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Dr. Alain Sirard: Quebec; (Part 4): Commentary: La Presse Editorialist Ariane Krol writes that the closure of his files (following the physicians tragic death, should not make us forget the tragedy experienced by parents who, when coming to have their child treated, are mistakenly suspected of being ill-treated - and asks "how did this happen?"..." A report by our colleague, Louise Leduc, in the spring of 2013, and a report from the CBC in the fall, related the traumatic experience of parents who were reported to the Protection (DPJ) after bringing their child to the Sainte-Justine University Hospital Center: their innocence was finally recognized, the way to achieve it has taken on the appearance of Calvary. How did this happen?"

Next: Iwao Hakamada: Japan; False confessions series: (Part 1)... Application for leave to appeal conviction based on faked evidence which has placed the former boxer on Japan's death row for more than three decades..."He was released in March 2014 after the Shizuoka District Court ordered a retrial, having concluded that his conviction was likely based on faked evidence. Defense lawyers pressing for an early retrial presented documents to the Tokyo High Court on Dec. 21, highlighting apparent brazen violations of procedures during Hakamada's interrogation."..."The high court is weighing whether to hear Hakamada’s case. Prosecutors have appealed the district court decision. Hakamada, who is from Hamamatsu in the prefecture, had his death penalty finalized in 1980. Defense lawyers said 24 tape recordings of Hakamada being questioned were discovered at the police storage room in October 2014. The tapes recorded interrogations between his arrest on Aug. 18, 1966, and late September that year after he was indicted. The lawyers played the tapes to get a better grasp of how the interrogation was carried out."..."They said a session on Sept. 4 was particularly problematic as it appeared Hakamada was deprived of the use of restroom facilities, as he later testified in court. On the tape, an investigator trying to get him to confess, says, “It must be the case.” After more exchanges with the investigator, Hakamada says, “I would like to use the bathroom.” The investigator responds, “Why don’t you reply (to my question) before doing so?” Lawyers said the recording makes clear that Hakamada had to urinate inside the interrogation room. “Get a lavatory pan. Let him urinate here,” the interrogator is heard saying. During his trial at the Shizuoka District Court in December 1967, Hakamada testified that he was forced to urinate in the interrogation room. “I was not permitted to go to restroom on many occasions,” he said. “I was not permitted to do it properly.” The interrogator in question denied Hakamada’s account when he appeared in court as a witness in 1968.“There never was such a thing,” he said. The defense team also said that among the tapes were recordings of conversations between Hakamada and his lawyers, suggesting that the police eavesdropped on them."
Previous: Flawed forensics: Commentary: reason C.J. Ciaramella of 'Reason': "Forensic Science Is a mess, and the Justice Department wants to keep It that way."..."Despite these embarrassments, the Justice Department rejected PCAST's recommendations, which include requiring forensic experts to disclose high error rates in their testimony and discontinuing use of methods that haven't been independently verified. Attorney General Loretta Lynch told The Wall Street Journal that "the department believes that the current legal standards regarding the admissibility of forensic evidence are based on sound science and sound legal reasoning." One of those "sound" methods she's defending is bitemark analysis. But the PCAST report found that "available scientific evidence strongly suggests that examiners not only cannot identify the source of bitemark with reasonable accuracy, they cannot even consistently agree on whether an injury is a human bitemark."
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QUOTE OF THE DAY: "And what about the disarray of the parents who, even having nothing to reproach themselves, find themselves struggling with a report to the DPJ (protection agency) , and the ensuing  (hearing)? Who are forced to fight for, in some cases, custody of their child and, in any case, to prove what they have always been - that is, innocent? We have seen their testimonies, it is an ordeal that one does not wish to his worst enemy."

Ariane Krol;  La Presse;

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COMMENTARY: "When good intentions turn to drama," by Ariane Krol , published by La Presse on December 11, 2016. (Thanks to Googe Translate. HL)...(Editorialist at La Presse, Ariane Krol wrote on the economy, consumption and new technologies. Journalist for nearly 20 years, she also worked as a columnist and TV reporter for Radio-Canada and LCN, and writes in many magazines, including The News and Chatelaine.)

SUB-HEADING:  "Detecting cases of child maltreatment is difficult and complex," writes Ariane Krol. "

GIST:  "The tragic death of the pediatrician Alain Sirard draws attention to the investigations he was subjected to in his practice. This is understandable. The closure of these files should not, however, make us forget the tragedy experienced by parents who, when coming to have their child treated, are mistakenly suspected of being ill-treated. This issue must not be dismissed from the back. A report by our colleague, Louise Leduc, in the spring of 2013, and a report from the CBC in the fall, related the traumatic experience of parents who were reported to the Protection (DPJ) after bringing their child to the Sainte-Justine University Hospital Center: their innocence was finally recognized, the way to achieve it has taken on the appearance of Calvary. How did this happen? Many elements come into play. The Youth Protection Act is very broad. It requires the physician to report "without delay" any case where there is "reasonable cause to believe that the safety or development of a child is or may be considered to be compromised"; The detection of cases of child maltreatment is difficult and complex; Well-founded cases of maltreatment, pediatricians see fairly well, including from parents and caretakers at first sight above any suspicion; They also see uncertain cases confirmed in a terrible way, when a child who has not been reported on a previous visit or whose DYP has closed the file quickly returns to the hospital in a state that leaves no doubt; It is also possible that the DYP, even after receiving new diagnostic information that removes the suspicions that led to a report, may keep an open file for other reasons. The irreproachable parent is not necessarily aware or aware of all this by coming to the hospital. One can imagine the shock when, instead of being treated as a partner desirous of the well-being of his child, he finds himself in the dock, suspected or even insinuated. "Situations of possibility of maltreatment can be perceived very difficult by the parents, since the pediatrician is then, in his questions and explanations, to confront the statements of a parent; The doctor is not in the normal relationship of trust, "recognizes the hospital Sainte-Justine in an internal document. And what about the disarray of the parents who, even having nothing to reproach themselves, find themselves struggling with a report to the DPJ (protection agency) , and the ensuing  (hearing)? Who are forced to fight for, in some cases, custody of their child and, in any case, to prove what they have always been - that is, innocent? We have seen their testimonies, it is an ordeal that one does not wish to his worst enemy."

The entire commentary can be found at: 
 
https://translate.google.com/translate?hl=en&sl=fr&u=http://www.lapresse.ca/debats/editoriaux/ariane-krol/&prev=search

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog.

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