidence also says the facts "reasonably support the conclusion" Joshua was accidentally smothered in an "unsafe sleeping environment."
Sherret-Robinson's case is scheduled for a hearing in the Appeal Court on Dec. 7 and documents indicate both the Crown and defence will be asking for her conviction to be set aside and an acquittal entered.
