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Stephan’s case not over, Crown plans appeal of recent acquittal

The case against David and Collet Stephan isn’t over yet.

The Crown has filed a notice of appeal following the recent acquittal in Lethbridge Court of Queen’s Bench.

Last month, the Stephan’s were found not guilty in a retrial.

In his decision, the judge felt Ezekiel had viral, not bacterial meningitis and that he actually died from a lack of oxygen when an ambulance was not properly equipped to intubate him.

You can read our full story on the trial acquittal here: David and Collet Stephan found not guilty in son’s death

The Crown however plans to appeal on five grounds, including “the trial judge’s comments in the trial gave rise to a reasonable apprehension of bias.”

Justice Terry Clackson said the medical examiner called by the Crown, Dr. Bamidele Adeagbo, was hard to understand and spoke with an accent.

The Crown’s notice also says the judge erred in law when he said the Crown had to prove that taking the Stephan’s son to a doctor would have saved his life.

Crown’s Grounds for Appeal

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 Stephan’s 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.

Patrick Siedlecki
Patrick Siedlecki
Pat has been a mainstay in the CJOC News department from the time the station launched in 2007. He's been in the position of News Director since then and has been anchoring daily news casts as well as reporting and working behind the scenes. Community is important to him and keeping CJOC listeners and readers informed about what's happening across southern Alberta and beyond. Pat has been in radio broadcasting for the past 24 years, starting in Port Alberni on Vancouver Island in 1997 and then moving up island to Nanaimo for another few years before heading to Lethbridge in 2007. Pat grew up in the small Saskatchewan farming town of Foam Lake. After high school, he went to Western Academy Broadcasting College (WABC) in Saskatoon prior to moving to the island. Pat also spent several years broadcasting hockey in the BCHL as well as seven years as the radio voice of the Lethbridge Hurricanes in the WHL. Pat has been working at Cornerstone Funeral Home in Lethbridge as a Certified Life Celebrant and Funeral Assistant since 2016. News and sports have always been Pat's passion from the time he was a teenager and he's always been grateful to have had the opportunity to make that part of what's been a fun and long radio career!
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