Subject: X-RAY that was withheld from disclosure and was allowed to be acquired only after guilty verdict.
- Taken 2012 Mar 13 Cardston AB
- Not included in Medical examiners file.
- lacking in Right Plural Empyema listed on Medical Examiners Autopsy Report. Report referred to as cause of Bacterial Meningitis. No Empyema = no bacterial meningitis? Why was X-Ray left out of disclosure? Doctors could have been cross examined on XRay unlike more technical CT scans. Would Autopsy report be tossed if cause of death was disproved?
- Acquired after guilty verdict.
- Processed 04/05/16
- Security involved when requested from Cardston Hospital. Threatened to withhold for 30 days.
- Lethbridge regional did not seem to recognize the file. No issue acquiring from there.
- Disclosure law? Rules of court?
- Court Deems Medical Examiner evidence critical to trial. See page 120 of trial transcripts.
- Court was led to believe that the entire medical examiner file was provided to Defense counsel.
- Clear Section 7 Charter violation. Refer for Charter Challenge