The defence attempting to convince the judge of several final points as David and Collet Stephan’s re-trial nears an end in Lethbridge Court of Queen’s Bench.

The couple is accused of failing to provide the necessaries of life in the death of their toddler son Ezekial in 2012.

David himself and lawyers on behalf of Collet point out the couple gave false statements to doctors and police due to a lack of sleep and food as well as high stress, some key medical evidence is either unreliable or absent, and that the Stephans are prudent, loving parents that would have taken their son to the hospital sooner, had they known something was terribly wrong.

The defence also argues it’s possible Ezekial contracted bacterial meningitis during his hospital stay and he actually died due to a hypoxic brain injury, or lack of oxygen, when he stopped breathing and the ambulance was not properly equipped to intubate the young boy.

The Crown, meanwhile, says the Stephans endangered Ezekiel’s life, by failing to respond to what she believes was increasingly alarming information.

Justice Terry Clackson will give his verdict on September 19th.