Missing infant brain, dropped murder charge a concern for child advocate

The Newfoundland and Labrador youth and child advocate says the system failed a four-month-old boy from Labrador, when it allowed crucial evidence into his death to go missing.

• Murder charge withdrawn against Sheshatshiu father accused in infant son's death
• Emotions high as murder suspect Thomas Michel granted bail
• Sheshatshiu father in court, accused in baby's death

Carol Chafe said Friday that her reaction was "one of shock and disbelief and dismay," to hear that the Office of the Chief Medical Examiner could not find the boy's brain.

"I want to know how this human tissue of a child could go missing and then ultimately not allow him to get the proper due process, so that someone is held accountable for his death," said Chafe.

Chafe has contacted the departments of health and justice to ask what went wrong, and has been assured they will review the case and tell her what measures will be put in place to keep such a case from happening again.

Chafe is already reviewing the death of Matthew Rich and looking at the services provided to him during his short life.

Rich died in October 2013. His father, Thomas Michel of Sheshatshiu, was charged with second-degree murder a month later — but those charges were dropped Thursday.

The Crown said that the brain was crucial evidence that needed to be examined by experts in forensic pathology and neuropathology, and without it there was no reasonable prospect of conviction.

A statement from the Office of the Medical Examiner said the policy of the office is to "maintain relevant autopsy tissue for independent review."

However, in the case of Matthew Rich, the statement said, it appears "the specimen may have been inadvertently disposed."

Chafe said extra measures have to be put in place whenever autopsy results are to be used in a criminal trial, especially one relating to a child's death.  

"For a young, four-month-old child to lose his life, to have it stolen so early and now not to get the proper process," she said. "Obviously there are gaps. They have to be addressed."