Colin James Matchim, convicted of aggravated assault for shaking his baby daughter and causing serious and permanent injury, is still waiting to be sentenced. However, his defence lawyers have filed an application to reopen the case. — Telegram file photo
It’s been more than a year since Colin James Matchim was found guilty of shaking his infant daughter, causing her brain damage.
He has yet to be sentenced.
That’s because shortly after he was convicted, his lawyers filed an application to reopen the case.
A hearing to present arguments hasn’t been scheduled yet since lawyers were waiting on medical experts to review the evidence.
When the case was called Wednesday in Newfoundland Supreme Court in St. John’s, prosecutor Phil LeFeuvre told the judge he was still waiting on the availability of the Crown’s medical expert.
But the judge made it clear — no more delays.
Justice Wayne Dymond insisted a hearing date be set so the case could move along.
It was agreed to set the hearing for Oct. 1.
Matchim, 26, was found guilty of aggravated assault in May 2011 following a 17-day trial.
The charge was laid following an incident that happened in March 2009, when Matchim was said to have caused his 3 1/2-month-old daughter's brain injuries by shaking her.
Matchim had been in custody for 10 months, but was granted bail March 16 after his lawyers filed an application to have him released. LeFeuvre consented with the stipulation that Matchim adhere to strict conditions.
Matchim, who had to post two $25,000 sureties, must live with his parents in Sandy Cove and stay away from the Avalon Peninsula except to attend court. He was ordered to have no communication, directly or indirectly, with his daughter or his daughter’s mother.
He cannot have access to the Internet, a computer or cellphone, and must adhere to a curfew.
He has to report to RCMP in Glovertown on weekdays and can’t be in the company of anybody under 16 years old unless accompanied by an adult.
The defence’s application to reopen the case is reportedly based on medical evidence from doctors in Ontario, the United States and the United Kingdom, who debate the validity of Shaken Baby Syndrome.