The trial of a man accused of manslaughter in the death of his grandson was supposed to wrap up today but because the judge says the evidence presented might also point to criminal negligence, the trial is being extended and may wrap up in the New Year.
One year old Kody Smart died in 2015 while in the care of his grandfather Brian Matthews. Since the beginning of the trial, Matthews and his lawyers have stuck by the theory that an 80 pound family dog jumped off the couch and knocked the boy over causing injuries that ultimately lead to Kody’s death and argue that the injuries weren’t inflicted by Matthews.
But the judge presented a flaw in the defence by saying that leaving an unsupervised baby with a big dog could in itself be viewed as criminal negligence causing death. A game changer for Matthews lawyers.
“It changes the complexion of things, and again we will have to take sometime, get some firm instruct from him and make sure he understands how the case has changed.” Kimberley Vanderlee, Matthews’ lawyer.
Justice Joseph Nadel has given the defence more time to defend their client against criminal negligence, although manslaughter is not off the table. The judge says just because he’s considering criminal negligence, doesn’t mean he’s come to any conclusions.
Kody was taken from his parents by Niagara Family and Children’s Services and put in the care of Matthews, even though he had been convicted of abusing his infant son 20 years earlier. In a statement made today to CHCH News, Children’s Aid says they are reviewing the trial and are always examining their practices to improve their service.