Ontario’s Divisional Court has resoundingly rejected a plea to intervene in a bitter dispute over Chief Forensic Pathologist Dr. Michael Pollanen’s conduct in a controversial case involving the death of an infant.
over the cause of Alexander’s death. He said he did not conclude that the baby had been abused, but rather that the underlying cause of mysterious fractures found on his body after he died had not been explained.Turner’s lawyer, Sujit Choudhry, said: “Dr. Turner does not agree with the factual conclusions reached by the Divisional Court. We continue to carefully review the judgment and will have no further comment at this time.
The oversight council reviewed Turner’s complaint and issued 13 systemic recommendations, mostly aimed at improving the forensic pathology service. But she believed the council did not take appropriate action, including failing “to make any factual findings whatsoever,” despite having the power to do so.
She implored a panel of three judges to send her complaint back to the oversight council for reconsideration, allow her to present new evidence and to direct the council to refer to Pollanen’s superiors “any portion of the complaint … which are more appropriately dealt with by them.”In a scathing rebuke issued last week, the court dismissed Turner’s application.
In response to questions from the Star for this story, Pollanen’s lawyer pointed to these findings by the court, as well as its conclusion that “the root” of Turner’s application was “not the concern for the treatment of the death of the child but an effort seeking the removal of Dr. Michael Pollanen from his position as the Chief Forensic Pathologist.”
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